PIP MR and tired.

Hi Billy,
I'm sorry to hear that you have had such a horrible experience with your PIP. Do I assume correctly that you were previously on DLA, and invited to claim PIP, so this is your first PIP claim, and would have started straight after your DLA?
Your post suggests that you had a reasonably high award of DLA.
If my assumptions are correct, then DWP should have taken your previous DLA into account.
I don't quite understand why DWP is stressing that your condition may have changed, if they are suggesting that you are no longer disabled, then why would they invite you to make a new claim. And if they are stating you deserve nil points what would be the point of such a claim! This seems to be a very confusing decision!
More to the point, by suggesting you make a new claim, it almost seems like DWP are denying you the right to appeal!
You have a right to go to the tribunal. Success at tribunal is very high, especially if you use the guides on this website fir assistance. If you win at tribunal, you will get pip backdated to claim date, which might tally with end of DLA if my assumption above is correct. This will also mean you will not lose any associated housing benefit or ESA premiums if you have these.
There has been much recent criticism of DWP not explaining the discrepancy between previous awards of benefit and zero points for PIP. Whilst sometimes dla awards genuinely do not amount to PIP awards this is very rare, and it us unlikely you would get absolutely no points. Of you want to appeal, this should certainly be mentioned, and can include the DLA award notice. Using the guides go through all the descriptors that you think apply. You can ask a friend or relative to confirm these. Work out the appropriate points level and explain why these points should be awarded. Explain what DWP has ignored or misunderstood. Add a couple of paragraphs about the failure of the assessor, pick one or two of the worst problems, and use these as examples of the problems of the whole assessment. Refer to the consultant's report, and explain your health has not improved.You may also wish to consider a complaint about the assessor. You can also complain to your MP.
As for making a new claim, this is possible, but as I said above, I'm not convinced DWP is going to accept it! A new claim will only start from the date it is made, so you will potentially lose a lot of money. There is no guarantee that a new claim will be dealt with quickly, and no doubt you will have another assessment.
If you start a new claim, that could affect an award from the tribunal. The original decision will become a closed award so any award can only run to the date of the 2nd claim. It gets complicated having 2 claims going at once, and in my view is best avoided!
I hope this helps. Good luck!

LL26

Ps and most important, don't give up!

Hi Billy

One of the first things is to understand the difference between DLA and PIP.

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 or 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.

Now in terms of what should you do. You should have a look at the PIP guide
www.benefitsandwork.co.uk/help-for-claimants/pip and tackle one question at a time. Yes, it can seem overwhelming, try and put any embarrassment aside. You must give them as clear a picture of the limitations that you have, caused by your conditions as possible.

When it comes to describing the problems you have you need to think of three things at every question.

Think about breaking the activity down into smaller components where you can identify problems that you would have.

So for Preparing Food; you can break it down into preparing the food and cooking it, you can break preparing the food down into; selecting the right food, checking that it is still good to use, washing it, peeling and cutting as necessary.

Then think of the problems that you have and map them onto the activities, so physical problems might mean that have problems with peeling and cutting, mental health problems might mean that you don't actually get the food out in the first place, cognitive problems might mean that you do not select appropriate food or check that it is still in date.

For each combination explain why you are affected, how and whether help from an aid of a person would allow you to complete the activity, there is a formula in the guide for each activity of the things to include.

Lastly, when you are thinking about each activity, consider whether the problem you have would impact on your ability to do another activity. So physical problems with preparing food may also mean you have problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that you need help with money.

you can use the same MR report to make an appeal either on line or by paper (SSCS1 form) or use it as a guide and refine it for the appeal, if you have any extra supporting documents then add them to the appeal. If you use the paper form to appeal (SSCS1), remember to send the documents off by recorded delivery.

If you have any further questions come back to the forum.

Gary

Hello Billy,

I am pleased to read that you have decided to appeal – well done for finding the energy to fight on! Although you have now submitted your appeal if you get additional evidence it is still possible to send it in.

Thank you for your kind words. Those are the only thanks we either can take or wish to take.

Catherine