- Posts: 120
× Members
pip mobility mental health
- cw12
- Topic Author
- Away
Less More
3 hours 42 minutes ago #313052 by cw12
pip mobility mental health was created by cw12
hi im a bit confused about the mobility component of pip. at present i get standard rate it said on report i need prompting. i disagree with this as i cant leave the house safely going to a familar place without someone with me. i have dissociation and autism, in the past going out alone i have got lost and harm has come to me, i cannot ask for help if lost because i have mutism. when this happens i loose my memory so have no idea at the time what has happened. now i only go out to medical appointments and i get a lift with someone i know well. any advice would be great. what is the difference between prompting and getting 12 points, not being able to get to a familar place without someone with you.
Please Log in or Create an account to join the conversation.
- LL26
- Away
Less More
- Posts: 1620
57 minutes ago #313053 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic pip mobility mental health
Hi cw12,
Prompting is defined as encouraging and reminding. In the case of Descriptor 1 mobility I think this would be to encourage someone to go out, but is otherwise fine whilst out. However, the scenario you described seems to fit more correctly into 1 F. Also, you have properly identified that there are safety issues, namely that you get lost, and can't ask for help. In addition, if you do get lost, it is likely you may not complete the task at all or within a reasonable time.ie more than twice that of a non disabled person. If you get lost, it is unlikely you will reach an acceptable standard.
Safety, reasonable time and acceptable standard together with repetition comprise the so-called reliability criteria of Regulation 4(2A). PIP Regs 2013. If you can't make a familiar journey without needing another person with you (or specialist aid if eg blind or deaf, or proper assistance dog,) to ensure you are safe, acceptable etc then 1 F applies.
DWP of course may just award fewer points because they haven't really thought it through, and often do not fully understand the effects of autism.
I'm presuming that you have had a recent decision, (or expect one, following the report,) and disagree. If you have had a decision, you can send in a Mandatory Reconsideration letter. You need to send this in within 1 month of the decision date. You can ask for MR upto 13 months after the decision but you would need to show a very good reason why the MR couldn't be done earlier and within time.
You can just dispute the mobility award, but make this very clear.
If you wanted to dispute this or any other descriptor then you could firstly write a few general background paragraphs about your health, then four or five bullet points explaining inaccuracies in the report, if you wish to do this, (condense the issues into the bullet points rather than going through everything and give examples.) then go through each relevant descriptor and explain in detail what you can or can't do. You can do a more focused criticism of the report. Say the points you should have received. Whereas most of the descriptors can give rise to one or more levels applying, a recent case stated that mobility 1 can only give rise to points on just one of the levels.
If you wish to write in for MR then give examples of attempting to go out, getting lost, and any safety issues especially where you were at risk of harm, or this actually happened. It is important to explain exactly, rather than sugar coat what's happened. (I appreciate this may be extremely difficult for you, but DWP need to know this.) Also explain why you don't go out, as avoidance may also be important evidence. Explain also if you have eg anxiety or breathlessness etc either when out or when thinking about going out. Alternatively/additionally explain more about the disassociation, as well as the mutism. Does the latter affect you all the time or only at certain times or places- if so why?
I hope this helps.
Let us know if you have any further queries
LL26
Prompting is defined as encouraging and reminding. In the case of Descriptor 1 mobility I think this would be to encourage someone to go out, but is otherwise fine whilst out. However, the scenario you described seems to fit more correctly into 1 F. Also, you have properly identified that there are safety issues, namely that you get lost, and can't ask for help. In addition, if you do get lost, it is likely you may not complete the task at all or within a reasonable time.ie more than twice that of a non disabled person. If you get lost, it is unlikely you will reach an acceptable standard.
Safety, reasonable time and acceptable standard together with repetition comprise the so-called reliability criteria of Regulation 4(2A). PIP Regs 2013. If you can't make a familiar journey without needing another person with you (or specialist aid if eg blind or deaf, or proper assistance dog,) to ensure you are safe, acceptable etc then 1 F applies.
DWP of course may just award fewer points because they haven't really thought it through, and often do not fully understand the effects of autism.
I'm presuming that you have had a recent decision, (or expect one, following the report,) and disagree. If you have had a decision, you can send in a Mandatory Reconsideration letter. You need to send this in within 1 month of the decision date. You can ask for MR upto 13 months after the decision but you would need to show a very good reason why the MR couldn't be done earlier and within time.
You can just dispute the mobility award, but make this very clear.
If you wanted to dispute this or any other descriptor then you could firstly write a few general background paragraphs about your health, then four or five bullet points explaining inaccuracies in the report, if you wish to do this, (condense the issues into the bullet points rather than going through everything and give examples.) then go through each relevant descriptor and explain in detail what you can or can't do. You can do a more focused criticism of the report. Say the points you should have received. Whereas most of the descriptors can give rise to one or more levels applying, a recent case stated that mobility 1 can only give rise to points on just one of the levels.
If you wish to write in for MR then give examples of attempting to go out, getting lost, and any safety issues especially where you were at risk of harm, or this actually happened. It is important to explain exactly, rather than sugar coat what's happened. (I appreciate this may be extremely difficult for you, but DWP need to know this.) Also explain why you don't go out, as avoidance may also be important evidence. Explain also if you have eg anxiety or breathlessness etc either when out or when thinking about going out. Alternatively/additionally explain more about the disassociation, as well as the mutism. Does the latter affect you all the time or only at certain times or places- if so why?
I hope this helps.
Let us know if you have any further queries
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator