LEAP reviews for PIP Mobility

ncor

Hi,

Ive only just found out about these LEAP reviews for the ‘planning a journey’ mobility descriptor for PIP.

My first award for PIP was in October 2017 for 3 years, after transferring from DLA. I scored 4 points for moving around and 4 points for planning a journey, therefore qualifying for the standard rate of PIP mobility. This was awarded at tribunal in June 2018 but backdated to October 2017.

My current PIP claim, I scored 10 points for the ‘planning a journey’ mobility descriptor and 4 points for ‘moving around’, qualifying me for the enhanced rate of mobility.

Do you think I fit into the category for the LEAP review, if so, how do I go about finding out about this?

Any help or information would be much appreciated.

Thanks.

janer1967

Hi and welcome 

I'm sorry I don't know anything about this but there have been several discussions about this the last few days if you look in recent discussions 

Something I do know is that if you are affected dwp will contact you they have lots of claimants to look through so obviously this will take time 

ncor

Thank you for the information, might get welfare rights to help me to see if there’s anything they can do. 

chiarieds

Hi @ncar - there's some info here, which as far as the 'planning a journey' descriptor goes is about claimants who suffered 'overwhelming psychological distress':  https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

The DWP say that they will contact those in whom they feel an award should have been given, or if additional points might change their award from standard to enhanced, but only those.

As Jane says, there are not only many claimants that may have been affected, but, due to Covid-19 many new claims for PIP, an increase in reviews too as well as so many claims for Universal Credit, so looking through these is taking even longer than anticipated.

However, if you're not considered to have suffered 'overwhelming psychological distress' this may likely not affect you.

ncor

Okay maybe I will just have to wait for the letter then.

Previous award, my ‘planning a journey’ score was only 4 points which means having to be prompted to undertake any journey to avoid overwhelming psychological distress.  This was after transferring from DLA.

My current ‘planning a journey’ score is 10 points which means not being able to undertake any journey without it causing overwhelming psychological distress.

I would say I’d fit into the category for overwhelming psychological distress do you not think?

Do you think it would be good to get welfare rights involved?

 Thanks.

chiarieds

As overwhelming psychological distress was identified as an issue, then getting advice from Welfare Rights seems like an option. Your current award suggests the DWP did indeed take the change in case law into account.

calcotti

ncor said: My current ‘planning a journey’ score is 10 points which means not being able to undertake any journey without it causing overwhelming psychological distress.

Given that you have been given points for descriptor 1(e) it doesn't appear likely there is anything to review - if this is correct. Psychological distress has been taken into account.

If descriptor 1(e) applies (Cannot undertake any journey because it would cause overwhelming psychological distress) then you cannot be eligible for descriptor 1(f) (Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid).

ncor

Yes but as already said, my previous award was only standard mobility and current award is enhanced mobility.

Surely it needs to be reviewed to see that I should have been eligible for the 10 points in my previous award from 2017-2020? Therefore checking if I should have got enhanced mobility within that time frame as opposed to standard mobility.

calcotti

ncor said:

Yes but as already said, my previous award was only standard mobility and current award is enhanced mobility.

Surely it needs to be reviewed to see that I should have been eligible for the 10 points in my previous award from 2017-2020? Therefore checking if I should have got enhanced mobility within that time frame as opposed to standard mobility.

Understood. I didn't read your initial post as being a concern about the earlier award. 

ncor

Hi,

Just an update and would appreciate some further advice.

I rang last week and requested a call back from the LEAP team.

They called me yesterday and said that as my previous award was made by tribunal there was no way they would look at changing the decision in regards to LEAP legislation and that there was nothing else I could do.

I find this hard to believe and would appreciate some advice regarding this.

 Thanks.

Tori_Scope

Hi @ncor To be honest, I don't know a huge amount about the LEAP review. I hope that another member will come along with some more knowledge or personal experience. However, I did find this quote from the DWP on CPAG's website, which says: 

there will be an initial scoping exercise to identify claimants who have been in receipt of the enhanced [rate of both components of] PIP since the judgment date, or who have had a tribunal decision that would have considered the judgment. These cases will not be reviewed. All other claimants (who are in receipt of PIP or have had a decision made on their claim since the judgment date), will be considered in scope for the exercise and contacted with the outcome of the review. They will then have a route to challenge the outcome.’1

Does that explain why this might have happened?

ncor

Thanks for the input.

I didn’t know that they weren’t taking tribunal decisions into consideration, find that a bit unfair to be honest.

I am awaiting a call back from my welfare rights representative, and will ask them more about it, and see what their input is.

chiarieds

Hi @ncar - this seems to be because the DWP can look at previous awards (or none) they made, but they can't change an award made by a tribunal. However, you can ask for this to be looked into, which you seem to have done. Hope Welfare Rights are able to advise you further. Kindly let us know how you get on, thank you.

ncor

Hi,

Welfare rights rang me back today. They advised me also that as it is a tribunal decision, there is nothing the DWP can do.

As the decision had been made by an independent tribunal, that the law was applied correctly at that time. 

They informed me that the tribunal wouldn’t look at this decision again in regards to the LEAP legislation, because if the tribunal done this every time a new law came out, that they would have to constantly change awards/decisions.

So I think I’ve taken this as far as I possibly can and can’t see another way forward.

Thanks for all the help and advice.

xxgaynorxx

calcotti said:

ncor said: My current ‘planning a journey’ score is 10 points which means not being able to undertake any journey without it causing overwhelming psychological distress.

Given that you have been given points for descriptor 1(e) it doesn't appear likely there is anything to review - if this is correct. Psychological distress has been taken into account.

If descriptor 1(e) applies (Cannot undertake any journey because it would cause overwhelming psychological distress) then you cannot be eligible for descriptor 1(f) (Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid).

This is not exactly true. A lot of people scored 10 points (descriptor E) before the law was changed as descriptor F wasn’t worded right and therefore couldn’t be applied in the right way. 

chiarieds

How wasn't descriptor 1(f) worded right? This thread is about 'overwhelming psychological distress,' which the OP has scored the maximum 10 points for. It would appear to be a contradiction if 1(e) a person couldn't undertake any journey because it would cause overwhelming psychological distress, then 1(f) cannot also apply because you would not be able to follow a route even if you had another person with you, etc., as calcotti has said.

Please see: https://www.gov.uk/administrative-appeals-tribunal-decisions/mh-v-secretary-of-state-for-work-and-pensions-pip-2016-ukut-0531-aac

which says,

'.....where descriptor 1(e) was satisfied because the claimant needed to avoid overwhelming psychological distress by not undertaking any journey, the claimant would not undertake journeys so that the need for consideration of descriptor 1(f) owing to such severe anxiety on a journey would not arise....'

xxgaynorxx

I was awarded 1E for 10 years in 2015. I stated I get distressed (massive panic attacks) to the point of debilitation. I also stated I can go out with my son only. I also went to the face to face with my CPN. 

The assessor AND CPN were under the impression I wouldn’t be able to score F as it didn’t mention overwhelming psychological distress (at that time). The laws and assessment rules have changed since. And that descriptor E was more suitable. Maybe I’m wrong but I have been allowed LEAP team to look at my case again and am awaiting decision. 

xxgaynorxx

I also stated I struggle even going to my local shop which is on the next street. Diagnosis is EUPD,OCD,PTSD, and severe recurring depression (treatments resistant). Not that diagnosis matters to pip but I’m affected every single day. 

poppy123456

xxgaynorxx said:

I was awarded 1E for 10 years in 2015. I stated I get distressed (massive panic attacks) to the point of debilitation. I also stated I can go out with my son only. I also went to the face to face with my CPN. 

The assessor AND CPN were under the impression I wouldn’t be able to score F as it didn’t mention overwhelming psychological distress (at that time). The laws and assessment rules have changed since. And that descriptor E was more suitable. Maybe I’m wrong but I have been allowed LEAP team to look at my case again and am awaiting decision. 

According to this link they are only considering claims that had a decision on or after November 28th 2016. See link. https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

xxgaynorxx

Thankyou for the link. I have read it and yes appeal person 1 was denied. But like I stated it is down on my initial pip form and assessors report that I go out with my son so 1E wouldn’t apply (although it has been). Sorry I find it hard to put my explanation in writing). 

xxgaynorxx