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PIP renewal 1 year 2 months ago #231996

AC

There's no legal definition for OPD but the following is from the DWP's PIP Assessment guide when talking about OPD

"OPD means distress related to a mental health condition or intellectual or cognitive impairment resulting in a severe anxiety state in which the symptoms are so severe that the person cannot undertake a journey without being overwhelmed. The threshold is a high one - a claimant who is anxious, worried or emotional does not meet it."

As I explained in my example (last post) there is value to the claimant in echoing the phraseology used in the Descriptors. I'm not saying that severe anxiety will not meet the test but it requires those assessing you to believe that this is equivalent to OPD.

ME/CFS is considered a physical condition but it is not uncommon for sufferers to also have mental health issues and cognitive dysfunction is a common symptom. That said, I don't think we have seen much, if any, success for members trying to get points for ME/CFS and Going Out.

Gordon
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PIP renewal 1 year 1 month ago #232048

Thanks Gordon,

I think that
(e) unable to undertake a journey is probably the most relevant Descriptor for me. Can you clarify what is the majority of the time though just so I can be sure?

When you were saying that the time that I do leave the house will argue against this and I will need to explain what is different on those days and why. What exactly do you mean, what sort of points would I have to cover? and would I be writing this on the MR?

Like I said previously with this descriptor I have already got evidence for prompting, unable to follow a route and cannot undertake the majority of the time. I'm concerned that my evidence might not be as strong evidence for (e) rather than prompting. I'm not sure if it is wise even though I think (e) is most appropriate if the DWP do not think the evidence is strong enough, could I lose my chance of getting points for prompting and end up scoring zero?

Also, the following routes I also have evidence for this again prob not as strong as prompting but as I don't go out most of the time, this descriptor isn't the majority of time descriptor for me it just applies on the odd times I go out.

I Have anxiety and depression as separate conditions, although I do recognise that my CFS can contribute and interellated as well. Am I best asking the disability advisor to delete the stuff on CFS on this descriptor could it weaken my case as it's about OPD?

thanks
AC

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PIP renewal 1 year 1 month ago #232058

AC

The majority of the time means the majority of days in a year. Any day that you could leave your home but have no need to would count as a day that you do not meet the criteria.

Capability is seen as black and white when in reality the "reliability" criteria make things grey, so you need to explain when you do go out, how often and why you are able to do so. I can't put words in your mouth but as an example; some members have reported that they view GP and hospital visits as compelling, perhaps you minimise your exposure to the outside by parking your car close to the front door, maybe you only go out with someone else.

Evidence of prompting will not help you score higher as (e) is predicated on the fact that prompting is insufficient to overcome your reluctance to leave the house but if the evidence is strong then I don't think you should be overly worried about losing the four points.

If you are going for (e) then your ME/CFS is not going to help but I can't define how if it will and how much it might dilute your arguments.

Gordon
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PIP renewal 1 year 1 month ago #232065

Thank you. It is becoming a lot clearer and yes for me I've actually said that prompting even though I need it, it doesn't work and even with that I can't go out the majority of the time.

My concern is that for example in the PA4 it says I can go out and it says I don't go out most of the time etc. to two conflicting things there that I think have come about because when I was asked I said yes BUT and I said yes as being honest there are times when I have to go out for medical reasons for example but like you say I can't go out for the sake of going out, it has to be something I really need to do and even then it often isnt possible and also depends if there is support available.

So my concern is if they argue to (E) that I can go out even though I cant the majority of time and my case is weak then I worry that they could score me zero. If they do not give me points for (E) does that automatically rule me out to get points for prompting? Or could they consider points for prompting in the event that they won't award (e)?

Also, when I writing the MR, I've had a look at the sample reports of the BWork site but I'm really unsure what I need to write for example for the going out and my justification of why I think I qualify for (e)
could you give a break down of the general points I need to include?
It looks from the sample reports of a small paragraph but I struggling with the volume of information of my case ,could you list the main vital things that I need to include in a MR justification for a descriptor? I'm presuming it doesn't have to be war and peace but need to know that I'm covering the main evidential things

thanks
AC

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PIP renewal 1 year 1 month ago #232071

AC

Descriptors (b) and (e) are linked just as (d) and (f) are, so arguing (e) does not preclude you from scoring for (b) if the former is not awarded.

As to what you need to say;

- How are you limited in going out?
- What condition causes it?
- Why is prompting ineffective?
- If forced to leave the house what effects would you suffer from, remember the OPD?
- How often are you affected?
- When you can go out why it this?
- How often can you go out?

Gordon
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PIP renewal 1 year 1 month ago #232078

That is great thank you.
Re: Moving around as stated on earlier posts I said 50 -200 metres but also stated that because I 'm housebound most of the time and exhausted I hardly move around at all and have to lie down frequently throughout the day and that I cannot do this distance repeatedly and reliably.
on my assessment it says that I got the distance wrong and I now see that I should be giving the distance of 20-50 metres because that reflects my moving around the majority of time and on the odd occasions that I go outdoors, it exhausts me and day after I cannot do any further activities and cannot do it repeatedly.
Do you see any problem in me now giving the distance of 20- 50 on the MC? and if they disagree would I be considered for the 50-200?

Also could you give me a list of things to include for this descriptor?

I got zero for moving around based on no lower limbs problems but the problem I have with this descriptor is fatigue and post fatigue exertion and not pain.
they also only awarded me prompting for cooking on the basis that I have no upper/lower limb problems, when I need assistance due to fatigue and not pain.

with the nutrition I need prompting but they have refused that on basis that I don't have a dietician and have 1 proper meal a day but I have someone prompting me to eat otherwise I'd go without eating. I don't know if it's worth me arguing this descriptor as they said the same thing last time. Do you think I'm wasting me time with that one?

thanks
AC

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