Supersession mobility

Hi xxgaynorxx

I assume that you are refering to the recent UTT decision re the change made in march 2017

If this is the case then you do not need to do anything as the DWP are reviewing all claims affected. This is an enormous task and will take some time.

CR

Looking at what you have said 11E does not seem to have been applied correctly.
If the assessor has accepted that you go out but only with your son then 11E cannot apply as this refers to not being able to go out at all.
This would then leave a choice of 11D or 11F
I agree with you that if the only way you can leave your house on any journey is when you are accompanied then 11F should be the correct descriptor

I would suggest that CAB might be your best bet

CR

xxgaynorxx,

The DWP have said they'll look at all claims where psychological distress should have resulted in more points in the mobility component. They've said they'll go back to November 2016, although arguably that's wrong and they should go back further. But even though your claim is older, it should still get reviewed. And you may have an argument that the case law (called MH) only clarified the law, it didn't change it. That would mean you should get any extra PIP going back to the beginning of your claim.

I don't think there's any way of speeding up the review process the DWP are carrying out, but it is worth getting advice about asking for a revision based on an error of law & arguing that it should go back further than November 2016.

There is case law (MH, the same case which led to the change in the law which was then itself found to be unlawful in another case) about when 11e or 11f should apply. That says that 1e applies if you can't follow a journey at all (even with another person). But you go out with your son, and can only do so with him, so it does seem 1f should apply. 

Will