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Key PIP mobility judgment issued

13 July 2015

An important legal judgment has been issued that may lead to the award of the PIP mobility component to disabled people, with conditions such as depression, panic attacks or anxiety, who have problems planning and following a journey

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.

This decision, if used, also applies a more severe test for anyone, with mental health conditions, whose DLA award is being transferred to PIP. This could mean that they could lose their mobility component.

So what do you do?

If you are challenging a PIP decision and are arguing that you need to be accompanied on a journey because of a mental health condition, ask your appeal tribunal to follow the ruling in CSPIP/109/2015.

You should also use this decision if you have been transferred from DLA and have lost your DLA lower rate mobility component because your mental health needs have not been taken into account when planning and following a journey.

For your appeal you will need to provide a copy of the decision, which you can download here. We have also provided a link to the other decision and summaries of both decisions.