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TOPIC: Mandatory reconsideration

Mandatory reconsideration 2 months 6 days ago #217707

Hi I am desperately in need of some help about making a mandatory reconsideration I only received my letter last week but it was sent on the 17th of August so I only have until the 17th of September to get the letter to them is this correct? I have read that it says you can phone them has anyone any advice on which is the better to do?
I had my assessment to change from DLA to PIP I believe I am entitled to enhanced rate care and enhanced rate mobility however I have only been awarded enhanced rate care, standard mobility.
I have received four points for you need prompting from another person to undertake a journey to avoid causing you significant mental distress I disagree with this but I am struggling which element I would fall into under the pointscoring as I seem in between some of them because of issues that I have there are only three or four places close to home that I can go to And even getting to these I don’t seem to be managing getting to these places that I know causes me significant mental distress.
I cannot Undertake any journey or to go anywhere else apart from these places at all be it on my own or with anyone else could someone help as to which criteria I would fit into. It also says on my letter I cannot consider awarding you pip for any help you need for anything not covered by the daily living on mobility activities? I’m not sure what this means?
Also will I still get payed dla or pip whilst i am waiting for them to reconsider,I am still on dla at the moment.
My other worry is that I was awarded 13 points for daily living however looking at that I should definitely be receiving more points do I address this also in the mandatory reconsideration or do I just discuss the mobility side I’m really struggling to deal with it all but I think I’ve seen that they may look at it all again anyway ?

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Mandatory reconsideration 2 months 6 days ago #217712

Fls

You say that you have a Standard award for Mobility so you also scored for the Moving Around activity?

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

You don't mention problems with Following a Route so I assume your problems are with actually leaving your house, however, you say that you do this although you do not state how often. The test does not consider where you go, just whether you can go out, you need to be unable to do this reliably on the majority of days to score higher, this is not about the days that you do not go out, only those that you cannot go out, can you show this?

Gordon
The following user(s) said Thank You: Fls

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Mandatory reconsideration 2 months 6 days ago #217739

Thank you for your reply Gordon yes I scored four points for the moving around activity.
The planning a route undertaking a journey and following the route all intertwine for me due to physical health issues and also severe mental health issues I have M.E fibromyalgia arthritis these are just a few of the physical Conditions I suffer from which effect me going out physically.

The going out activity on my mobility activities - cannot Follow the route of an unfamiliar journey without another person assistance dog orientation aid. I feel I should of scored 10 points here as I cannot follow the route of an unfamiliar journey at all even if people were with me I still could not follow that route.
I have severe PTSD,anxiety disorder,social anxiety,agoraphobia and OCD to name a few which are completely overwhelming the last time somebody tried to drive me in the car somewhere I didnt no I wanted to jump out of the car I was sick the fear was that great and I had a complete breakdown.this was just a few minutes down the road but the road was unfamiliar to me let alone somewhere I do not no.

Planning a route – I cannot plan a route at all I do not have the mental capacity with all my conditions to do this I just can’t understand it and it stresses me so much.

Following the route – again due to memory and mental health issues as discussed above they all intertwined prevent me from following a route even following a route or undertaking a Journey to somewhere that I know cause me Severe distress to do this so this does not happen often.
I no I have to get this sent soon as I feel I’ve been Underscored for care also should I also get that down?

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Mandatory reconsideration 2 months 6 days ago #217741

Fls

I understand that you see your problems crossing the Descriptors but the law does not allow this, you have to pick the option that fits best with your limitations.

If you have problems leaving your house then you cannot score for issues with following a route as by definition this requires you to go out. Conversely, if you have problems following a route then this can only be because you have left your home.

Your conditions and your previous posts suggest that your problems are more about your not being able to go out than the difficulties you would have following a route once you have left your home.

Gordon
The following user(s) said Thank You: Fls

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Mandatory reconsideration 2 months 6 days ago #217743

You are correct I feel they all intertwine and all cause me difficulties but the one for me that sticks out the most and causes me considerable distress is the thought of following the route of an unfamiliar journey Maybe because this is the one that I feel has most impact?how would you advise me to go forward do you have any advice?much appreciated

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Mandatory reconsideration 2 months 6 days ago #217744

Gordon when your claim gets looked at and like myself you fall under all of the descriptors for that particular activity who decides which one you are placed into as I feel I fall into them all I understand you can only be placed into one,I also have received no report that user a lot of people talking about,is this something I should have received?

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