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TOPIC: I really dont understand this PIP

I really dont understand this PIP 1 year 9 months ago #136289

I am so confused, I have been a member for a couple of years' and thanks' to the help of this forum my Son Michael whom I am the appointee for was awarded high rate DLA both care and mobility .Since the change over for PIP my Son went to the PIP medical with his Father as I was recovering from open heart surgery at the time or I would have accompanied him as I usually do for all his appointment's . According to his Father Michael sat with his head down and hardly looked at the Medical assessor let alone answer his questions his Father did his best but the outcome was Michael scored 2 for daily living and 4 for mobility. I asked for a reconsideration and said I would send in medical evidence .On the day I got the report from the Forensic psychologist I also got the letter from DWPD saying they have looked at the claim again and the decision remains' the same, They came to this BEFORE getting the additional information. I phoned them to say this and they said my next step is to appeal which I have done , this is being heard on the 24th July. What I don't understand is there reply to the court on how they made their they have changed the points scored to 13 for care and still 4 for mobility. I have spoken at length to the County council welfare adviser who can not understand why then they have still refused to allow him any award for PIP .

Sorry this is so long but I wanted to explain the situation right can anyone please tell me what's going on here please .

Susan
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I really dont understand this PIP 1 year 9 months ago #136293

  • Gordon
  • OFFLINE
  • Forum Moderator
ssusandobim

Are you saying that the assessment report says that your son should score 13 points for Daily Living but the Decision Maker has only awarded 2 points when they made the Decision?

If this is the case then the assessor only makes a recommendation, the DM is not bound by this but it would be unusual for them to disagree with the assessor on a medical matter, but they may disagree on the interpretation of the Descriptors.

Although you need to address these issues at the Tribunal your first task is to show that your son meets the criteria for an award, undoubtedly you will have include a lot of information in and with his PIP2 form, you need to look at this in light of the assessment report and the DM's comments to see where they have failed to agree with your view of your son's limitations and address those issues in your submission to the Tribunal.

Don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that h walked 50m, he did but they have failed to document that he had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

I really dont understand this PIP 1 year 9 months ago #136357

Thank you for the reply Gordon.
I'm sorry I did not make myself clear but don't usually write on forums and I'm a bit nervous.

What has happened is the result from the assessment report gave him 2 points for daily living and 4 for mobility, After they read the reports from the forensic psychiatrist which was 32 pages long and also a support letter from his community nurse the decision maker changed the score to 13 for daily living and 4 for mobility but it still has to go to appeal because there reply to the courts say's

Although the decision maker has suggested several changes to the descriptors for daily living , which would result in an award of Daily Living , at the standard rate,the decision has not been revised ,as an award at the enhanced rates of both components , cannot be made,as requested.

Should they consider an award is appropriate, the award can only be made from 01/04/2015 .
This is because Mr D was in receipt of disability Living Allowance up to and including 31/03/2015.

So what I don't get is the Decision maker has changed descriptors from 2 to 13 which should I believe put him on the enhanced rate for Daily living but at the end of the letter it states. .

Section 3: The decision under appeal.

Mr D is not entitled to personal independence payment.

I hope I have made myself clearer and you can advise what is going on.

Susan
The administrator has disabled public write access.

I really dont understand this PIP 1 year 9 months ago #136369

  • Gordon
  • OFFLINE
  • Forum Moderator
ssusandobim

Thanks for clarifying it. My confusion stemmed from the fact that this is not standard DWP policy, normally they would have applied the updated points for Daily Living and updated the current award, lapsing (cancelling) the appeal, you would need to have started the whole process again to get the Mobility uprated.

You should consider my advice in my previous post with the addition that you must deal with both the Daily Living Component and the Mobility one, even though the DWP have suggested that they would revise the points for DL you cannot assume that the Tribunal panel will agree.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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