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PIP Nightmare!

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6 years 1 month ago #227265 by dominic
PIP Nightmare! was created by dominic
Although I've never registered on this site before it has been a great source of information and the input / advice from others is second to none; in saying that I would really like some advice regarding the situation i currently find myself in.

I will try to keep the post specific and to the point.

December 2016 - Completed PIP application, awarded Enhanced Daily Living, Zero points motability

August 2018 - Requested intervention, was advised that due to the change in law my mental health issues should be reconsidered.

October 2018 - Home visit by assessor from Capita

December 2018 - Was downgraded from High Rate Daily Living to Standard Rate, Awarded standard rate motability.

January 2019 - Requested mandatory reconsideration

February 2019 - After MR was awarded Higher rate daily living and standard rate motability.

I called the PIP number and asked for an explanation as to how they decided that I was only entitled to descripitor 11(e) rather than 11(f) - They advised me the reason I was not awarded descriptor f (Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid) was because I didn't leave the house enough to justify been awarded the higher rate.

So I'm asking for some advice, When I had my most recent f2f assessment I was only out of the psychiatric hospital. The fact that I would only go out for essential appointments was because at that time as one could expect my mood was very low - however when my mood is not low I do tend to leave the house most days even if its just for a drive with my partner. The issue is that due to numerous MH issues I need to be accompanied.


See below for reply from capita after a case manager from PIP asked for clarification for the mandatory reconsideration

***
All 16 available attachments of evidence reviewed.
DA response advice:
All evidence has been reviewed. The HOC reports Depression/ Anxiety and Schizophrenia, with significant specialist input, medication and recent suicidal action. The IOS / MSE, SOH and FE are consistent with low mood, signs of OPD, anxiety and lack of motivation. Medications are significant for mental health and only partially effective. While the MSE reports being well nourished, the FH and PIP2 in regards to act 2 are consistent with needing prompting continually to complete a meal which is consistent with his low mood and previous assessments. While it is acknowledged that the PIP2 indicates going into shopping centre, it also states only going out when necessary. The FH reports symptoms of OPD when out and the SOH indicates only leaving the house for medical appointments a/hich usually occur once a week. Therefore there is insufficient evidence to support that he leaves the home the majority of days and for that reason 11e appears appropriate.
Change to 2d only, no other change.
***


Im going send in another MR, this time with further evidence form myth GP - I'm wondering is it possible to also lodge an appeal at the same time and is this something I should mention in the MR letter? I've seen on forums where the DwP or DfC in my case (N. Ireland) realise that the persons case is strong and will probably win at a tribunal so to save themselves the extra work the might take the points made more seriously?

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6 years 1 month ago #227282 by Gordon
Replied by Gordon on topic PIP Nightmare!
dominic

Before you make any decisions it is important that you understand that Descriptors (e) and (f) are considered to be mutually exclusive of each other, you cannot argue a case for one without undermining the argument for the other, so trying to show that you meet (f) could easily remove your existing award from (e).

If you have already had an MR then the DfC are under no obligation to carry out a second one, the normal procedure is for you to request an appeal if you are still unhappy with the Decision.

Obviously, I can only go on what you have posted but I see nothing that suggests that you meet the higher Descriptor, you mention no sensory or cognitive issues nor is there any suggestion that you suffer overwhelming psychological distress when out, sufficient to prevent you from following a route.

Gordon

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

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