Hi everyone, I am currently awaiting my PIP appeal after going through DLA to PIP transition and losing my award. Could anyone shed some more light on the 'majority of time' rule it is my understanding from guidance on here and others I have read that if something/descriptor was to apply once during the day it would be classed as applying for the rest of the day.
It depends on the activity and the circumstances. Two examples;
Someone who suffers severe pain in the morning and before their pain medication takes effect should be able to successful argue that this would prevent them washing and bathing and dressing and undressing as these are activities that would reasonably be expect to be carried out after getting up.
However, the same argument is unlikely to hold true for preparing food where the DWP can argue that there is no reason why a suitable meal could not be cooked in the afternoon or evening when their pain is under control. Obviously, if there are other reasons why they could not cook later in the day then this may allow then to score points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
