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pip mobility
- jan
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9 years 9 months ago #137972 by jan
pip mobility was created by jan
Iv just seen on disability rights
The upper tribunal appeal decision, CSPIP/109/2015, allows that where someone is so prone to anxiety they need prompting in order to undertake any journey, to avoid overwhelming psychological distress, they may qualify for one of the planning and following a journey PIP mobility components.
But there’s a snag when you use this case in your own appeals. Appeal tribunals are entitled to consider all related upper tribunal appeal decisions and there’s another decision which considers help to overcome anxiety as irrelevant to planning and following a journey. That upper tribunal appeal decision, UK/622/2015, says only help in navigating a journey counts.
- See more at: www.disabilityrightsuk.org/news/2015/jul...sthash.4g5QZJzV.dpuf
The upper tribunal appeal decision, CSPIP/109/2015, allows that where someone is so prone to anxiety they need prompting in order to undertake any journey, to avoid overwhelming psychological distress, they may qualify for one of the planning and following a journey PIP mobility components.
But there’s a snag when you use this case in your own appeals. Appeal tribunals are entitled to consider all related upper tribunal appeal decisions and there’s another decision which considers help to overcome anxiety as irrelevant to planning and following a journey. That upper tribunal appeal decision, UK/622/2015, says only help in navigating a journey counts.
- See more at: www.disabilityrightsuk.org/news/2015/jul...sthash.4g5QZJzV.dpuf
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- Gordon
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9 years 9 months ago #137990 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip mobility
Jan
Thanks for making us aware of this, we have been looking at UK/622/2015 for about a week to see whether we need to update the PIP guide.
Gordon
Thanks for making us aware of this, we have been looking at UK/622/2015 for about a week to see whether we need to update the PIP guide.
Gordon
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- Bill24chev
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9 years 9 months ago #137993 by Bill24chev
Replied by Bill24chev on topic pip mobility
Although the two decisions seem at odds with each other I think 622/2015 implies that if you need assistance at the start of a journey 11d and 11f descriptors both apply. My reasoning being if you cant start the journey without assistance you can not carry out the journey.
iibelieve 109/2015 confirms what a number of FTT decisions have said that the Advice to Decision Makers is wrong and you don't need a prescribed Mental Health/Learning Disability/Cognitive Disorder to meet 11d and 11f
iibelieve 109/2015 confirms what a number of FTT decisions have said that the Advice to Decision Makers is wrong and you don't need a prescribed Mental Health/Learning Disability/Cognitive Disorder to meet 11d and 11f
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- Gordon
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9 years 9 months ago #138004 by Gordon
I am afraid I think you are wrong with your summation of UTT Decision 622/2015, the Judge supports the DWP view that the assistance required is for navigation purposes only, it does not support the view that the assistance is related to the problems that the claimant might have with starting the journey or completing it due to issues such as agoraphobia or social anxiety.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip mobility
Bill24chev wrote: Although the two decisions seem at odds with each other I think 622/2015 implies that if you need assistance at the start of a journey 11d and 11f descriptors both apply. My reasoning being if you cant start the journey without assistance you can not carry out the journey.
iibelieve 109/2015 confirms what a number of FTT decisions have said that the Advice to Decision Makers is wrong and you don't need a prescribed Mental Health/Learning Disability/Cognitive Disorder to meet 11d and 11f
I am afraid I think you are wrong with your summation of UTT Decision 622/2015, the Judge supports the DWP view that the assistance required is for navigation purposes only, it does not support the view that the assistance is related to the problems that the claimant might have with starting the journey or completing it due to issues such as agoraphobia or social anxiety.
Gordon
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- Bill24chev
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9 years 9 months ago #138040 by Bill24chev
Replied by Bill24chev on topic pip mobility
Gordon
I have looked at decision again and you are of course right.
bill
I have looked at decision again and you are of course right.
bill
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