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DLA to PIP query

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7 years 2 months ago #185854 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
I'm so confused.. this is what I read in the guide..

"This activity is about your ability to speak in a way that people will understand and also to understand what other people are saying to you. It is highly relevant to deaf people. It is also relevant to people who are not deaf but who have verbal communication difficulties due to their mental health, for example, stress, anxiety or schizophrenia."

If this is literally about the physical act of speech only then fair enough.. I can articulate and hear spoken words.. but may I suggest you make this point crystal clear in the guide for people like myself who take things extremely literally. I saw nothing in the PIP guidance to disabuse me of the notion that the following is applicable to autism as it mentions communication, and communicating difficulties is a core feature of ASD..

Needs communication support to be able to express or understand complex verbal information.

Why do they use the word 'communication' if they mean 'speech'? :unsure:

Likewise Q4.. I got stuck on 'nutrition', when it seems what they mean is 'food'? My GP says I have difficulty taking nutrition.. so I assumed applicable.. but apparently it has nothing to do with eating nutritionally it's whether you can swallow food.. so why do they use the word 'nutrition' then?

Just been round and round in circles with a case manager and I couldn't grasp their use of language at all.. got quite upset I'm afraid and now feeling quite unwell. I'm at a disadvantage interpreting and dealing with forms, guides etc I wish my GP could take care of it...

WRT going out, DWP made the decision to put my physical problems in that category..

Sorry to moan, I only want a fair appraisal but I don't know what that is. I thank you for your help will try and sleep on it..

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7 years 2 months ago #185869 by Gordon
Replied by Gordon on topic DLA to PIP query
TheDayToday

I'm not saying that someone with mental health or cognitive issues cannot score points for this activity but they would need to have a high level of disability in order for them to score.

There are two important definitions that set the standard required at a high level

“Basic verbal information” means information in your native language conveyed verbally in a simple sentence.

“Complex verbal information” means information in your native language conveyed verbally in either more than one sentence or one complicated sentence.

Acting against you is the fact that you attended an assessment and I presume were able to communicate adequately with the assessor.

They use the word "communicate" because the Descriptor covers hearing and speaking.

Now you need to be able to do these things reliably and on the majority of days, so if there were reasons why you did not have significant problems during the assessment interview then you should consider requesting an MR.

They use the word "nutrition" because people who are unable to eat or swallow and use a feeding tube do not eat food as you or I would know it, they take nutrition substitutes.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #185957 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query

Acting against you is the fact that you attended an assessment and I presume were able to communicate adequately with the assessor.

They use the word "communicate" because the Descriptor covers hearing and speaking.


The assessor presumed I communicated adequately. I was left ruminating and unsure about the experience.

It's not so much speaking or hearing* I have difficulty with, it's the bit between my ears. People who are higher functioning may appear "normal" but having problems with core processing.

*I forgot, I do have difficulty following a conversation in certain environments an example I gave in my assessment was a hard walled room where there's a lot of reflective sound and background chatter, this is overwhelming and though I may hear the words may not be able to assimilate them (sensory overload).

I actually put on my form I have problems with basic language, because I have problems with phrases like "How are you?". I know it might sound stupid but such questions are difficult for me to deal with and cause anguish.

Anyway I just don't know any more... I'm burned out dealing with processing the paperwork and it's making me unwell (and I have this ESA50 I need to complete in a few days!) I scored highly on the self test, but now I'm not sure what I should be receiving, or if I should contest the decision..

[The questions I'm asking are possibly symptomatic.. sorry, but I have no outside help, aside from your goodselves.. What I have seen from other sites is difficulties people with higher functioning autism have in being understood via PIP so much for parity of mental health vs physical disability eg community.autism.org.uk/discussions/heal...ter-just-refused-pip]

Oh.. and someone decided I could walk 200 metres most days, based the assessment, even though I only walked a few metres during the assessment to answer the door, and was sat down 95% of the time.. I'm dependent on my car, and I'm more often than not ill getting to the car and back...

I'm not sure I can cope any more I'm going to try calling around local ASD charities to see if anyone can help..

Sorry for going on.. Thank you as always..

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7 years 2 months ago #186026 by Gordon
Replied by Gordon on topic DLA to PIP query
TheDayToday

The simple fact is that those assessing you and making the initial Decision have a poor understanding of mental health issues and are prone to generalising and assumption.

Your chances are a lot better at appeal, although you will still need to demonstrate that you meet the Descriptors, but you cannot get to appeal without going through the MR process first.

I think you will have more difficulty with your Mobility, there is a clear division in the two Mobility activities between physical issues and non-physical and it will be the distance that you can reliably walk on the majority of days that will be considered.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheDayToday

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7 years 1 month ago #186897 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
I'm still wrestling with this I have a few days to consider MR.

My autism service and a local disability charity say it's absurd I was awarded 0 points for complex communication however I have been awarded something and I bear the risk of challenging a decision.

Perfectionism is symptomatic of Aspergers and right now I'm not thinking about the financial aspect I'm ruminating endlessly about whether the points have been awarded correctly.

On paper descriptors involve value judgements so I can't clearly determine what is right and wrong. I've looked at the statutory instruments relating to descriptors they don't help much, I presume it's governed by prevailing case law?

For example budgeting needs - I've a long history of cycling through family and friends borrowing and repaying money to avoid arrears, I'm ex bankrupt, have received financial assistance from charities including furniture and food. Do I have difficulty with complex budgeting? How long is a piece of string! The therapist (sigh) wrote in her report I can see how much things cost in shops and awarded 0 points. There are other descriptors I'm unsure about.

Anyway... apologies for 'rambling'.. Do you have any stats on people who have their awards demoted after MR? In my case DWP rubber stamped the assessors recommendation for points so they would have to go against the assessment really.

Also can I challenge the duration? I've been awarded 2 years, on the basis that I mentioned I'm coming to terms with my autism diagnosis. SO WHAT!! It's a lifelong disability and the problems I suffer are symptomatic of that and are not going to go away.

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7 years 1 month ago #186949 by Gordon
Replied by Gordon on topic DLA to PIP query
TheDayToday

I haven't seen any statistics for awards reduced at MR, we probably see one every six weeks or so, other sites slightly more frequently, perhaps every four weeks. It's important to understand that statistics apply to a group they have little applicability to the individual.

We haven;t seen anybody successfully challenge the length of an award when this was the only matter being contested but a small number of members have been able to extend the award at the same time as increasing it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheDayToday

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