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How To Word A Submission For PIP Appeal For Planning And Following Journeys

keirakeira Member Posts: 136 Courageous
My PIP claim was for severe anxiety. I was only awarded 4 points for the planning and following journeys descriptor. I requested a Mandatory Reconsideration and the decision was not changed so I appealed. I am now waiting for the DWP "bundle" to arrive. I am hoping that someone can give me some advice as to what I should say in my written submission to the Tribunal. I feel that I should qualify for descriptor F - because I can't follow the route of any journey without another person due to overwhelming psychological distress. Can anyone give me some advice please.

Replies

  • Fight4JusticeFight4Justice Member Posts: 63 Courageous
    I have been given the one where it's an "unfamiliar" journey 3x in a row for my Asperger syndrome. It got changed in Feb/March (I believe) 2017 to exclude psychological distress, however, it apparently is back. I will find out from the result of my PIP Reassessment, whether it indeed has been changed back.

    This has roughly been my answer throughout:

    I'm too afraid to use public transport because I don't like sitting next to other people. I can't travel by myself out of fear of getting lost or having an accident.

    Because I can drive to familiar places. I tend to get followup questions such as "what would you do if there was a road block/diversion?", my response has always been "I'd pull over at the next safe spot, and call my dad for help".

    Under the old descriptors this has always got me 10 points & the standard rate for mobility.

    Do you mind me asking when your PIP assessment originally was? Was it before or after the Govt did their uturn on discriminating against mental health, for mobility? If it was after, I guess I'm getting 4 points too.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    Have you kept a diary? I would also, as above, explain what happens in certain situations. To get PIP, it just has to be reasonable.
  • keirakeira Member Posts: 136 Courageous
    Thank you for the replies. When I write my submission should I mention the change in the law? 
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  • keirakeira Member Posts: 136 Courageous
    Thanks Victoriad. I will take your advice.

    I can't go anywhere without having someone with me because of my severe anxiety. Do I need to say more than this?
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    You need to explain why. What happens if someone isn't with you and give examples of things that have happened, if possible.
  • jose2jose2 Member Posts: 128 Pioneering
    As @Fight4Justice ,I told the nurse at my PIP assessment that If I go on an unfamiliar journey without help I have to pull over to the side of the road ,stop! and then I go back home because I'm so scared and frightened,when I rang the MR he was very sarcastic and said 'then you should maybe think about stopping driving now',this though did not put me off  from fighting back, in-fact that comment gave me the push I needed to write ,phone to ATOS and get intouch with my MP and I even got the ball rolling  for a tribunal before I got  my 1st MR report back from them ,as I knew from his comment on this point and others about my ever increasing health problems they were going to agree with PIP assessor,(which of course they did)after letters etc! to the above people a month and 1/2 later a new letter from MR gave me my higher rate back.
    All good luck.   
  • keirakeira Member Posts: 136 Courageous
    edited February 2018
    I have received the "bundle".

    DWP have said there is no diagnosis of a cognitive,sensory,memory or intellectual impairment or any learning difficulties and that my GP has said that I can travel to assessment centre by bus or taxi. I don't understand what any of this has to do with needing to have someone with me every time I go out because of my anxiety? 

    Also, they don't seem to have taken into account the change in the law. 

    I don't know what to do. Can anyone help me please?
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  • NystagmiteNystagmite Member Posts: 609 Pioneering
    keira said:
    I have received the "bundle".

    DWP have said there is no diagnosis of a cognitive,sensory,memory or intellectual impairment or any learning difficulties and that my GP has said that I can travel to assessment centre by bus or taxi. I don't understand what any of this has to do with needing to have someone with me every time I go out because of my anxiety? 

    Also, they don't seem to have taken into account the change in the law. 

    I don't know what to do. Can anyone help me please?
    Do you have a CPN or similar who you see who can back up the fact that you need someone with you? Do you see your GP alone?
  • lillybellelillybelle Member Posts: 458 Pioneering
    I can’t understand why your GP won’t write a letter stating your disability and medical history
    i know there is a charge.
      Have you seen a consultant in the past at the hospital?
    if so contact them and ask for a copy of the last report that they did
    it won’t cost you anything and is evidence that should be taken seriously 

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  • lillybellelillybelle Member Posts: 458 Pioneering
    I think you should seriously consider a change of GP.

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  • [Deleted User][Deleted User] Posts: 0 Listener
     If you do not see your GP on a regular basis He/She will have this attitude.
  • keirakeira Member Posts: 136 Courageous

    I have just read the following on the Benefits and Work site and I'm thinking that my appeal is pointless?



    No new guidance yet
    In her written answers, Newton also revealed that PIP assessors are currently still working to the old, out-of-date and legally incorrect guidance, explaining that:

    “We are working with stakeholders to change the PIP assessment guide so that we can implement the judgment.”

    Until we see the new guidance, we won’t know how the DWP have chosen to interpret the court rulings. The concern is always that the DWP will define who is entitled to points due to psychological distress as narrowly as they possibly can, to reduce the number of awards.


  • keirakeira Member Posts: 136 Courageous
    There seems to be no point in asking for a MR or an Appeal at this stage if the above information is correct and DWP are still working to the old rules. 
    Is there anyway of telling from the appeal bundle which rules have been used?
  • keirakeira Member Posts: 136 Courageous
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They haven't changed the descriptors as yet but they do plan on doing so, when this takes place i have no idea.

    When they do change them then descriptor F will not apply to everyone. The distress must be overwhelming and extreme – simple anxiety, even strong anxiety, is not enough. The person must be unable to navigate or proceed without help because of their extreme mental state. Unless your anxiety is overwhelming and extreme, you will not be awarded 12 points in this descriptor.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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