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- PIP2: reliably and majority - please clarify
PIP2: reliably and majority - please clarify
- Batmanthedog
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1. I understand the importance of the term "reliably" and this is an important consideration for my condition. If I feel I cannot do an activity reliably, should I be explicit and actually use the terms "reliably, safely, repeatedly" etc in my answer, or should I just give the detailed description of how I cope and hope that they deduce that I cannot do it reliably?
2. I have read that a descriptor needs to apply for the "majority of the time" in order for the points to be awarded. Can you clarify this for me: does it mean that it has to apply at some point in the day, on the majority of days (ie at some point in the day for at least four days a week), or does the descriptor literally have to apply for over 12 hours of the day, every day?
The reason I ask is because I get very bad periods on a daily basis, where I can do practically nothing, but not for over 12 hours of the day generally.
It think that I have read that if a descriptor applies for even just a small part of a day, but it is more than momentary and does cause some disruption, then it counts for that day as a whole. In which case. the word "majority" would mean that we were looking simply at how many days a week (or weeks a month) those days occurred. However, I keep coming back to this and am worrying that I have misunderstood.
Sorry for the long ramble. I hope you can make sense of what I am trying to ask.
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- Gordon
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Welcome to the forum.
To answer your questions.
1. Never assume that the assessor or the Decision Maker will deduce anything, you need to spell it out in detail, also, you need to explain why you are limited, so as an example; if your walking is limited and you say that having walked 50m you are unable to walk this distance again then you also need to explain why this is the case.
You also need to repeat this information wherever it is required, so again as an example; if you had problems with dexterity then this is something that might affect your ability to perform the Preparing Food activity and the Dressing and Undressing one (there may be others), you need to explain that problem for both activities.
2. Section 2.6.31 of the DWP guidance for PIP assessments states.
2.6.31. In general, HPs should record function over an average year for conditions that fluctuate over months, per week for conditions that fluctuate by the day, and by the day for conditions that vary over a day. Information about variability is important in assessing the functional effects of the claimant’s condition that apply on the majority of days (bearing in mind that advice will need to consider the impact of conditions over a year-long period). A "snapshot" view of the claimant's condition on a particular day at a particular time is not an adequate assessment.
But it's important to understand that that the majority of time is still the majority of the time, the only relaxation of this would be if looking at days, then it is reasonable to argue that this does not have to be 24 hours, that it only applies to the part of the day when the activity would be performed e.g. waking rather than sleeping.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Batmanthedog
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