Change Of Circumstances

pnewby38

I won my tribunal telephone case a month ago and I was awarded high rate care for daily living and low rate mobility. I was awarded it for OCD.

Question
My mobility rate, I'm not convinced I should be getting it for not been able to under take any planned journey cos I do go out sometimes.  Can I just tell them I dont want to receive the mobility component because I do go out sometimes and will there still suspend my whole pip claim?

poppy123456

How often is “sometimes”? If the majority of the days, so at least 50% of the days over a 12 month period you are unable to undertake any journey then activity 1E is correct. 

Jimm_Scope

Firstly, congrats on winning your tribunal.

Secondly, just because you sometimes are able to do something does not mean you do not meet the criteria. You have been found entitled to the mobility rate by an independent tribunal.

If you really feel like you don't want it, I would pass it on to a charity or something like that. 

Telling the DWP that you don't think you need it could trigger a "change of circumstances via improved condition" which would likely mean a review. 

pnewby38

I goto my local shop sometimes and I sometimes have appointments so I force my self to go out.  I got pip for OCD contamination and avoidance.

poppy123456

How often is "sometimes?" you didn't answer that question. 

pnewby38

It's not a question the court asked me there just said do you goto shop I said yes but anywhere unfamiliar or I think is unclean I avoid.

pnewby38

Listening back to the court recording I got the mobility due to the length of time for me to leave the house due to my OCD rituals and be worried about contamination once out, but I'm young of course I go out but I'd say 70% I just stay in but I will force my self.

pnewby38

I still think I maybe should not be getting the mobility side of it I don't know the descriptor reads to me that I can't go out at all so I'm worried.

poppy123456

pnewby38 said:

Listening back to the court recording I got the mobility due to the length of time for me to leave the house due to my OCD rituals and be worried about contamination once out, but I'm young of course I go out but I'd say 70% I just stay in but I will force my self.

Only going out 30% of the days means that on the majority of days you're unable to leave the house. Therefore the award is correct. 

pnewby38 said:

I still think I maybe should not be getting the mobility side of it I don't know the descriptor reads to me that I can't go out at all so I'm worried.

No, that's not what it means at all. PIP is not about how your conditions affect you all of the days, it's the majority of days that count.

The good news is that it was the Tribunal that made the decision so the chances of the award being incorrect is very slim. They would have applied the law correctly. 

pnewby38

Ok thank you just scared to go out even more now paranoid the DWP are watching me all the time now.  But yeah the judge was really good, the DWP wanted an adjournment but the judge said no stating my condition was not in question and that there was no reason for further evidence to be seen by the tribunal in that respect that the best person to explain how the condition effects them was me then she went on to say there is a doctor and a disability expert on the panal.  The phone call lasted 1hr 30mins but there decision took 5 minutes.  There got to 12 points with two descriptors and the judge went onto say that I would score points for most descriptors but there only have to get to 12 points.

It's the mobility component Im concerned about but I know I stay in allot through avoidance and the length of time it takes me to get out of the house due to my rituals.

chiarieds

Please try not to worry, as the DWP will not be watching you. As poppy has explained, PIP is about how you are most days, that is 50% or more of the time. Many people have conditions that fluctuate, or, like yourself, struggle to do some things like going out most days, so the tribunal's decision was correct.

There's really nothing to worry about in going out when you can

pnewby38

Thank you.