Descriptor 15 ESA

Preparing a submission for an appeal.I think I am having a particularly stupid day today and a mental block on this, so be patient..lol
Client suffers from anxiety and depression, trying to argue 15(b), however client states that she sometimes goes to the local shop-just round corner from her house-but she has to “psych herself up” to do it and this is infrequent. She goes there and straight back. Any other time she has to go to appointments, her dad takes her. Anything that states that 15(b) has to apply all the time?

Been doing PIP appeal and think I am getting confused with repeatedly , reliably, blah blah.

Can only find confusing case law on this, and using 15(c) as my back up plan-she would still get the requisite number of points.

see reg34(2):

(2) A descriptor applies to a claimant if that descriptor applies to the claimant for
the majority of the time or, as the case may be, on the majority of the occasions on
which the claimant undertakes or attempts to undertake the activity described by that
descriptor.

Are there occasions where she tries to get to the shop (or other familiar locations) but is unable to? How often do these occur?

tbidmead - 06 August 2014 10:57 AM

see reg34(2):

(2) A descriptor applies to a claimant if that descriptor applies to the claimant for
the majority of the time or, as the case may be, on the majority of the occasions on
which the claimant undertakes or attempts to undertake the activity described by that
descriptor.

Are there occasions where she tries to get to the shop (or other familiar locations) but is unable to? How often do these occur?

She only very occasionally goes to the shop on her own,  and on other occasions she opens the front door, sees people and goes back in again as she cant face it,and yes she actually cancels appointments if she cannot face going out that day.

I am completely having a stupid day, cos reg 34(2) went straight out my head!

Thanks