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.
