Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: PIP Appeal

PIP Appeal 2 weeks 5 days ago #220397

Hi. I wonder if I could ask a couple of questions about my son's PIP claim. I'm his appointee.

My son was in receipt of higher rate mobility DLA his whole life and has gone from this to zero PIP mobility allowance. I can't see good reason for this given his conditions have been present since birth, are lifelong and have not improved. I know the criteria are different between benefits, but have heard case law that goes against the DWP's decision in this type of situation. Would it be an argument I can use at tribunal?

Also, On page 1 of the assessor's report under "List all evidence considered alongside the consultation findings" the assessor only lists the PIP questionnaire and not the supporting evidence which I think makes the report unreliable. His medical notes aren't referred to in the report . Could I use this in my grounds for appeal (along with all the other arguments!)?

Thank you

Please Log in or Create an account to join the conversation.

PIP Appeal 2 weeks 5 days ago #220418

Ela

So a DLA HRM award translates into a PIP Standard award with the claimant being considered as being unable to reliably stand and move (walk) more than 50m on the majority of days.

There is some Case Law for transfers that may be applicable, see

pipinfo.net/issues/transitional-issues

but this does not excuse you from showing the extent to which his walking is limited.

See our PIP Claim guides for further information

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

Gordon

Please Log in or Create an account to join the conversation.

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

PIP Appeal 2 weeks 5 days ago #220447

Thanks very much for the reply and links Gordon.

I'm contesting both components of mobility. I've marked down the reasons why and cross referenced this with info in various pediatrician's reports. I've marked clearly what he was awarded and what descriptor I think he is entitled to. Moving Around section I find more complicated. I've made it clear he can walk more than 200 metres but not when considering criteria reliably, repeatedly, reasonable timescale etc. He was awarded (a) and I think he should get (b).He has a lot here in medical notes and history to show extent to which is walking is limited, but not sure how it will go. Following a journey has has a lot of difficulties with. Again, I have paediatrician's reports that extend on this.

I'll have a look through the links.

Many thanks
E

Please Log in or Create an account to join the conversation.

PIP Appeal 2 weeks 5 days ago #220460

Ela

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

Gordon

Please Log in or Create an account to join the conversation.

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

PIP Appeal 2 weeks 4 days ago #220509

That's really helpful thanks Gordon as I found the language in the Planning & following journeys descriptors confusing so this helps define things better.

My son has a number of physical disabilities and aspergers. He cannot use public transport unaided and his difficulties would be both psychological distress, autism related and physical. I'm stuck between knowing whether descriptor d or f would apply to him. I think the DWP guidelines say “A person should only be considered able to follow an unfamiliar journey if they would be capable of using public transport " Do you know if this also applies to familiar journeys? I'm assuming not as they have only used the term "unfamiliar".Thanks so much for your time.

Please Log in or Create an account to join the conversation.

PIP Appeal 2 weeks 4 days ago #220528

Ela

Don't rely on the use of Public Transport, it is not required by the legal definition of the Descriptor and there is no Case Law to support it being a requirement. Certainly, argue it but
you will need to explain why he cannot follow a route in a more general sense. He has to be able to do this reliably on the majority of days, so if there are issues of him doing this safely then you should mention them.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke