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pip assessment
- Andrew
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9 years 2 weeks ago #133848 by Andrew
pip assessment was created by Andrew
Hi there, I am trying to get some information together to help my partner with his reconsideration. He is also waiting to hear from Welfare Rights.
On the PIP application form, my partner referred to how his condition affects him when he has chronic, bad and better days. The assessment decision (from the letter received by the DWP only took into account the better days and in turn he scored zero points for almost all of the questions. He explained during his assessment that his bad days are about 60% of the time (inc in this 60% is 15% of chronic days) and 40% are better days. On the PIP application Andrew explained that he had bad days the majority of the time. During the assessment, the assessor asked what percentage of the time in a day or week would I have bad days. He explained that because it fluctuates so much he would only be able to give an approximate figure for a six month period of 60% (bad days), 15% of which include chronic days. I am going to challenge their decision because I am sure I have read somewhere that if Andrew is unable to do something the majority of time (over a 12 month period) then they need to base their reasoning for their decision ( of each question ) based on a bad day. I would be grateful if you could provide me with a link to a Government/DWP rule that states this because I dont know where to look for it.
Thanks for all your valued support.
Julie.
On the PIP application form, my partner referred to how his condition affects him when he has chronic, bad and better days. The assessment decision (from the letter received by the DWP only took into account the better days and in turn he scored zero points for almost all of the questions. He explained during his assessment that his bad days are about 60% of the time (inc in this 60% is 15% of chronic days) and 40% are better days. On the PIP application Andrew explained that he had bad days the majority of the time. During the assessment, the assessor asked what percentage of the time in a day or week would I have bad days. He explained that because it fluctuates so much he would only be able to give an approximate figure for a six month period of 60% (bad days), 15% of which include chronic days. I am going to challenge their decision because I am sure I have read somewhere that if Andrew is unable to do something the majority of time (over a 12 month period) then they need to base their reasoning for their decision ( of each question ) based on a bad day. I would be grateful if you could provide me with a link to a Government/DWP rule that states this because I dont know where to look for it.
Thanks for all your valued support.
Julie.
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- Gordon
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9 years 2 weeks ago #133856 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip assessment
Andrew
PIP does require Decisions to be based on the majority of days, but you need to see how the assessor reported this in their report to identify the best strategy for tackling this.
Unfortunately, whilst this should be black and white, the assessor and the Decision maker may have looked at how credible your partners statements were, if they believed that there was some "flexibility" in the numbers then they may still have been able to construct a set of circumstances where they believed the majority of the time rule did not apply.
Gordon
PIP does require Decisions to be based on the majority of days, but you need to see how the assessor reported this in their report to identify the best strategy for tackling this.
Unfortunately, whilst this should be black and white, the assessor and the Decision maker may have looked at how credible your partners statements were, if they believed that there was some "flexibility" in the numbers then they may still have been able to construct a set of circumstances where they believed the majority of the time rule did not apply.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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