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Change of circumstances
- dan123
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5 months 3 weeks ago #291730 by dan123
Change of circumstances was created by dan123
Hi all and a big thankyou to the mods for all you do,
So applied for PIP and got 6 points DL and 10 points MOB. Did an MR which came back the same and am going to appeal on several of the DL points I was not awarded. But that's by the by.
I was awarded 10 points for MOB based on "Cannot undertake any journey because it would cause overwhelming distress". This is due to my Agoraphobia and was also one of many reasons I was also awarded LCWRA. However my circumstances have now changed and on average a couple of days a week I feel able with social support to go for a short walk or sometimes even to the local shop with a family member. The majority of the time/days though I still cannot do this. I can only do it a couple times a week when I am feeling ok.
My questions are,
1)Does the 'majority of days' rule apply to this descriptor? I ask this because the descriptor is "cannot undertaking ANY journey etc"
2)If the 'majority of days' rule does apply to this descriptor then do I even need to report this as a change of circumstances?
3) If i do need to report this as a change how likely do you think it is that they will take this PIP award away from me?
4)If I do need need to report this how likely do you think it is that I will lose my UC LCWRA bearing in mind it was one of many reasons I was awarded LCWRA?
Thanks in advance
Dan
So applied for PIP and got 6 points DL and 10 points MOB. Did an MR which came back the same and am going to appeal on several of the DL points I was not awarded. But that's by the by.
I was awarded 10 points for MOB based on "Cannot undertake any journey because it would cause overwhelming distress". This is due to my Agoraphobia and was also one of many reasons I was also awarded LCWRA. However my circumstances have now changed and on average a couple of days a week I feel able with social support to go for a short walk or sometimes even to the local shop with a family member. The majority of the time/days though I still cannot do this. I can only do it a couple times a week when I am feeling ok.
My questions are,
1)Does the 'majority of days' rule apply to this descriptor? I ask this because the descriptor is "cannot undertaking ANY journey etc"
2)If the 'majority of days' rule does apply to this descriptor then do I even need to report this as a change of circumstances?
3) If i do need to report this as a change how likely do you think it is that they will take this PIP award away from me?
4)If I do need need to report this how likely do you think it is that I will lose my UC LCWRA bearing in mind it was one of many reasons I was awarded LCWRA?
Thanks in advance
Dan
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- Catherine
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5 months 3 weeks ago #291764 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Change of circumstances
Hello dan123
This is an interesting one, since like much of life it is not black or white.
Your undertaking with the DWP is to report any change in circumstances. That has to be said up front and taken seriously.
I think the first thing I would ask is is this change established as a new pattern. If you are applying for PIP you have to have had the problems for 3 months before they will consider it. I would say that the same sort of guideline could well apply here. Are you just having a few really good days and you might slip back or more hopefully have you had a real breakthrough.
Now curiously, if you can now follow the route of a familiar journey with someone supporting you are might be entitled to 12 mobility points rather than the 10.
1. My understanding is that the 'majority of days' applies across the board, even when the schedule includes words like 'ANY'. However the inclusion of that word I would suggest that means that you should be looking at the vast majority of days rather than 51%. BUT that is only my opinion. And please see the disclaimer at the bottom of this post!
2. See above for my notes regarding whether on not you should report the change.
3. It might increase your Mobility Award, although you might possibly find you lose points on 'engaging with other people face to face'. You are the best judge of that.
4. My personal view is that a couple of supported walks every week does not enable you to engage in trips to the Job Centre, but clearly the less difficulties you experience the more likely a Work Capability Assessment would decide that you could undertake some work related activites. This is one on which you really should seek personal advice from an local agency.
I hope this helps a little,
Catherine
This is an interesting one, since like much of life it is not black or white.
Your undertaking with the DWP is to report any change in circumstances. That has to be said up front and taken seriously.
I think the first thing I would ask is is this change established as a new pattern. If you are applying for PIP you have to have had the problems for 3 months before they will consider it. I would say that the same sort of guideline could well apply here. Are you just having a few really good days and you might slip back or more hopefully have you had a real breakthrough.
Now curiously, if you can now follow the route of a familiar journey with someone supporting you are might be entitled to 12 mobility points rather than the 10.
1. My understanding is that the 'majority of days' applies across the board, even when the schedule includes words like 'ANY'. However the inclusion of that word I would suggest that means that you should be looking at the vast majority of days rather than 51%. BUT that is only my opinion. And please see the disclaimer at the bottom of this post!
2. See above for my notes regarding whether on not you should report the change.
3. It might increase your Mobility Award, although you might possibly find you lose points on 'engaging with other people face to face'. You are the best judge of that.
4. My personal view is that a couple of supported walks every week does not enable you to engage in trips to the Job Centre, but clearly the less difficulties you experience the more likely a Work Capability Assessment would decide that you could undertake some work related activites. This is one on which you really should seek personal advice from an local agency.
I hope this helps a little,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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