Budgie2,I would expect that by the time the DWP get round to making the actual decision on your mum's PIP they will know about the current legal position. Therefore, yes, the planning and following a journey activity should be considered in its pre-March 2017 state and can take psychological distress into account. If the DWP decision was considered before the Secretary of State's very recent announcement then it should be looked at again (by the DWP) to make sure your mum doesn't lose out on any mobility component award (standard or enhanced) she should have got under the old version of the regulations.Will
1c. Cannot plan the route of a journey. 8 points.
1d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
1f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
The decision letter lists the descriptors awarded, as such only if points are awarded for the descriptor 1c, 1d and 1f and it details the descriptor as above will you know that the recent court decision has been followed.
If no points are awarded, or different descriptors then the decision is unlikely to reveal in enough detail if a decision maker has followed the recent court decision. You can ask for an explanation of the decision, but the explanations I have seen are again not that detailed. The best way to get a fuller understanding is if you request a copy of the medical assessment, this will reveal what descriptors were considered as they list in full all the descriptors. Do not however let waiting for a copy of a medical assessment delay you requesting a Mandatory reconsideration beyond the 1 month time limit if you disagree with the PIP decision.
Keep us posted.
@wildlife will she need to go through this with ESA she's been getting ESA for a few years now but I never knew how long for it is she gets it for i always thought she got it as long has DLA/ now PIP was in payment ?