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False Account of Assessment
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5 years 1 week ago #247440 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic False Account of Assessment
Hi Christine27
You will not see your post until it has been approved by a moderator, who come on at certain times during the day. I have approved both your posts as they are slightly different.
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.
As BIS has stated earlier understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Keep safe
Gary
You will not see your post until it has been approved by a moderator, who come on at certain times during the day. I have approved both your posts as they are slightly different.
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.
As BIS has stated earlier understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Keep safe
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 1 week ago #247470 by Christine
Replied by Christine on topic False Account of Assessment
Many thanks Gary. I followed the B&W guidelines very closely when completing the form and understood the new criteria, etc. I believe I should have scored 12 points for several of the care activities but my overall score for care is 9. E.G. I am unable to prepare or cook food at all. I am unable to wash or bathe without help from another person and I am unable to dress or undress without help from another person. This applies every day. I have said so on the form and at the assessment. But the decision says "You get aches in your body but you report being able to wash your whole body and can use a bath seat and raised toilet seat." I have never said I can wash any part of my body and I fail to see what being helped to sit on a bath board or a raised toilet seat proves - even though you say PIP treats aids as an indication of disability and in general they score extra points. This seems to have lost me points! The more I read this decision the more I am convinced that they were desperately looking for a reason to at least cut the award. It bears no relation to giving me the help I need - as their letter professes to want to do! The whole process is a total farce.
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