Mandatory Reconsideration Query DLA to PIP

Toadlet

Yes, you should refer back to your previous DLA award but be aware, the PIP criteria is different from DLA and more strict, so whilst it is reasonable to argue that a Standard award of PIP Mobility should be made as there is some equivalence between DLA and PIP at this level, an Enhanced award will require you to show that your ability to reliably stand and move (walk) is more restricted than previously assessed.

Gordon

Hi Sue

The way DLA was awarded is different from how PIP 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.

Gary