PIP planning and following a journey

carmind wrote: Some time ago you gave a news item that the DWP had instructed Capita/ATOS to only award points for mental health in the activity, planning and following journeys, for 11B and not the other categories in this activity.
Can you re-direct me to this this info? Have there been any appeals on this?
I'm representing someone on this point next week. Help would be appreciated!!

It is clear that the PIP Going Out Descriptor is primarily aimed at claimants suffering from Mental Health issues that stop or restrict their ability to go out. however, the Descriptor is also intended to cover claimants who have severe sight problems so it certainly cannot be viewed as being exclusively for MH claimants

The DWP issued guidance does imply (excepting blindness) that it is for MH problems but it is important to note that the Descriptor defined in the legislation makes no such comment(see below).

That said, reading the sub-Descriptors it would be difficult to see anybody scoring points for (b), (c) and (e) if they did not have an MH problem, this leaves only (d) and (f) as potentially scoring points for other reasons. The problem here is that being high scoring (10 and 12 points respectively), the burden of proof required to meet there requirement is already very high, so you would be effectively fighting two battles, showing that the claimant has sufficient limitation to meet the Descriptor and that those limitations are actually applicable.

At this time we have only seen a handful of PIP Tribunals decided and we are at least six months away from any Case Law that the might result from a UTT Decision.

Gordon

mb wrote: Hi
When i had my assessment,the address asked if i can travel on the bus i answered no but she didnt ask why and went on to the next question,i can travel on the bus but not by myself i would only go with someone else because i get disorintated easily which makes me really anxious and causes distress.i am waiting for CBT.this is why i want to speak to DM,would this be the evidence i need to write about,if i go for a MR.as i only got 4 points for mobility.

Part of the test (but not all of it) is the claimants ability to use public Transport, so yes you should mention this when you speak to the DM or you can include this in your request for an MR.

If you have not done so already you should request a copy of the assessment report, this will give you an idea of how the assessor reported your "no".

Gordon