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Don’t give up 3 months 3 weeks ago #251520

DLA to pip telephone assessment in April, requested copy of report, many lies, informed dwp but still awarded 0 points in both categories, left devastated. Spent long time filling in mandatory reconsideration, just received letter 10 points std rate daily living and 10 points moving around std rate mobility, great relief. I now have to decide whether to appeal for extra 2 points to keep motability car, but fear losing points as well. Please do not give up if you feel totally let down by system it is worth pursuing!!

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Don’t give up 3 months 3 weeks ago #251525

Hi Maria

That really is terrific news, congratulations and well done.

PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive 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 claimant's 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.

But well done on getting your award.

Gary

Tags: @RESULT @MR @PIP
The following user(s) said Thank You: pollenpath, MadH

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

Don’t give up 3 months 3 weeks ago #251527

Hi Maria, personally [I'm not a mod] I would study everything Gary has written and give the appeal a go if you can justify those 2 points any which way. They make a point of putting hurdles in your way like the many lies you mention [and our daughter has had plenty too]. So in your own words, Don't give up! -your car is a huge thing for your quality of life, you weren't far off were you, they hope to fob you off.
Every success, Denby

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Moderators: GaryBIS