Video concerning PIP and Hidden Disability

Hi sara

I answered your previous post but this post has a bit more details. The first thing you need to get hold of is the assessors report called a PA4.

Have you made an Appeal yet or are you at the Mandatory Reconsideration stage? If you are at the MR stage then you need to get a copy of the assessors report called a PA4 to see how the assessor has assessed the claimant. To get hold of a copy you need to contact the DWP and ask for a copy. Once you have a copy go through it with a high lighter highlighting any errors or omissions. If you are at the Appeal stage then the claimant should be sent a bundle of documents, inside the bundle of documents you will find the assessors report called PA4.

Even at this stage you can send in supporting documents to help the claimant, make sure you send any new supporting documents to the HMCTS and not DWP, include the claimants name and NI number.

As stated in my other post, have a look at our PIP Claim guide for a better understanding of the criteria that the person you are supporting will need to meet.

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

PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.

Read about the reliability element in the guide - if you cannot do something:

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.

then you should not be considered able to do the activity.

If you have any further questions, then please return to the forum.

Gary

Hi Sara,

I note that you are considering putting in a new claim for your friend. You need to be aware that if you do this the current claim awaiting tribunal will become what's called a 'closed claim'. This means that if you succeed at tribunal, F will only be awarded from date of claim (or renewal) until date of new claim. In my experience, having 2 claims running at the same time is a recipe for trouble. DWP won't understand what's going on, and there could be a whole heap of trouble in store. (But it could work!)

Has F's condition significantly worsened since his initial claim? If not, then the tribunal can make an award that reflects past and present needs. If F's condition has become worse, then a second claim could be made, as this would reflect the new difficulties he has. However, remember that whilst F's condition may have changed, this may not necessarily give rise to any more points under PIP.

As you no doubt know, points are awarded because you can not do the various activities. Therefore,eg if F already has 3 points for needing someone to help him in/out of the bath, even though it is much more difficult for him now, and he needs more help, he can only receive the same amount of points since this is the maximum he will achieve for that specific activity. (He may now fall into a different category under bathing, which might give him more points, but this isn't a certainty.)

Turning back to the original claim - there are occasions where I am asked to help someone on appeal and their form is very poor. (And hence obvious why their PIP claim fails, even though they have serious disabilities.) One way to address this is to go through all the descriptor activies afresh, as if this was a new client, filling out the form for the first time. Using the members guides, work out where the points values are. (This will need to be as if measured at the start of the claim, if F's condition has changed.) If the claim form has been ticked 'no problems' but you have identified that F can not do the activity, then say so. 'F can not...because...' Write this all down in a letter, headed clearly with F's name, NI number and Tribunal number, and then say, to the effect of 'I am supporting F during his claim for PIP. Due to F's disabilities, he has made important omissions [or the form is very confusing etc etc as appropriate.] F should be awarded the following points - and then go through each descriptor, as suggested above and explain the points. You could also explain that F was on DLA, but let his claim lapse (again explain if this was due to disability.)

The above should mirror what the CAB advisor will write on any new claim form, assuming no change in F's condition. So, maybe the CAB advisor could write to tribunal instead?
You can also explain that the assessment is misleading etc and explain that F may not have answered questions corrctly because of his disabilities. Of course, as F's supporter you clearly know F, and can also write a statement to send in, explaining your knowledge and observations. I don't know whether you are from a support organisation, but if you have professional experience say this, as this will clearly add weight to anything you say. (But don't worry if you don't have such experience, the observations of someone who knows the claimant well will be equally important.) Explain how F struggles to do things, what happens when things go wrong, and give examples if you can.
Can the CAB advisor fully represent F at tribunal? If not, you can certainly be with F, either in person if allowed (preferable) but certainly added into the hearing. At present, and no one knows until when, most tribunal hearings are by phone, a few by video. At the hearing, you would be allowed to speak, and potentially prompt F, but the tribunal would normally wish to hear from F in person if he is able. You may need to clarify things and correct things afterwards, if necessary.

Please have a discussion with the CAB advisor about whether a second claim is really needed here, and see if the advisor can help in a more official role at the forthcoming tribunal.

I hope this helps. Good luck to both you and your friend F.

LL26