How does a PIP review work if your initial claim was won at tribunal?

chiarieds

Hi @Becky93 - perhaps contrary to your expectation of the DWP's Health Care Professionals & their assessments, they should indeed be conversant with the reg you mention. Please see this guide for such assessors: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria   scrolling down to section 2.2 which is all about the term 'reliability,' something which is often mentioned on this forum.

Playing Devil's advocate here, perhaps your problems stem from the fact that you didn't always attempt an activity/descriptor? You say, for example, that you don't cook due to the time involved it would take. Now an assessor may then presume that you can indeed cook, but choose not to do so. As PIP is about how you are the majority of the time, perhaps again you were not actually identifying your problems. You later stated a reg you thought would be helpful, but had you actually given recent, detailed explanations as to the difficulty you faced, i.e. when did it happen, what exactly happened, why did you have difficulties, did anyone else see this, & was there any consequence to attempting/doing an activity? If it's considered you choose not to cook the majority of the time, then perhaps that's why your initial claim failed.

The devil is in the detail as other members have said.

cat6873

I won my first PIP at the tribunal and got the ‘Award review - how your disability affects you’ form in January and sent it off straightaway. This form is different from the first one. They ask you if there are any changes in how your disability affects you. I've put 'no changes' to every question but, of course, I went into details how the 'no changes' still affect my day to day living. They also ask if you need any help which puzzled me as I was never asked that question before. I hope this helps.

elise84

Personally i think the best thing u can do is , forget what DWP have done in the past, this is a new claim and lets start it with positivity. Ensure you complete the claim form with as much detail as possible so they have a better understanding of how your condition effects you.  When it comes to your assessment, have someone with you to support to so you maybe don't get flustered. Not all assessors are the same.

Becky93

chiarieds said:

Hi @Becky93 - perhaps contrary to your expectation of the DWP's Health Care Professionals & their assessments, they should indeed be conversant with the reg you mention. Please see this guide for such assessors: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria   scrolling down to section 2.2 which is all about the term 'reliability,' something which is often mentioned on this forum.

Playing Devil's advocate here, perhaps your problems stem from the fact that you didn't always attempt an activity/descriptor? You say, for example, that you don't cook due to the time involved it would take. Now an assessor may then presume that you can indeed cook, but choose not to do so. As PIP is about how you are the majority of the time, perhaps again you were not actually identifying your problems. You later stated a reg you thought would be helpful, but had you actually given recent, detailed explanations as to the difficulty you faced, i.e. when did it happen, what exactly happened, why did you have difficulties, did anyone else see this, & was there any consequence to attempting/doing an activity? If it's considered you choose not to cook the majority of the time, then perhaps that's why your initial claim failed.

The devil is in the detail as other members have said.

I actually think doing what you said was used against me by the DWP assessors. So for cooking and eating, there are rare occasions where I do cook my own meal, and I used that to detail how slow and long it takes me because of constant hand washing and fear of contamination, followed by the need to shower once I'm done. My belief is the DWP used this information to say therefore I could cook and prepare food unaided without the help of others. The tribunal however scored me maximum points under this descriptor.

The most blatant example of the DWP simply not applying this law is on washing and bathing unaided. If an assessor is actually applying this law, it's impossible to see how you wouldn't side with me in a case. As washing my hands take 30 mins, and my showers take 2 hours. Even at the tribunal they only asked about 3 questions around this descriptor, which was far less than the others. It should be pretty cut and dry, and for this descriptor there aren't even many real life examples you can give, as that's simply my routine every day. The DWP consistently claimed because I wash and bathe myself unaided I did not qualify for this descriptor, but again the tribunal scored me maximum points that in effect I cannot wash and bathe myself because of the time it takes me. If the DWP cannot recognise my condition as qualifying under this descriptor, it's quite obvious they simply don't understand this area of law in my opinion.

I would be curious if anyone has actually won an assessment from the DWP where virtually their entire argument for why the qualify is because they cannot complete the activities in a "reasonable time period". Everything online about this specific area of regulation 4 2(A) says although the law is in your favour, they're yet to see any assessors actually apply it in an assessment, and you will have to go to tribunal to get PIP for it.

Breacon

That's very interesting, thank you so much for that Information.

Breacon

That's very interesting, thank you so much for.
Your explanation Andy, is very helpful. I understand better how to write things down in terms of how I manage