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Mark8699 said: Help me to understand. I don’t want to get done for fraud or anything.
Hi @Mark8699
The consciousness during waking moments descriptor is relevant to work capability assessments it is not a PIP descriptor. However, the fact that you have seizures or are at risk of seizures is relevant to your PIP claim and you are right to describe how they impact on how you they affect the way you carry out your daily living and mobility activities.
The assessors report only make recommendations to the decision maker and so poppy is right that you should try not to worry too much about what the report says for now. Just because the assessor may, for whatever reason disagree with your evidence, that certainly doesn’t mean that you are doing anything wrong. If the decision you get from the decision maker isn’t what you hoped for then then challenge that decision by asking for a mandatory reconsideration.
When you get the DWP decision the decision maker must show that they are satisfied that you can complete an activity reliably and for the majority of the time. Furthermore, to complete an activity reliably you should only be treated as being able to complete an activity if all four of the reliability factors are met – that the activity can be completed safely, to a reasonable standard, in a reasonable time period and repeatedly. Even if the risk of a seizure is remote you should not necessarily be treated as being able to carry out an activity and the risk of harm must be more likely than not. If the constant risk of seizures impacts on you even if the last one was some time ago you should explain whether you need someone to accompany you when you go out and whether you rely on them to help you if you did have a seizure.
Your local Citizens advice or other advice service should be able to help you with a mandatory reconsideration.
Sue_Scope said: Hi @Mark8699The consciousness during waking moments descriptor is relevant to work capability assessments it is not a PIP descriptor. However, the fact that you have seizures or are at risk of seizures is relevant to your PIP claim and you are right to describe how they impact on how you they affect the way you carry out your daily living and mobility activities.The assessors report only make recommendations to the decision maker and so poppy is right that you should try not to worry too much about what the report says for now. Just because the assessor may, for whatever reason disagree with your evidence, that certainly doesn’t mean that you are doing anything wrong. If the decision you get from the decision maker isn’t what you hoped for then then challenge that decision by asking for a mandatory reconsideration.When you get the DWP decision the decision maker must show that they are satisfied that you can complete an activity reliably and for the majority of the time. Furthermore, to complete an activity reliably you should only be treated as being able to complete an activity if all four of the reliability factors are met – that the activity can be completed safely, to a reasonable standard, in a reasonable time period and repeatedly. Even if the risk of a seizure is remote you should not necessarily be treated as being able to carry out an activity and the risk of harm must be more likely than not. If the constant risk of seizures impacts on you even if the last one was some time ago you should explain whether you need someone to accompany you when you go out and whether you rely on them to help you if you did have a seizure.Your local Citizens advice or other advice service should be able to help you with a mandatory reconsideration.
Mark8699 said: Which makes me wonder why didn’t I score 12 points rather than 10 which is cannot undertake any journey due to overwhelming psychological distress.
poppy123456 said: Mark8699 said: Which makes me wonder why didn’t I score 12 points rather than 10 which is cannot undertake any journey due to overwhelming psychological distress. This was explained to you in another thread. If you can't undertake any journey the majority of the time then this will score under acitivity 1E. (10 points) A claimant who satisfies 1E cannot also satisfy 1F. If they cannot undertake a single journey on the majority of days due to overwhelming psychological distress, then 1E will be the applicable descriptor, even if there are occasions when they could follow a familiar route, if accompanied.
The value must be greater than or equal to 1.
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