upcoming PIP mobility tribunal based on MH ruling

merah95

Hi

I have a tribunal coming up for PIP mobility (planning and following journeys) due to the MH judgement. I originally had 4 points total for this mobility question (planning and following journeys).

 

The dwp after they looked at my claim again due to MH judgement, they wrote the following (… means I’ve withheld personal information)

 

My decision

MH v DWP tribunal judgement, this relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey. This change applies from 28 November 2016. The change in law affects those people who have severe anxiety but will go out most days as long as they are with another person. when they go out, they experience overwhelming psychological distress, and they are unable to manage the journey alone.

 

We looked again at your claim from … to…. In your PIP2 claim form dated … you said that you cannot follow any journey due to overwhelming psychological distress.

At your assessment on…whilst it is noted you attended alone …

The information you provided suggests that you have significant difficulty leaving your home most days. Although you sometimes go out the evidence indicates this is not on the majority of days. We are unable to make any changes to the original decision

 

My question to the forum is based on “overwhelming psychological distress” and ‘’if they could not undertake a journey at all.’’

 

I obviously went to my medical and the dwp and atos(or whoever) have used that as a marker for all journeys(remember I am challenging based on MH), but my main point at the tribunal is that I cannot undertake a journey at all which will be descriptor 1e which is 10 points and the standard rate of pip mobility.

So, my main question for the board is this, does MH account for “overwhelming psychological distress” with importantly ‘’if they could not undertake a journey at all.’’ Or does the MH judgement just account for “overwhelming psychological distress” with just the term ‘’they needed someone with them to follow the route of an unfamiliar journey’’

 

Because of the wording of my refusal letter from DWP including the judgement MH and the algorithm dwp use, it does not mention ‘’could not undertake a journey at all.’’, because of “overwhelming psychological distress”, instead my DWP refusal letter focuses entirely on ‘’they needed someone with them to follow the route of an unfamiliar journey’’

Just wondered if I’m being manipulated by the DWP and their algorithms as well as being dictated to regarding; but will go out most days as long as they are with another person. Rather than could not undertake a journey at all.

So is the MH judgement just for people ‘’but will go out most days as long as they are with another person’’

Thanks in advance.