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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #261922

I act as carer for my former partner who has been in receipt of PIP since 2015.
Nothing about her condition, or circumstances has changed since that time.
In may this year, out of the blue, she was awarded the enhanced rate of care and basic mobility, falling in line with the high court decisions against the DWP.
She contacted DWP to query why she had not been awarded her 'new rate' from the start of her claim, being that there had been no changes in her condition or her situation, only to be met with what she could only describe as a load of waffle.
She received a letter last week, that included a copy of her previous assessment, however the scores they provided did not match those she has in her records.
I would dearly love to know how I might be able, as her carer and with a greater ability to understand and process the information, to press the DWP on her obvious claim to monies owed following the high court decisions.
She suffers from Bi-polar, BPD, anxiety and depression, so as far as I can see, should have been automatically included in the leap review, else the unexpected increase in her award makes no sense.
Any help would be greatly appreciated. Thanks

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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #261940

Hi Anthony

You say out of the blue your partner was awarded enhanced rate of care and basic mobility, but you didn't say what she originally had. The high court ruling for 2016 was about mobility and in 2019 engaging face to face. Your partner could not have received the money from 2015 because the rulings had not been made and that is the same for every claimant.

BIS

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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #261966

Hi, sorry. Originally she was receiving basic care and no mobility. As I said, nothing about her conditions or how they affect her have changed, since her original claim back in 2015. If she is entitled to it now, she must have, if the law was interpretted correctly, been entitled to it from the begining of her claim.
Am I wrong to arrive at what seems to be such an obvious conclusion? In the absense of any changes other than the high court decisions, how can the increase in her award be justified?

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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #262014

Hi Anthony

A couple of points to bear in mind

Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.

Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!

In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.

Clear evidence of Overwhelming Psychological Distress when following a route is essential.

Gary

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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #262025

Gary would you show here ,

"Clear evidence of Overwhelming Psychological Distress"

Thanks.

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Obvious leap case being dismissed by DWP 1 month 3 weeks ago #262086

Hi ccc

The legal definition is:

“Overwhelming psychological distress” means distress related to an enduring mental health condition or an intellectual or cognitive impairment.

When you feel or experience feelings of vulnerability, fear, confusion, or trouble, it can be referred to as psychological distress or mental distress. While it is normal to feel overwhelmed, fatigued, and tired now and then, psychological distress occurs when what you feel is intense and more profound.

Gary
The following user(s) said Thank You: ccc

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