- Posts: 2
× Members
Mobility decision advice
- CeeMarie
- Topic Author
- Offline
Less More
1 week 1 day ago #302542 by CeeMarie
Mobility decision advice was created by CeeMarie
Hello, I claimed PIP for my 16 year old autistic son, we have been awarded enhanced for daily living, but only standard rate for mobility. The decision letter states 'I have therefore decided that you cannot undertake any journey because it would cause you overwhelming psychological distress', although this is not correct as my son can make journeys as long as I am with him, I am guessing that he was awarded standard as at the time of the assessment my son was only leaving the house to visit a friend twice a week, so this is not the majority of days, however since then he has started at a specialist education centre and attends twice a week, this tips him over to the majority. I am on the last week of my mandatory consideration period and I wanted to ask, if under these circumstances, I have a right to a mandatory reconsideration or would i be submitting some sort of change in circumstance?
Thanks in advance
Thanks in advance
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1477
1 week 1 day ago #302586 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Mobility decision advice
Hi CeeMarie,
I'm not totally sure that I understand your post. At present your son has standard rate mobility due to having overwhelming psychological distress. I presume this is under descriptor 1e. 10 points.
However, if I understand correctly you think this might be incorrect as he actually needs to be accompanied when going out? But, following the decision, your son is attending college so is presumably going out more, and on his own.
You can still qualify as having OPD if you go out, as essential journeys may still be done, especially if only on a few days. Moreover, if you still experience OPD on these journeys then of course this is simply evidence you experience this for the majority of days or perhaps all days!
Remember also, that just because your son can do some journeys, he may not be able to do all journeys to the required standard and several times a day if needed.
If you son can usually make familiar journeys to a reliable standard, but needs to be accompanied in unfamiliar journeys to ensure he is safe, makes his destination, and in a timely and fairly hassle free manner, without panicking etc then he still scores 10 points. - 1d still standard rate. Your sin will only score 12 points if he needs to be accompanied on familiar journeys. This may be difficult to argue on the evidence you have provided Furthermore, if a change if circumstances has happened after the time of the decision, then you would have to apply for a supersession. This is a revision of benefit, but would only take place at the change of circs rather than from the date of the original decision, which woykd be the case if you applied for a Mandatory Reconsideration.
I hope this helps.
LL26
I'm not totally sure that I understand your post. At present your son has standard rate mobility due to having overwhelming psychological distress. I presume this is under descriptor 1e. 10 points.
However, if I understand correctly you think this might be incorrect as he actually needs to be accompanied when going out? But, following the decision, your son is attending college so is presumably going out more, and on his own.
You can still qualify as having OPD if you go out, as essential journeys may still be done, especially if only on a few days. Moreover, if you still experience OPD on these journeys then of course this is simply evidence you experience this for the majority of days or perhaps all days!
Remember also, that just because your son can do some journeys, he may not be able to do all journeys to the required standard and several times a day if needed.
If you son can usually make familiar journeys to a reliable standard, but needs to be accompanied in unfamiliar journeys to ensure he is safe, makes his destination, and in a timely and fairly hassle free manner, without panicking etc then he still scores 10 points. - 1d still standard rate. Your sin will only score 12 points if he needs to be accompanied on familiar journeys. This may be difficult to argue on the evidence you have provided Furthermore, if a change if circumstances has happened after the time of the decision, then you would have to apply for a supersession. This is a revision of benefit, but would only take place at the change of circs rather than from the date of the original decision, which woykd be the case if you applied for a Mandatory Reconsideration.
I hope this helps.
LL26
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.
- CeeMarie
- Topic Author
- Offline
Less More
- Posts: 2
1 week 1 day ago #302587 by CeeMarie
Replied by CeeMarie on topic Mobility decision advice
Hi, thank you for responding, sorry I didn't explain it very well, my son cannot go anywhere alone, he puts himself in harms way due to overwhelm, he will flee and hide in unsafe places. He cannot make familiar or unfamiliar journeys on his own ever. He was awarded standard mobility, 10 points. as the decision maker said he couldn't undertake any journeys, but they completely ignored that he can make journeys, but i need to be with him to keep him safe.
As he only got awarded 10 points, I wondered if it was because, at the time of the assessment, my son was only going out twice per week to see his friend and that they maybe didn't think that was enough to consider that he needed support going out the majority of time. I don't know whether decisions are is based on what is happening in his life at the time, or on actual need of needing help to go out. Anyway, since the assessment he has started at an education hub, for one-to-one low demand education. I attend with him.
So, i suppose my question is, as my son needs me to make journeys both familiar and unfamiliar, is 10 points the correct award?
Under these circumstances, should I be applying for a mandatory reconsideration, or a change of circumstances as he now leaves the house more and so needs more support to go out?
I hope that makes more sense!
As he only got awarded 10 points, I wondered if it was because, at the time of the assessment, my son was only going out twice per week to see his friend and that they maybe didn't think that was enough to consider that he needed support going out the majority of time. I don't know whether decisions are is based on what is happening in his life at the time, or on actual need of needing help to go out. Anyway, since the assessment he has started at an education hub, for one-to-one low demand education. I attend with him.
So, i suppose my question is, as my son needs me to make journeys both familiar and unfamiliar, is 10 points the correct award?
Under these circumstances, should I be applying for a mandatory reconsideration, or a change of circumstances as he now leaves the house more and so needs more support to go out?
I hope that makes more sense!
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
6 days 7 hours ago #302719 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mobility decision advice
Hi CeeMarie
We cannot answer your question as we do not know your son and how his condition affects him.
Have you applied for a copy of the assessors report called a PA4, that would be the first place I would start from.
I would also seek advice from your local Welfare Rights Organisation; advicelocal.uk, they will be able to take all your sons circumstances into consideration when giving advice.
Gary
We cannot answer your question as we do not know your son and how his condition affects him.
Have you applied for a copy of the assessors report called a PA4, that would be the first place I would start from.
I would also seek advice from your local Welfare Rights Organisation; advicelocal.uk, they will be able to take all your sons circumstances into consideration when giving advice.
Gary
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