Pip - Planning and following journeys

Muttleythefrog

teddysmum said:

My 19 year-old grandson's case is that he could get lost and panic on what seems to be a familiar route, but he is taken to and returned from college by taxi and my husband transports him to and from annual work experience, but otherwise he doesn't want to go out, liking peace at home with younger siblings with parents, or goes with family when he chooses not to be alone. He has taken to walking the recently adopted family dog, near to home, some days. However, he does qualify for the higher mobility rate, even though he doesn't want to make solo journeys, whatever the location.

Yeah this sounds like a clearer cut case of (Mobility Activity 1) F applying and E not applying - they choose not to go out very often but could (overwhelming distress does not typically prevent), however without support of another person cannot reliably follow the route of a familiar journey (get lost or suffer panic).

Sortingmyselfout2024

My daughter gets the enhanced rate for both , her mobility is reasonable but she can not plan/ take a journey alone .she simply doesn’t have the capacity to do it . 

I think maybe that’s the main criteria for the enhanced rate . 

williewonder

I qualified for high rate PIP mobility as when I'm psychotic and paranoid which can happen anytime I get aggressive and confrontational to the general public and in these times will need my support staff to accompany to places. Thats what my supported living manager wrote and I got awarded it.

Crazydennie

Had the result of the MR today and DWP have disallowed her claim and are basically saying she has no issues.  We called today as we noticed the PIP payment for tomorrow had been reversed in her bank account and we now have to wait for the letter to outline their reasons.  Always knew it was a risk but will appeal as soon as we get the letter.

HillStreetBlues

Sorry to hear that, good luck with the appeal.

Muttleythefrog

Crazydennie said:

Had the result of the MR today and DWP have disallowed her claim and are basically saying she has no issues.  We called today as we noticed the PIP payment for tomorrow had been reversed in her bank account and we now have to wait for the letter to outline their reasons.  Always knew it was a risk but will appeal as soon as we get the letter.

Wow.... sorry to hear this...MRs usually result in same outcome.. rarely worse.. sometimes better...em

Risks of this are normally very very low.... but I was concerned that this could be one such case where they were significant. It's a second time on here I've seen where arguing for descriptor Mobility 1F when 1E has been awarded that you could end up arguing against the award as you will argue 1E doesn't apply most of the time one way or another. In the other case again it was an intermediary here on MSE and the claimant was adamant they would argue for 1F at an appeal tribunal (although in their case it was very clear 1E would be applicable and not 1F)... they ended up being considered unbelievable and lost their entire award (including enhanced daily living if I recall correctly). Tragically similar has happened here.

Since the award is lost (as I understand it.. no DL award) then appealing carries no risk at all.... so yes go for it.. and hopefully they will conclude 1E or 1F. Obviously if there are any other activities where disablement is relevant then make a case too. Any additional evidence that is relevant to get into the process obviously include too.

So yes wait for their decision letter... then probably appeal online. I'm not sure on strategy at the tribunal (plus appeal submission) because you may have an assessment report giving 1E (was there an assessment?) which would be in evidence if it exists. If there is not an absolute determination to go for broke and argue Mob 1F I might be tempted to suggest taking a line that 1E or 1F applies but you don't know which (because it is somewhat confused by your availability to support) and when challenging the decision to award 1E you were shocked they decided neither 1E or 1F applied. That may give the tribunal licence to really dig into the facts and take a line that you.. or rather the claimant.. are trying to be honest and just want the correct award. It's a little messy given you may end up sort of arguing that the DWP was initially right...albeit possibly not explicitly. Others have more experience of appeals and may have advice... it's a bit of an unusual one. (Also in the back of my mind is me wondering if this could be one of those cases where the DWP make an offer after the appeal is lodged). Good luck!

kkkklinky

It was my sister that lost her entire PIP award after appealing that 1F applied instead of 1E. The difference is that my sister's award was fraudulent from the start(although I didn't know it at the time) and she contradicted previous things she said which ended her award. Sounds like the OP should be getting 1F from the descriptions and posts above.

Crazydennie

Had the MR letter through and points for mixing with others(4) have remained but all points for following a journey have been removed.  No reason given for the removal of the points. We have an appointment with welfare rights to sort the appeal.

Crazydennie

So the appeal has been lodged but DWP have missed the deadline for responding.  Today my daughter got a call from the PIP case manager but she missed the call. This has happened to me previously so I know an offer is pending.  we did call back at the end of the day but the case manager is now off until Tuesday.  What is the chance that they offer the same standard mobility award that we went to MR against?

Spoonie_Turtle

Crazydennie said:

So the appeal has been lodged but DWP have missed the deadline for responding.  Today my daughter got a call from the PIP case manager but she missed the call. This has happened to me previously so I know an offer is pending.  we did call back at the end of the day but the case manager is now off until Tuesday.  What is the chance that they offer the same standard mobility award that we went to MR against?

Presumably the standard award is already in payment so I can't see any reason they'd need to contact you if nothing had changed and they weren't actually properly considering the case.