Esa entitlement but credits only

calcotti

Claire1985smiley said: thank you for this it was good to know either way on UC entitlement. 

Obviously actual entitlement depends on your actual earnings each month, my earlier post has just used an arbitrary figure.

Claire1985smiley

it is an awful system he has Asperger's with a severe depressive and anxiety disorder which he is heavily medicated for, the only people he has been able to see since he became so ill last year is myself and his son (his son does not live with us), he doesn't go out, and has never managed cooking, cleaning etc without substantial help and they have given him a score of 13 points for care.  although it is the enhanced the scores are pathetic he got a score of 2 for mixing with people and didn't get anything for complex reading information at all. but if I complain about it someone new could come along and say no you don't get anything at all

poppy12345

Claire1985smiley said:

they have given him a score of 13 points for care.  although it is the enhanced the scores are pathetic

Scoring more points would not get him a higher award for the daily living part. Even at Tribunal, once you reach Enhanced they will not go any further, even if more points could be scored.

My daughter also has Autism and a learning disability but she didn't score any points for activity 8 reading and understanding signs and symbols. Scoring more points will not help a mobility award. Complaining would be a waste of time.

She also never goes out alone and will only go if someone is with her, infact she's almost 20 and has never ever been out alone, even to the corner shop. She scored 12 points for following and planning a journey.

Claire1985smiley

poppy12345 said:

Claire1985smiley said:

they have given him a score of 13 points for care.  although it is the enhanced the scores are pathetic

Scoring more points would not get him a higher award for the daily living part. Even at Tribunal, once you reach Enhanced they will not go any further, even if more points could be scored.

My daughter also has Autism and a learning disability but she didn't score any points for activity 8 reading and understanding signs and symbols. Scoring more points will not help a mobility award. Complaining would be a waste of time.

She also never goes out alone and will only go if someone is with her, infact she's almost 20 and has never ever been out alone, even to the corner shop. She scored 12 points for following and planning a journey.

I know the highest is enhanced but it's just the stupidness of some of the scores. I would like to challenge the mobility component but slightly worried they would in turn also relook at the enhanced care which if they did I would be arguing with very low scores were he should have got higher 

poppy12345

They do look at the whole award again but you can state that it's the mobility part you disagree with and that you're happy with the Enhanced daily living.

Alice_Holt

Re a late PIP appeal.
       A few things to consider.  Any decision will look at his conditions / abilities in June when the award was made.
The mobility descriptors you are likely to be disputing are:
 1. Planning and following journeys.
a. Can plan and follow the route of a journey unaided.  0 points.
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.  4 points.
c. Cannot plan the route of a journey.  8 points.
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.  10 points.
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.  10 points.
f.  Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.  12 points.

For an award, I think you would be looking at 1d, 1e, or 1f.
Would he suffer overwhelming psychological distress, be unable to work out where to go, follow directions, follow a journey safely or deal with minor unexpected changes in their journey when it is unfamiliar.
A claimant who suffers overwhelming psychological distress whilst on the unfamiliar journey and who needs to be accompanied to overcome the overwhelming psychological distress may satisfy descriptor 1d.
Could be manage public transport?

For 1e - This descriptor applies to claimants where undertaking any journey on the majority of days is not possible because of overwhelming psychological distress (OPD) even if they were accompanied. OPD means distress related to a mental health condition or intellectual or cognitive impairment resulting in a severe anxiety state in which the symptoms are so severe that the person cannot undertake a journey without being overwhelmed.

 1f  is similar to 1d, but applies where someone needs to be present on a familiar journey.  The descriptor refers to “a familiar journey” rather than “any familiar journey”. Accordingly, claimants can satisfy the descriptor by showing that they typically need to be accompanied by another person on the majority of days when undertaking familiar journeys due to overwhelming psychological distress.

If you think one of these apply, I would start by assembling the evidence (medical, family, carers, friends) - it is not worth appealing unless you have a strong chance of success.  You only want to revisit the award if there is a strong likelihood of increasing the award.
As has been said, the Daily Living award cannot be increased. 

Before launching a challenge, also check that the PIP 2 form you completed and any other information used to come to the decision do support a Mobility award. It is difficult (but not impossible) to argue at a tribunal for points that were not identified on the PIP form.  
You might want to get a copy of the assessment report to see if an argument can made against the mobility decision.
Were any points scored for the mobility component?   

Claire1985smiley

For an award, I think you would be looking at 1d, 1e, or 1f.

Would he suffer overwhelming psychological distress, be unable to work out where to go, follow directions, follow a journey safely or deal with minor unexpected changes in their journey when it is unfamiliar.
A claimant who suffers overwhelming psychological distress whilst on the unfamiliar journey and who needs to be accompanied to overcome the overwhelming psychological distress may satisfy descriptor 1d.
Could be manage public transport?

For 1e - This descriptor applies to claimants where undertaking any journey on the majority of days is not possible because of overwhelming psychological distress (OPD) even if they were accompanied. OPD means distress related to a mental health condition or intellectual or cognitive impairment resulting in a severe anxiety state in which the symptoms are so severe that the person cannot undertake a journey without being overwhelmed.

 1f  is similar to 1d, but applies where someone needs to be present on a familiar journey.  The descriptor refers to “a familiar journey” rather than “any familiar journey”. Accordingly, claimants can satisfy the descriptor by showing that they typically need to be accompanied by another person on the majority of days when undertaking familiar journeys due to overwhelming psychological distress.

If you think one of these apply, I would start by assembling the evidence (medical, family, carers, friends) - it is not worth appealing unless you have a strong chance of success.  You only want to revisit the award if there is a strong likelihood of increasing the award.
As has been said, the Daily Living award cannot be increased. 

Before launching a challenge, also check that the PIP 2 form you completed and any other information used to come to the decision do support a Mobility award. It is difficult (but not impossible) to argue at a tribunal for points that were not identified on the PIP form.  
You might want to get a copy of the assessment report to see if an argument can made against the mobility decision.
Were any points scored for the mobility component?   

on the majority of days his anxiety is so severe he cannot leave the house driving has always been a problem for him but since his condition worsened in april 2019 it has become much worse and he was advised not to drive when his mood is so bad as his suicide ideation increases and since driving requires so much concentration it is unsafe for him.  he was driving with me in the car and going straight through red lights etc. he cant use public transport and struggles even to sit with me in the car driving and him as a passenger. he gets really easily confused and disorientated which is apparently down to the condition but also the high dose mental health medication he is on which has been increased again since I first applied for this in Nov 2019. he wasn't scored any points for the mobility, the reason says I decided you can plan and follow the route of a journey unaided 

for the evidence I had sent was a copy of the Asperger's report and letters from doctors and social worker we had last year to confirm which confirm his anxiety, he doesn't have any family that he talks to and none of my family friends know him as he doesn't leave the house and we don't have anyone in the house 

poppy12345

My opinion is that 10 points for 1E would be possible here,  if he's unable to leave the house on the majority of days due to OPD. Providing that was how he was at the time the decision was made. The worsening of condition will not be taken into consideration.

Claire1985smiley

Yeah he was like this since I filled out the pip form on how his disability affects him  in Nov 2019 that is exactly what I have written on the form and his condition has further worsened again since then 

poppy12345

Whether you choose to request the MR followed by Tribunal is your decision, no one else can make that. As advised any worsening of condition will not be taken into consideration by DWP or Tribunal.

If it gets to Tribunal at the moment only the most extreme cases are being heard face to face. Telephone hearings have replaced them, if a decision can't be made on paper. Whether this will still be the case when you receive the hearing date i have no idea. Waiting times for hearings since Covid have decreased drastically and the average waiting time is about 5-7 months.