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5 years 1 day ago #247634 by siobhan corr
PIP was created by siobhan corr
I have just been awarded Standard rate on PIP (mobility component) and am seeking a Mandatory Review as I have had Higher Rate Mobility all my life. Can anyone give any advice please? Plus, any observations regarding gathering further evidence since NHS (certainly GP's) are not willing to write any reports etc during the current Corona Virus epidemic. What can I expect of the phone review? Thanks

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5 years 1 day ago #247639 by Gary
Replied by Gary on topic PIP
Hi siobhan corr

I have answered a previous post of your with a similar question.

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.

We have seen a few posts on phone reviews on this forum, quite a few seem quite positive. I am not aware of any stats on the matter.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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