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pip and mental health and movement

Postby jeff3 » Mon Jan 15, 2018 6:57 am

Just before Christmas claimant RF won a vital high court challenge against changes to the law relating to PIP mobility. However, the victory could still be overturned on appeal, meaning there has not been any change to the way PIP is awarded yet and there is another case know as MH which could also have an effect.

Background
Early in 2017 an upper tribunal of three judges clarified the law relating to ‘Going out’ in a way that was favourable to claimants who become very distressed when attempting to plan and follow journeys.

Amongst other things, the tribunal decided that claimants who need help with familiar routes because of overwhelming psychological distress could be eligible for the enhanced mobility component.

However, the government almost immediately changed the law in an attempt to reverse this decision.

They also appealed against the decision, in a case known as MH, which is likely to be heard in June 2018.

The change in the law consisted of adding the words ‘For reasons other than psychological distress,’ to three descriptors

The aim of the DWP was to ensure that claimants who have difficulties with following journeys because of psychological distress are less likely to get an award of PIP on those grounds.

The RF case
On 21 December 2017 the changes to the legislation were found to be unlawful by the high court in a judgement known as RF.

The high court found that the changes discriminated against people with certain disabilities, in breach of the Human Rights Act. The court also found that the government broke the law by not consulting on the changes first.

The DWP can seek to appeal against this decision and we should find out fairly soon whether they have been given leave to appeal.

Until leave to appeal has either been refused, or the appeal has been granted and heard, the law will stay as it is currently and claimants with mental health conditions will continue to be discriminated against.

The MH case
However, matters are further complicated by the fact that, as explained above, the DWP have appealed against the original upper tribunal decision that prompted the DWP to change the law. That case is known as MH

If the DWP win the appeal in MH then it will no longer make any difference whether they lose RF or not.

In other words, things will not improve for claimants unless the DWP lose both the appeals in MH and in RF. If they win either then the law continues to discriminate against some claimants with mental health conditions.

On the bright side
There is a positive side, however.

The high court came down very strongly in support of the claimant in RF. So, even if the DWP do manage to get an appeal heard there is a strong chance they will lose RF again.

Meanwhile, the arguments relating to discrimination in MH are very similar to the ones in RF, so there is a good chance that the DWP will fail in their attempt to overturn the upper tribunal decision.

So, there is a real possibility that claimants will win both cases.

But, the complexity of the legal situation, and the option of further appeals to even higher courts, does mean that the law may not change for a long time yet.

Lodging your own appeal
In the meantime, if you lose out as a result of the changes to the law, then it would definitely be worth seeking advice about appealing the decision.

It is likely that any appeal on these grounds will be put on hold until the current legal mess is untangled, but if the claimants succeed in both cases then your appeal will eventually be heard.

There’s more information about the changes to the law in our guide to claiming PIP in the members area.

https://www.benefitsandwork.co.uk/news/3704-pip-mobility-and-psychological-distress-update
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Re: pip and mental health and movement

Postby SmokeyBandit » Mon Jan 15, 2018 7:41 am

Cheers for this jeff3.

It looks like I will have to appeal the latest decision by the DWP in my award for PIP. I have been granted the Daily living, standard rate award, which I learnt from looking at my bank account earlier this morn. Still awaiting the confirmation letter.

I'm not sure if I should though. I do not wish to rock the boat and chance it. There are times I will get overwhelmingly psychologicaly distressed when confrounting some people. I fear being attacked becouse of my actions towards people. I will stand up and speak my mind, no matter what. Although I am big enough to look out for my self. It is the fear of being arressted due to my actions that concern me. Plus. I'm getting on in life, and not as agile as I once were.

Think I need to speak to CAB again and see what they think.
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Re: pip and mental health and movement

Postby Tobias » Mon Jan 15, 2018 4:13 pm

I'm hoping these rulings are upheld before they start my PIP transfer, I'm not sure I could face another lengthy appeal battle.
This bunch of facists and the idiots that keep voting them in make me sick :hairout:
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Re: pip and mental health and movement

Postby jeff3 » Mon Jan 15, 2018 9:26 pm

what what hay the pair of you go for it sb why leave them get away with it. t I was told dla life well till 70 but they took me off dal and fought for pip well how can they fix the d thing ones got hmm don't leave them get to you fight has iv stated before if you taking it all away I want free board and lodge 3meals a day no gas no electric bills or rates just throw that brick through their window 880 pounds or there about to keep one locked up that make their eyes water if enough did this
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Re: pip and mental health and movement

Postby SmokeyBandit » Tue Jan 16, 2018 1:28 am

I'm waiting on the confirmation letter. I can not act on assumptions.

See where I am in all of this. Till I have written notification from DWP. There simply isn't much I can do.

It's all a game. As it always has been.

jeff3 wrote:what what hay the pair of you go for it sb why leave them get away with it. t I was told dla life well till 70 but they took me off dal and fought for pip well how can they fix the d thing ones got hmm don't leave them get to you fight has iv stated before if you taking it all away I want free board and lodge 3meals a day no gas no electric bills or rates just throw that brick through their window 880 pounds or there about to keep one locked up that make their eyes water if enough did this


It was never my intention, nor my will, to let them get away with it jeff3. & still feel the same.

Tobias wrote:I'm hoping these rulings are upheld before they start my PIP transfer, I'm not sure I could face another lengthy appeal battle.
This bunch of facists and the idiots that keep voting them in make me sick :hairout:


As history say;s T. 'Rome wasn't built in a day' People are waking up. But only slowly.

I can not say. HOPE. Because, in some cases. HOPE can be evil. There are two sides to hope folks.

The RED pill or the BLUE pill. YOU CHOOSE.
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Re: pip and mental health and movement

Postby jeff3 » Sat Jan 27, 2018 8:30 am

with this devil one must fight back she been taught by that other devil
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Re: pip and mental health and movement

Postby Tobias » Sat Jan 27, 2018 2:44 pm

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Re: pip and mental health and movement

Postby jeff3 » Sun Jan 28, 2018 7:20 am

the only trouble with this is these highly trained hcp who will not take any notice of this carrying on with their orders 2 out of tan to pass through
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Re: pip and mental health and movement

Postby Tobias » Mon Jan 29, 2018 5:43 pm

Tory government will reconsider 1.6MILLION disability benefit claims after offering higher payments in huge U-turn :oyes:

https://www.mirror.co.uk/news/politics/tory-government-reconsider-16million-disability-11934556
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Re: pip and mental health and movement

Postby SmokeyBandit » Tue Jan 30, 2018 7:12 am

Here is hoping they do get the right payment sorted, sooner rather than later. Time will tell, in which of us will get the proper rates we all deserve.
;-)
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Re: pip and mental health and movement

Postby Tobias » Tue Jan 30, 2018 4:34 pm

jeff3 wrote:the only trouble with this is these highly trained hcp who will not take any notice of this carrying on with their orders 2 out of tan to pass through

I foresee a lot of these so called 'HCP's' (Honesty Challenged People, yes I could say worse lol) leaving the profit making organisations at a higher rate than normal due to having to be re-trained (yet again) putting the both ESA & PIP tests in jeopardy. :pray2:
I think both tests should be scrapped and revert to the in-house examinations that were done honestly and not ideologically.
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Re: pip and mental health and movement

Postby SmokeyBandit » Tue Jan 30, 2018 4:46 pm

Tobias wrote:I think both tests should be scrapped and revert to the in-house examinations that were done honestly and not ideologically.


Hear, hear Tobius. Spot on the nail with that idea. :oyes: Life was so much easier back in the day it was done by REAL Medical experts. People that knew what they were doing.
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Re: pip and mental health and movement

Postby jeff3 » Tue Jan 30, 2018 8:26 pm

all those waiting well if ones nows that these devils don't like paying out and waiting and waiting and waiting will carry on u unless you are one of those few who they Bragg about how they went out of their way to fill their pockets with pennies from heaven oh dear
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Re: pip and mental health and movement

Postby jeff3 » Tue Jan 30, 2018 8:39 pm

Disability activists and others have raised concerns that the government will be reassessing all 1.6 million PIP (Personal Independence Payment) claimants – a process expected to take around four years to complete – as a result of Esther McVey’s concession of a court judgment that the Dept of Work and Pensions (DWP) was unfairly discriminating against claimants with mental health issues.

As not all claimants have mental health issues and some claimants are already on the maximum award and therefore cannot have been short-changed, there were fears that the reassessment might be used to downgrade the awards of some claimants, as the DWP tries to cut the cost of some claims to offset the increases that will have to be granted to others.
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