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P.I.P. Ruling 2016 Advice needed.

mikey712mikey712 Member Posts: 3 Listener
Hello, i signed up to this site to get some advice really. It's regarding a recent letter i received from personal independence payment stating, following a change in the law my award of p.i.p has not changed and i will stay on the standard rate for the mobility component. My situation is i suffer from anxiety, depression and agoraphobia and find it very difficult to interact with people to the point where over the last few years i have been unable to leave the house except on very rare occasions. I go weeks and months without going out at all. I scored 10 points on the 'planning and following a journey' section, it states: You can't undertake any journey as it would cause you significant distress. This gives me the standard rate for mobility. The decision maker explains in the letter the reason for coming to the decision as follows: 
MH v DWP tribunal judgement, this relates to how overwhelming psychological distress is considered when assessing the ability of a someone to plan and follow a journey. This change applies from 28th November 2016. You have difficulty with anxiety. However, the evidence does not suggest that this results in you being able to undertake a journey without being overwhelmed. Your difficulties have already been considered in your award and the judgement does not impact on this.
I have re-examined your claim and there is no evidence to suggest a change based on the upper tribunal decisions above.
So forgive me if i am missing something here but the two sentences: 'However, the evidence does not suggest that this results in you being able to undertake a journey without being overwhelmed' and 'You can't undertake any journey as it would cause you significant distress' seem to contradict each other and do not make sense to me. I have searched for and read the original ruling document and i have to admit i do not fully understand the new interpretations of the law, so my question to anybody who does is could you help me on this? Do i have a case for an appeal? Should i be receiving the advanced rate for mobility? I have tried to contact the Citizens Advice Bureau but no one is available to speak about this so i have had to try this message board instead. I would greatly appreciate any advice. Thank You.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    One of our forum members is a former PIP assessor and is amazing at explaining what descriptors mean, i'll tag them for you and i'm sure they won't mind helping you here. @ilovecats i would appreciate your help here please.
    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.
  • mikey712mikey712 Member Posts: 3 Listener
    Thank you so much poppy for that poppy.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger

    Hello @mikey712 Pleased to meet you.

    Thank you for your post and your question.

    I am one of the team of community champions who guide, advise and help members.

    I do understand your situation your are in.  I have mental health issues myself mainly anxiety and depression.

    There will be some one who will be able to answer your query.

    I am sure some one from our team or a member of our community. Might advise you.

    I wanted to reply to you hopefully you get an answer.

    Please take care.

    @thespiceman

    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
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  • mikey712mikey712 Member Posts: 3 Listener
    Thank you very much. Yes that makes perfect sense, i am on the correct award. Seems a little strange though, you would think not being able to go out would score more points than being able to go out accompanied. Again i am unsure about the ins and outs of there thinking behind this.
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