PIP results. Great, but am I entitled to more..?

Grusinskaya

Hi there, first time poster here

In October I started my claim for PIP based on mental health grounds of severe social anxiety and depression. A lot happened in the meantime, namely my fiance of 13 years taking his own life. The DWP gave me a couple of extensions for my form deadline and crippled with anxiety and dread I managed to get it off by the deadline of 30th December. I filled it in by myself with the help of free online guides from Rethink and Citizen's Advice, also providing plenty of evidence. I was fully prepared for a fight to get any kind of claim.

On Saturday a letter arrived, telling me I'd been awarded the enhanced daily living component for PIP for 5 years. No face to face assessment necessary. Obviously I was beyond surprised and delighted and don't wish to rock the boat etc etc... however they only awarded me 4 points for mobility when I believe I should have been awarded the enhanced rate due to not leaving the house or make a journey without being accompanied by my parents. Do I ask for a mandatory reconsideration and risk losing the whole lot? And possibly having to attend a medical? I'm stuck. Without wishing to sound greedy, I believe I am am entitled to the mobility component as I really do not leave the house by myself except once in a blue moon when it's dark to the local shop for emergency cat food and then with bad anxiety. Using public transport is completely beyond me. Should I ask for a breakdown of their decision?

Thank you!

antrobus

Grusinskaya wrote: »

... Without wishing to sound greedy, I believe I am am entitled to the mobility component ...

Consult the PIP descriptors;
https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

Grusinskaya wrote: »

....as I really do not leave the house by myself except once in a blue moon when it's dark to the local shop for emergency cat food and then with bad anxiety. ...

There are two Mobility Activities;

Clearly you "can stand and then move more than 200 metres,
either aided or unaided" so you will be awarded 0 points under the Moving around activity. You would need to be able to get at least 8 points under the Planning and following journeys activity, which would mean being able to demonstrate that you at least 'Cannot plan the route of a journey', in order to qualify for the standard rate.

Grusinskaya wrote: »

... Using public transport is completely beyond me. Should I ask for a breakdown of their decision? ...

Doesn't the award letter provide that information?

Grusinskaya

There are two Mobility Activities;

Clearly you "can stand and then move more than 200 metres,
either aided or unaided" so you will be awarded 0 points under the Moving around activity. You would need to be able to get at least 8 points under the Planning and following journeys activity, which would mean being able to demonstrate that you at least 'Cannot plan the route of a journey', in order to qualify for the standard rate.



Doesn't the award letter provide that information?

The letter doesn't, no. It just says I was awarded 4 points for the mobility component, 'needs prompting from another person to undertake a journey to avoid causing significant mental distress'. I'd clearly stated that unless accompanied I can't plan or make a journey by myself.

Grusinskaya

Without wanting to get too descriptive, my fiance's suicide involved a train. Understandably I am now somewhat fearful of using public transport, but even before that happened i couldn't use a bus or train due to anxiety. I get my groceries delivered. I only go out if mum, or both parents accompany me due to severe anxiety.

Tommo1980

To be honest you were lucky to get the award you did without a f2f, and for 5 years!

Do you also claim ESA? You MAY be entitled to the severe disability premium.

http://www.entitledto.co.uk/help/severe-disability-premium

Tom

antrobus

Grusinskaya wrote: »

The letter doesn't, no. It just says I was awarded 4 points for the mobility component, 'needs prompting from another person to undertake a journey to avoid causing significant mental distress'....

You should have received a statement with the PIP award that sets out what points you were awarded for each descriptor. If you haven't got one, you should contact DWP. You can also request a copy of the HCP report.

Grusinskaya wrote: »

.. I'd clearly stated that unless accompanied I can't plan or make a journey by myself.

You have also clearly stated here that you can plan and perform a journey to a "local shop for emergency cat food", which doesn't really tally. But given that this causes you "bad anxiety" it does tally with the points you were awarded.

If you want to challenge that decision, you need to go through the process of mandatory reconsideration, follwed (probably) by an appeal to a tribunal. But you will likely need more than a 'belief', i.e. some evidence to swing it in your favour.

w06

What you've said they said to you is their explanation for that descriptor, they don't go into lots of detail in their award letters.

I'd agree with antrobus, your description fits with 4 points

Alice_Holt

Have a look at:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

Carefully go through the Mobility activities (Planning and following journeys) to check if an additional points should have been awarded to bring you to 8 points. This would give you the Standard award.
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

For more info on the interpretation of the descriptors look at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf (pages 126 to 134).

If this applies -
Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.

"Applies to claimants who cannot undertake any journey on the
majority of days, even with prompting or assistance, owing to
overwhelming psychological distress.
‘Prompting’ means reminding, encouraging or explaining by another
person. ‘Prompting’ can take place either before or during a journey.
‘Any journey’ means any single journey on the majority of days.
‘Overwhelming psychological distress’ means distress related to an
enduring mental health condition or intellectual or cognitive
impairment which results in a severe anxiety state in which the
symptoms are so severe that the person is unable to function.
This descriptor is likely to apply to claimants with severe mental
health conditions (typically severe agoraphobia or panic disorder) or
cognitive impairments (typically a person with dementia who may
become very agitated and distressed when leaving home to the
extent that journeys outside the home can no longer be made either
at all, or on the majority of days).
If the claimant cannot go out even with prompting on most days, so
despite encouragement or support, they still fail to make any journey
on most days then this descriptor will apply.
For example, a claimant who only manages to go out once a week
to the 24hour supermarket at 2am. They choose this time because it
is quiet and they do not usually see anyone they know there. The
rest of the week they remain at home due to their agoraphobia and
anxiety. They have friends and family visit them at home, but even
with encouragement and offers of support, the claimant is too
anxious to go out at any other time during the week. Therefore, on
the majority of days, they cannot make any journey even with
prompting."

- Then 10 points would be appropriate, rather than 4 (which would give you a standard Mobility award - c.£22pw).

Be aware that your entire award will be reviewed. Points could be reduced, so your current DL award could be reduced.

I would suggest you only consider an appeal, if you think you can make a persuasive case at tribunal for the Mobility award, and can get relevant medical evidence to back this up,
How do you think you would be able to cope at appeal?

May be worth getting advice from an advice agency (e.g. CAB).
Note that your current DL PIP award may entitle you to a disability premium on certain benefits (i.e Income Based ESA, Housing Benefit).

Robbie64

It's very difficult to get 8 points under the mobility descriptors for PIP for help with getting around due to anxiety etc. The usual score is 4 points, which is what you have got.

You can ask for a Mandatory Reconsideration but you do risk all your PIP award being looked at, though it's not usual this would happen. However you would need to show that your ability to plan a journey is virtually impossible due to your mental health problems. Unless you think you fall into the category where this would apply, 4 points is most likely the maximum you will get.

I would suggest you contact the CAB if you believe you should have been given 8 points and get advice from them before you send in a MR request.

eadieb

Just to elaborate on the risks of asking for a mandatory reconsideration for PIP decision. I work for an advice agency on a project that specialises on disability benefits, taking them through from mandatory reconsideration to tribunal representation. I have noticed a trend over the last few months for people in a similar situation to you, who have done the MR due to loss of the mobility component on transfer from DLA to PIP. And frequently the decision maker then removes the Daily Living award as well, on the reconsideration. The claimant then has months of waiting for their tribunal with their mobility car gone plus their PIP daily living gone as well. this can then impact on the whole households other benefits. It seems to be a much more real risk of losing everything when you challenge with a mandatory reconsideration on PIP. However on balance, our project reports about a 70% success rate of decisions being overturned at tribunal. So it is a case of weighing the impact of losing vs the gain and whether you are prepared to fight the case through to tribunal.

Even if you have been awarded PIP for a length of time, you can expect to have to fill in a review form in 12 months time.

nova_dee

Can i ask a question please.

In PIP, the mobility activities has 2 activities Planning a journey and moving around.

Do you need to have 10 points for each to get enhanced rate or a score of 10 for one activity is enough...

thanks and sorry if my question sounds daft.