DLA to PIP assessment

lolau

Whilst DMs tend to follow the recommendation of the assessor they are not required to and can add or subtract points as they see fit, so a Daily Living award is still possible.

Gordon

Hi lolau22

There is always a risk in deciding to ask for a Mandatory Reconsideration. An MR and an appeal re-make the original Decision so it is possible for there to be a reduction in your current award or even it's removal, it doesn't happen very often, but it does happen.

PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Referring to any more recent evidence you have is more useful.

It is not always necessary to provide new evidence for an MR if you are happy that the evidence that you have already provided explains your limitations adequately.

You can challenge the assessor's comments, you might also want to check the distance, Google Maps or the equivalent may help, 60m is a long way even in a large building.

Also, have a look at the following;

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

www.benefitsandwork.co.uk/help-for-claimants/pip

For each activity you need to explain what you can, how you are limited and why.

Gary

Hi iloau22

Many congratulations on overturning the original decision and getting your enhanced mobility back. Great to hear.

Regarding the amount of money, this is something we cannot answer because it depends on the type of car you have. Only Motability can furnish you with this information.

BIS

Tags: @RESULTS @PIP @MR