Pip result

Hi Sue

Sorry to hear about the loss of your car, unfortunately you are not alone and we have received many posts from forum members put in the same position.

Have a look at our PIP MR & Appeal guide for details of the process.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

The way DLA was awarded is different from how PIP is. You need to make sure that whatever is included is relevant to the PIP criteria and you need to say why it is.

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.

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.

Gary

Hi Sue

I have checked the Motability web site and can find no age restrictions: www.motability.co.uk/about/check-your-eligibility/, if you are successful in your MR or Appeal and get the enhanced Mobility component then you should be eligible, it states on Mobility web site 'You may be eligible to join the Scheme if you have at least 12 months remaining on your higher rate mobility allowance'.

Gary

MR H

I'm not aware of any changes is it possible that this is being confused with the fact that a new Mobility award cannot be made for DLA or PIP once the claimant has reached 65 or State Retirement Age, whichever is the higher and as a consequence, a claimant would not be able to join the Motability scheme.

Gordon