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Pip points

Stratford

I have been reading the report from the assessment that was done by phone.

I noticed on the reasons why they couldn’t award me points was on a previous face to face assessment which was done 10 years ago. Is this normal?

The decision not to award me pip was overturned at reconsideration stage where as my last decision was overturned at tribunal level.

I have uncontrolled epilepsy

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Comments

OverlyAnxious

Hi,

Yes this is normal/common. They are allowed to use evidence from past assessments.

Am I reading right that you were awarded after MR this time? Or have you got to go to tribunal again?

Stratford

hi, thanks for answering. I think it’s disgusting. How can they justify how my disability affects me now comparing it to an assessment made 10 years ago.

10 years ago I was awarded high mobility but no living part. That was changed on MR to the lower part.

The assessment after that gave me the same, high mobility and no living. That was overturned at tribunal.

This time again high mobility with just 4 points for living’ down from 11 points.

This assessment was done in January but still awaiting the actual result.

So want to be organised for the inevitable fight again

Stratford

If they can dictate the assessment virtually word for word 10 years ago, why can’t they dictate the tribunal decision word by word

noonebelieves

https://forum.scope.org.uk/discussion/comment/1011211#Comment_1011211

Really? @OverlyAnxious, I honestly can’t believe their reasoning behind this….absolutely appalling! 🙄

@Stratford , I’m so sorry you’re going through this. I truly hope you find the strength to fight for your rights and receive the well-deserved PIP award you’re entitled to.

chiarieds

Hi again @Stratford - I'm not saying it happened, but perhaps the DWP felt they had insufficient input from yourself so looked back to your previous assessment as your last 'result' was rather made by a tribunal which is independent from the DWP.

Importantly remember that you still have to wait for your actual decision letter, & tho the decision maker usually goes along with the assessment report, this isn't always the case.

I don't know if you followed the advice given here:

https://forum.scope.org.uk/discussion/110985/pip

but I can't stress enough how important it is to give such anecdotal evidence.

That said, I see you now mention you suffer from epilepsy. Whilst normally PIP is about how you are the majority of the time, depending on the severity of your epilepsy, it can be said that you may need supervision with many of the activities of daily living as you may be at risk of having a seizure at any time.

Please see the following from a Benefits & Work Guide:

''Until now, the DWP have argued that a claimant can only score points for being unsafe if harm is likely to occur on more than 50% of the occasions on which they attempt an activity.
So a claimant with epilepsy who has seizures twice a week would not get points for needing supervision when cooking. This is because they could not show that it is ‘more likely than not’ that they will have a seizure on any given occasion when they prepare food.

However, on 9th March 2017, in CPIP/1599/2016 a panel of Upper Tribunal judges held that the DWP were wrong.
Instead, they said, the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion.

So, if there is a real possibility that a claimant with epilepsy might have a seizure whilst cooking then then they reasonably require supervision for this activity, even though the chances of a seizure happening on any specific occasion may be quite small.
They should score points for needing supervision even if they don’t actually have anyone to provide it.

But the Upper Tribunal went even further than this.
They ruled that where a claimant is at risk all the time, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of harm.
So, a claimant may not be at any additional risk of harm if they have a seizure when using the toilet or taking medication, for example. But, because they are at risk whatever they are doing, then we would argue that they still reasonably require supervision during these activities, because they cannot do them safely without supervision"

The above may be helpful if your decision letter isn't as hoped.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/1011253#Comment_1011253

They are allowed to use any and all information they have available. Unfortunately that includes poor quality assessments, even if they were later overturned by tribunal.

I'm sorry to hear you're going to have to go through MR and possibly tribunal again this time. As above, if you can add more of your own evidence, that gives you a better chance of getting the Daily Living award again, though there are never any guarantees, of course.