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TOPIC: Re-assessment DLA to PIP

Re-assessment DLA to PIP 1 year 9 months ago #135994

Hello
My DLA claim has finally been reassessed for PIP - has only taken 6 months!
Thank you for your guides, they were a great help in filling out the forms etc.

Anyway - I was on LRC and HRM. LRC was mainly because I am unable to cook. (At the time I did think I was eligible for MRC, but couldn't face appealing it.)
The PIP reassessment has me on Standard DL and Enhanced Mob.
On the PIP2 form I set out that I felt I would be eligible for enhanced for both components and set out why.
For PIP, I have been awarded 10 points for Daily Living and 16 for Mobility, so have only just missed out on Enhanced daily living by 2 points.
Having read your excellent guide on appeals, I am now thinking carefully about whether I want to appeal / MR this decision.
The main reason is that I have only been awarded 2 points for cooking food - ie that I need an aid or appliance to assist me to cook.
DLA lower rate care was awarded 2 years ago as it was accepted that I do not cook. My situation has not changed since then, and I said so in my PIP2 form.
If they accept that I do not cook, then as you know, I would be awarded 8 points rather than 2 and would qualify for enhanced daily living.
I also think I should have scored 2 points on needing help with taking medication - as my husband said clearly to the HCP that he has to remind me to take the vitamins I have been prescribed by my GP - although we buy them OTC rather than get repeat prescriptions as the ones we can buy are better.

I have now phoned to ask for a copy of the HCP report. I also understand the 1 month cut off for requesting a M/R from DWP.

Sorry for the ramble - but my questions are:
1. Have you come across this situation before - whereby someone got DLA LRC for "passing" the cooking test, and then only gets 2 points for the cooking descriptor under PIP?
2. Does this sound like a viable argument to use with the DWP in asking them to award additional points for daily living? It was them who decided that I could not cook for the DLA claim.
3. In your experience, if I tell the DWP that I am not disputing anything else, are they likely to leave the other points already awarded alone?

ALSO - my award letter also flummoxed me with the date of review (2020) exactly a year ahead of the scheduled end date of the award (2021), but also stating they would contact me 14 weeks before the end date of the award.
I understand that Steve is looking for evidence of this - in due course, I would be pleased to understand why the DWP are doing this too. I know you will keep us posted on this one!
Many thanks.
MissPink.
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Re-assessment DLA to PIP 1 year 9 months ago #135999

  • Gordon
  • OFFLINE
  • Forum Moderator
Miss Pink

I don't think that you can make the assumption that someone who qualified for DLA LRC due to their being unable to cook would of necessity meet the requirements for the PIP Descriptor 1(f)
f. Cannot prepare and cook food.

There are several problems with this strategy, firstly DLA was very much a yes/no approach to assessment, whereas PIP takes a graduated approach based on severity of problem that the claimant has

Secondly, there were two basic criteria for meeting the DLA cooking test. Either

- you cannot plan, prepare and cook a meal,or
- due to memory or concentration problems you are unable to do so.

Your argument would only hold if you met the first criteria.

Lastly DLA considered tasks that PIP does not, for example; PIP restricts cooking to the hob and limits any associated activities to waist height. PIP also allows usage of a microwave where this was specifically excluded by DLA and DWP guidance suggest that activities such as carrying pots and pans, etc. should not be considered as part of the test.

I'm afraid if you are to score the extra points for an Enhanced award you are going to have to show that you meet the specific PIP criteria.

To answer your specific questions.

1. No we have not seen this argument used.

2. See my comments above.

3. They may but it cannot be guaranteed, we have had today a post from another member where the points from the unappealed component were reduced during the Mandatory Reconsideration.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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