Help with PIP re Planning And Following A Journey

St.Exmin

My nerve condition/pain and mobility in my left foot  has got worse, and over the past two years there have been enough changes that I applied for a higher rate. One part of the form asks about planning and following a journey. I wrote that I am now afraid of all journeys, except ONE - the familiar one to my chemists, 3 minutes away, or to the GP surgery which is directly next door. Both have disabled bays.

My fear is that on a longer or unfamiliar journey, if my car was to break down, or be involved in a crash, I would be stranded from the safety of my home, and panic about how I would get home. Or that I would get a severe pain attack while driving. This causes 'overwhelming distress' and I never take these journeys. I should add, PIP did not examine me face to face, call me, or contact my doctor, they just decided I could 'plan and follow a route of a journey unaided. Yes - one journey, the same one, once or twice a week All other journeys, no. I will not take them due t the fears and distress I have.

I am now submitting a Mandatory Reconsideration Notice, concentrating on this decision and one other. Are they in the wrong? How best to make my point? Thank you.

D

poppy12345

Do you currently have a mobility award? If so, where exactly did you score those points?

Alice_Holt

I think you might struggle to persuade a tribunal on that point, as it's so closely interlinked with your physical disability (and understandable concerns about your limitations due to those physical problems).

Did your form describe any other difficulties with the PIP activities on the grounds of anxiety or mental health - e.g mixing with others, prompting required with DL activities ?
Are you taking medication or treatment for anxiety?

What PIP award have you got, and what descriptors and points did you score?

The use of a car is only one aspect of this descriptor, the ability to use public transport is also considered.
I also wonder if concerns about a "break down, or be involved in a crash" would be viewed by a tribunal as a minor unexpected change / occurrence. Could adaptions to the car (hand controls) prevent the likelihood of "a  severe pain attack while driving"

Note that: 

'This descriptor ... is most likely to apply to claimants with cognitive, sensory or developmental impairments, or a mental health condition that results in overwhelming psychological distress, who cannot, due to their impairment, 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.'

It has been held in case law that  -

'The capacity of 'using public transport' must be read in context as relating back to some form of cognitive impairment or mental health condition' 

St.Exmin

Yes I currently have the standard mobility award (can walk up to 50 metres). I scored 10 for moving around, 0 points for planning a journey (these scores remain the same on my recent decision). I also told them I can now only walk up to 20 metres, but this was dismissed. I will be accompanying my Mandatory with a letter from my doctor regarding the change in how far I can walk.

Alice_Holt

If you now can't reliably and repeatedly cover more than 20m, and can evidence that - then that (IMO) is the clear case to put to a tribunal.

Unless you have 'some form of cognitive impairment or mental health condition', which has been outlined in your PIP form / reflected in your DL award; I wouldn't run the planning a journey argument.  It may just muddy the waters at tribunal.

St.Exmin

Thanks, I'm inlined to agree

TELLIT01

You are able to plan and follow directions for a journey as you have explained so there seems little hope of getting the score changed on that specific descriptor.  Are there others which refer specifically to panic attacks or similar if you attempt other unfamiliar journeys?

peteuk

How does your MH affect you?  Can you follow directions eg a diversion? Can you ask a stranger for directions (even if its only to a bus stop?