Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
  • Page:
  • 1

TOPIC: PIP- MH vs DWP, Agoraphobia, no change.

PIP- MH vs DWP, Agoraphobia, no change. 3 months 3 weeks ago #235567

I recently got a letter about my PIP and changes in the law. No changes were made and this is what was written under MH vs DWP:
"This relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey. As evidence indicates that you avoid overwhelming psychological distress by not undertaking any journey for the majority of days despite any assistance you could receive, your difficulties have already been considered in your award (standard rate) and the judgement will not impact this."

I've not been able to leave the house for near a decade now. The only time being when I had a dental emergency and had to have my father help me get to a dentist since there was no way i'd have been able to get there on my own with how distressing it would have been.

I feel like it's only natural we do our best to avoid putting ourselves in distressing situations when we can help it. And in emergencies, i feel like i'd still not be able to leave my house alone and without help.. Is the decision justified that I should still be on standard rate mobility?

Any insight would be greatly appreciated! Thank you.

Please Log in or Create an account to join the conversation.

PIP- MH vs DWP, Agoraphobia, no change. 3 months 3 weeks ago #235569

Hi Pup

As you yourself say, you have not left the house for a decade.

Descriptor e says: Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points. (which is standard rate)

At the Upper Tribunal where this was looked at, the Tribunal decided that if e) applies to you and you never undertake a journey because of overwhelming psychological distress, then f) cannot apply because you would not be able to follow a route even if you had another person with you.

That is why you have been awarded standard rate. Emergencies do not happen very often - so they have awarded you on the what happens the majority of the time - which is you are confined to your home.


Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: GordonGaryBIS