PIP Supersession

jamiesnan

I was given standard rate care and standard rate mobility of pip in April this year after claiming it in November last year. My diagnosis and conditions have now worsened re my mobility. I have an advice agency helping me fill in the form for supersession where you get pip to look at your claim again and see if they can higher the mobility component for me and maybe the daily living as i got 11 points on that just 1 point short of the enhanced rate. My worry is that i will lose the whole award if i get pip to look at my claim again. I am not being greedy but if i get the enhanced rate i can then get a car which my daughter can drive me in as my mobility is now very poor. Has anyone been through this process and what was the outcome, did you need another assessment or did pip base their decision on paper based alone, i do not want to lose my benefit as i know i cannot work. I was also placed in the support group of ESA in May this year and have a copy of that report which states i struggled to walk 30 meters to the consultations room and had to stop several times along the corridor and use my friend for support, should i send that in with the new form. I do have a lot of letters from consultants, physio etc and have recently had to move to an adapted bungalow, i was in a house with stairs when i had my last assessment, will this go for or against me, i know that's a lot of questions but i would like to be forarmed with information before i decide to go ahead with the supersession as i have until October to tell them i have changed my mind about it and would like to stay the way i am. I was awarded pip unitl 2019. Thanks in advance. Sue

pmlindyloo

The descriptors for ESA and PIP are quite different.

If you have no problems with the 'planning a journey' activity then you are going to have to meet the criteria for the enhanced rate on just the moving around descriptor.

It is good that you have received some help with this as they are likely to be using the 'safely/reliably/repeatedly aspect with the descriptor.

You might like to read this link which gives a guide to assessors:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449043/pip-assessment-guide.pdf

page 120 onwards is about the moving around descriptor.

No one can definitely state that you will/will not/ receive what you wish for as we do not know you personally or how your disability affects you.

You need to be guided by your advisor and then make a decision.

rogerblack

pmlindyloo wrote: »

The descriptors for ESA and PIP are quite different.

True.
But.

and have a copy of that report which states i struggled to walk 30 meters to the consultations room and had to stop several times along the corridor and use my friend for support

This is directly relevant to 'can stand and move more than 1m but less than 20m, either aided or unaided'.

'stop several times' - it is questionable if that can be 'in a reasonable manner'. It's also very questionable how they could possibly manage 20m in twice the time a normal person of their age/sex/... takes.
Safely is also at issue - if they are at risk of falls, ...

Most people will do this in under 20 seconds.
Even if they are walking at a normal pace, the stops would have to be under 15 seconds or so in order to beat half the average pace.

Please note - I am very much not saying that this should be the only bit of evidence submitted.

http://www.rightsnet.org.uk/forums/viewthread/7658/P30/
refers to two cases of the upper tribunal that have looked at if 'finding your way' is entirely a mental exercise.
Broadly, one decision is yes, one is no.

In addition, apparantly tribunals are in some cases awarding benefit based on 'finding your way' not purely being a mental exercise.
The conflicting caselaw in this area means that either the DWP or a claimant will end up taking this back to the upper tribunal, where a decision can be made on which is the correct approach.

BlueEyedGirl

You can but try OP, it could go anyway but remember there is a good appeals service in place for PIP, even if it does take time.