- Posts: 57
× Members
PIP and 11b and 11e
- bbzpda
- Topic Author
- Offline
Less More
10 years 7 months ago - 10 years 7 months ago #125658 by bbzpda
PIP and 11b and 11e was created by bbzpda
I have been turned down for PIP by DWP following my request for a Mandatory Reconsideration.
I suffer agoraphobia and find it very difficult, but not totally impossible, to leave the house.
On the Mobility section I was awarded the 11b descriptor with the statement:
"You need prompting from another person to undertake a journey to avoid distress"
Instead of 11e, which reads:
"Cannot undertake any journey"
Earlier in the week I took advice from Citizens Advice Bureau and we are going to appeal and go to the Tribunal.
I was told that at the moment 40% of cases of PIP at Tribunal are being passed, so it is a near 50:50 chance of successful outcome.
My main complaint is that they have applied a descriptor that talks about "being prompted". I do not need to be prompted by another person in order to go out. I need to be having a good day and take anti-anxiety medication and be undertaking a short, local journey to somewhere familiar.
The DWP seem to be claiming that "any journey" means just that i.e. only the totally housebound agoraphobia will get PIP.
My plan is to challenge this at Tribunal.
All advice gratefully received!
I suffer agoraphobia and find it very difficult, but not totally impossible, to leave the house.
On the Mobility section I was awarded the 11b descriptor with the statement:
"You need prompting from another person to undertake a journey to avoid distress"
Instead of 11e, which reads:
"Cannot undertake any journey"
Earlier in the week I took advice from Citizens Advice Bureau and we are going to appeal and go to the Tribunal.
I was told that at the moment 40% of cases of PIP at Tribunal are being passed, so it is a near 50:50 chance of successful outcome.
My main complaint is that they have applied a descriptor that talks about "being prompted". I do not need to be prompted by another person in order to go out. I need to be having a good day and take anti-anxiety medication and be undertaking a short, local journey to somewhere familiar.
The DWP seem to be claiming that "any journey" means just that i.e. only the totally housebound agoraphobia will get PIP.
My plan is to challenge this at Tribunal.
All advice gratefully received!
Last edit: 10 years 7 months ago by .
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
10 years 7 months ago #125666 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and 11b and 11e
PDA
Whilst the average success rate for benefit appeals is about 40%, very few PIP appeals have so far been held and there are no official statistics on the results yet.
If you are looking to meet the criteria for 11E you will need to show you
It should be possible to argue that "cannot" does not mean never but you will need to show that you are restricted for most of the time, this would be significantly more than the majority of the time, you may want to have a look at the use of the relaibly for this.
However, you will also need to show that the when restricted that this is due to "overwhelming psychological distress", from you post this is not obvious, so you may want to think anbout how you can prove that this is the case.
Gordon
Whilst the average success rate for benefit appeals is about 40%, very few PIP appeals have so far been held and there are no official statistics on the results yet.
If you are looking to meet the criteria for 11E you will need to show you
Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.
It should be possible to argue that "cannot" does not mean never but you will need to show that you are restricted for most of the time, this would be significantly more than the majority of the time, you may want to have a look at the use of the relaibly for this.
However, you will also need to show that the when restricted that this is due to "overwhelming psychological distress", from you post this is not obvious, so you may want to think anbout how you can prove that this is the case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David