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Q13 - PIP - Diabetic Retinopathy
- BlueMeany68
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20 hours 59 minutes ago #311057 by BlueMeany68
Q13 - PIP - Diabetic Retinopathy was created by BlueMeany68
My wife has recently had mobility of PIP reduced from enhanced to standard. We accept that Q14 (how far she can walk etc) is correct - this has reduced from previous 12 to 8 points.
However, on the claim form I advised that she has Diabetic Retinopathy, with laser treatment in both eyes. I included diagnosis letters and copies of the laser appointment results. This condition is reviewed every 9-12 months. She has a restricted licence from DVLA, but looks like DWP have totally ignored this condition in Q13 where I put that this condition makes it difficult to plan and follow a journey due to how her eyesight becomes worse in twilight and darkness (don't worry she doesn't become blind!) but it causes her great anxiety if appointments etc are later in the day and more often than not, I take her to these when I can get time off work.
Should DWP be taking this condition into consideration on how she can plan and follow a journey, and how anxious she becomes if I'm not able to take her?
Hope this makes some sense, we are looking at mandatory reconsideration, purely for this question really, as receiving the 4 points would move her back into enhanced mobility. They have (as has been noted many places) used the fact that she can drive a car as reason to not offer, yet haven't taken into consideration that she can only really use the car for a limited time each day to avoid vision issues and anxiety of such.
However, on the claim form I advised that she has Diabetic Retinopathy, with laser treatment in both eyes. I included diagnosis letters and copies of the laser appointment results. This condition is reviewed every 9-12 months. She has a restricted licence from DVLA, but looks like DWP have totally ignored this condition in Q13 where I put that this condition makes it difficult to plan and follow a journey due to how her eyesight becomes worse in twilight and darkness (don't worry she doesn't become blind!) but it causes her great anxiety if appointments etc are later in the day and more often than not, I take her to these when I can get time off work.
Should DWP be taking this condition into consideration on how she can plan and follow a journey, and how anxious she becomes if I'm not able to take her?
Hope this makes some sense, we are looking at mandatory reconsideration, purely for this question really, as receiving the 4 points would move her back into enhanced mobility. They have (as has been noted many places) used the fact that she can drive a car as reason to not offer, yet haven't taken into consideration that she can only really use the car for a limited time each day to avoid vision issues and anxiety of such.
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- BIS
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3 hours 45 minutes ago #311071 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Q13 - PIP - Diabetic Retinopathy
HI BlueMeany68
I think you may have run into difficulties with the way they have interpreted what you have told them. For the DWP to take notice of a condition, it has to affect someone for the majority of the time. Clearly, your wife has Diabetic Retinopathy for 100% of the time. Her sight deteriorates in twilight and darkness, which would also be 100% of the time in those conditions. The issue then becomes (for the DWP) how often she has to go out in those conditions. Four or more times a week? You mention appointments where you try to come home from work - to take her - but are there other times when she is driving alone? If she does drive alone, the DWP will always try to hang onto that. However, they are not supposed to discriminate against claimants because they hold a driving licence or drive. So, where are you hoping to score the four points?
1b says "Needs prompting to be able to undertake any journey to avoid overwhelming psychological
distress to the claimant. 4 points." The 'overwhelming psychological distress' is quite a high bar for which there is no proper definition, but you would need to describe what sort of prompting you or any other family member does, your wife's reaction and the severity of symptoms.
1c. says "Cannot plan the route of a journey." 8 points. - A person doesn't actually have to take a journey that they plan. As your wife drives, the DWP are probably assuming that she has the ability to plan the route of a journey ie she knows for example how to get from your home to the nearest supermarket. If she can't do this, you would have to say what is stopping her and why.
1d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or
orientation aid. 10 points. - Your wife can argue that because of her condition and the additional anxiety that it causes her, perhaps she never does this, and you always drive her somewhere that is unfamiliar.
1e. Cannot undertake any journey because it would cause overwhelming psychological distress to
the claimant. 10 points. This applies to people who are unable to leave the house because of their condition - so this doesn't seem to apply to your wife.
1f. Cannot follow the route of a familiar journey without another person, an assistance dog or an
orientation aid. 12 points. You said in your post that there are a limited number of hours that your wife can use the car, which seems to imply that she is able to drive alone and therefore follow the route of a familiar journey if you are not able to come home.
If you decide to put in for an MR - you want to be careful how you argue your case. Your wife already has a limited license, and you don't want the DWP to write to the DVLA and say on the strength of what you have told them on the PIP form, she shouldn't be driving at all. (We have had a couple of members that the DWP have done this to). I don't say that to scare you - only to warn you to be careful how you make your arguments. I would write in your MT that the assessor has misunderstood the impact of the condition on your wife's daily life and is unfamiliar with the psychological aspects of the condition that make it difficult for your wife to access driving or other forms of transport for the majority of the time.
BIS
I think you may have run into difficulties with the way they have interpreted what you have told them. For the DWP to take notice of a condition, it has to affect someone for the majority of the time. Clearly, your wife has Diabetic Retinopathy for 100% of the time. Her sight deteriorates in twilight and darkness, which would also be 100% of the time in those conditions. The issue then becomes (for the DWP) how often she has to go out in those conditions. Four or more times a week? You mention appointments where you try to come home from work - to take her - but are there other times when she is driving alone? If she does drive alone, the DWP will always try to hang onto that. However, they are not supposed to discriminate against claimants because they hold a driving licence or drive. So, where are you hoping to score the four points?
1b says "Needs prompting to be able to undertake any journey to avoid overwhelming psychological
distress to the claimant. 4 points." The 'overwhelming psychological distress' is quite a high bar for which there is no proper definition, but you would need to describe what sort of prompting you or any other family member does, your wife's reaction and the severity of symptoms.
1c. says "Cannot plan the route of a journey." 8 points. - A person doesn't actually have to take a journey that they plan. As your wife drives, the DWP are probably assuming that she has the ability to plan the route of a journey ie she knows for example how to get from your home to the nearest supermarket. If she can't do this, you would have to say what is stopping her and why.
1d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or
orientation aid. 10 points. - Your wife can argue that because of her condition and the additional anxiety that it causes her, perhaps she never does this, and you always drive her somewhere that is unfamiliar.
1e. Cannot undertake any journey because it would cause overwhelming psychological distress to
the claimant. 10 points. This applies to people who are unable to leave the house because of their condition - so this doesn't seem to apply to your wife.
1f. Cannot follow the route of a familiar journey without another person, an assistance dog or an
orientation aid. 12 points. You said in your post that there are a limited number of hours that your wife can use the car, which seems to imply that she is able to drive alone and therefore follow the route of a familiar journey if you are not able to come home.
If you decide to put in for an MR - you want to be careful how you argue your case. Your wife already has a limited license, and you don't want the DWP to write to the DVLA and say on the strength of what you have told them on the PIP form, she shouldn't be driving at all. (We have had a couple of members that the DWP have done this to). I don't say that to scare you - only to warn you to be careful how you make your arguments. I would write in your MT that the assessor has misunderstood the impact of the condition on your wife's daily life and is unfamiliar with the psychological aspects of the condition that make it difficult for your wife to access driving or other forms of transport for the majority of the time.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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