PIP, DLA and AA
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Entitlement advice?

tommy2k17tommy2k17 Member Posts: 28 Connected
edited April 2018 in PIP, DLA and AA
I got my form about PIP last week. I cannot prepare food for myself, can only walk short distances at a time, have epilepsy so I get tired (one of the side effects). Any advice for other people in the same situation?

Replies

  • lillybellelillybelle Member Posts: 458 Pioneering
    Use the safety reason on each aspect that you can’t do.
    you also need help more than 50% of the time ( go to epilepsy website)
    tiredness alone will not get you any points although it is a side effect of the medication and needs to be mentioned.
    again tiredness is a safety aspect putting you in danger 
       Get a letter of diagnosis. And all medication to send to DWP
    is your epilepsy controlled?
    what type do you have?
    do you know when they are about to happen?
    do thinks trigger them off?
      These things will make a big difference.
    if you only have seizures at night you will get 0 points.
    keep to the safety aspect whilst filling out the form. No need to write paragraphs. Leave that until the f2f to explain more about how you cope.
    good luck

  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    @lillybelle

    I’m sorry to step in but... 

    Tiredness will score you points depending on the activity and the context.

    if your diagnosis is not in dispute then you don’t need a letter to cinfirm it.

    It is wholly incorrect to say that if you only have episodes at night you will get p points. PIP does not distinguish between day and night for starters and the only thing that matters is the impact of the episodes and not when they take place. 

    It is also terrible advice to not write paragraphs on the claim pack. That is your main document and it needs to be completed in full. The most common discussion at appeal tribunals is “Well if you’re now saying that x is true why wasn’t it put in the claim pack?”
  • lillybellelillybelle Member Posts: 458 Pioneering
    I am just stating was I was told by a disability solutions charity who deal with all benefits including tribuneral s.
    in my application most things were ticked and underneath the reason given “ can not do this for reasons of harm to herself etc.
    for example:-
    cannot bathe herself at all times due to drowning .
      I was told that if there are paragraphs and paragraphs they are not interested. Just the main facts are needed, and keep to the point don’t waffle on  Obviously the whole form is filled in.
    Also I saw on the news of a girl who had seizures at night only and got 0 points as she did not need care in the day, and it did not come into the 50% ruling .The case went to  Tribuneral and she still lost. Hence the television appearance. 
    On the epilepsy website it is the frequency, type and whether or not you are aware a seizure is about to start.
    Also the 50% ruling that now is in place which is another thing that was repeated on my application form over and over again.
          The assessor even asked who had filled it in as she could see they knew their stuff.
    Anyhow the f2f came and went. Assessor gave her input and I scored 6 daily and 12 mobility.
    I contacted the disability centre again. Was advised that I had a very good case but obviously it was my decision but the safety aspect was the key reason.
    sent my MR in by post dated 4th April. 2 weeks later on the 18th of April a letter was sent out awarding me standard daily award and high mobility.
    i personally think that I received some excellent advice from the centre who also work along with the epilepsy nurse for these types of claims.
    Pip is extremely hard to get for a person with epilepsy ( the website will tell you that)
    as the condition is varied.
    i am only advising on what I experienced and was advised myself.
    Others might not agree but that is their right to do so
  • whistleswhistles Member Posts: 1,603 Disability Gamechanger
    edited April 2018
    I actually thought that regardless of your condition it's how you are effected by the descriptors you are asked about. 

    If the op cannot prepare food, why can they not prepare food, what happens if they did, what help do they receive if any. Can they use a microwave as oppose to the cooker. I can use the microwave and it was accepted cooking would be unsafe other than this.

    Tiredness would need proving as a side effect of the medication and condition wouldn't it?
    My memory issues were dismissed as a side effect of the medication. 
    However I was told I had insight so could do things to help myself. 
    My day is effected with those descriptors they asked about, nobody said I was stupid and my brain didn't work at all. 
    Do not follow me, I don't know where I am going.
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
  • tommy2k17tommy2k17 Member Posts: 28 Connected
    Thankyou.
    However, I have seen a few TV programmes about people that really need PIP not getting it!
  • whistleswhistles Member Posts: 1,603 Disability Gamechanger
    Be positive.
    Do not follow me, I don't know where I am going.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @tommy2k17

    Disability Rights UK site has a good guide to all stages of PIP.  And try to get some f2f advice from CAB or similar.

    Disability Rights has a draft diary you can adapt.  Include a 7 day diary with your PIP form.  And list all the aids you use.  Using aids should get you some points especially if you struggle even using aids.

    The 50% rule means that your disabilities must be bad enough to qualify for points on at least 4 days out of 7.
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    whistles said:
    I actually thought that regardless of your condition it's how you are effected by the descriptors you are asked about. 

    If the op cannot prepare food, why can they not prepare food, what happens if they did, what help do they receive if any. Can they use a microwave as oppose to the cooker. I can use the microwave and it was accepted cooking would be unsafe other than this.

    Tiredness would need proving as a side effect of the medication and condition wouldn't it?
    My memory issues were dismissed as a side effect of the medication. 
    However I was told I had insight so could do things to help myself. 
    My day is effected with those descriptors they asked about, nobody said I was stupid and my brain didn't work at all. 
    Tiredness comes from many things. The condition itself would be the main thing though.
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    Matilda said:

    The 50% rule means that your disabilities must be bad enough to qualify for points on at least 4 days out of 7.
    No, it means more than 50% of the days in the required period. The required period starts with the retrospective period of 3 months back, not a week. More than 50% means exactly that. So, in a 3 month period of day 90 days it would mean 45.1 days upwards. 
  • tommy2k17tommy2k17 Member Posts: 28 Connected
    Thankyou for all of your advice. I have until May 9 to send it back so not long!
  • tommy2k17tommy2k17 Member Posts: 28 Connected
    I study with the Open University, and have to have study support, I have just found a pyschological report written up from Kent Assessors that outline some of what PIP wants.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    At my assessment the assessor was only interested in how many bad days I had a week.  The assessor wanted to keep things simple - as did the tribunal panel.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited April 2018
    @lillybelle

    It is also terrible advice to not write paragraphs on the claim pack. That is your main document and it needs to be completed in full. The most common discussion at appeal tribunals is “Well if you’re now saying that x is true why wasn’t it put in the claim pack?”
    I'm not saying that you are wrong but I was told many moons ago - back in 2013 when I was being transferred over from DLA, that completing the PIP2 form was not the be all and end all of making a claim. I was informed when I telephoned them for advice (by a local disability charity who now no longer exist) that putting endless statements for each descriptor was a waste of time as the DWP disregard what you claim and place more emphasis on what the assessor writes - presumably because the claimant could put anything down in order to bolster their overstated claim.
    Further, the time to give facts is at a Tribunal.
    I can see why you say that but surely the same would go for someone that believes that they don't have any problems but in reality they do - in their case it would be said to a an understated application - just the same as someone that doesn't fill in all of the blank boxes?

    Do I actually trust an assessor to do their job correctly - no from experience. And do I trust the DWP decision maker to determine what is and what isn't an 'understated' claim - no, based on experience when following a MR they eventually change the award dramatically to what I was awarded in the previous years. If it takes 2 and sometimes 3 goes at getting it right is that my fault for not filling out any of the additional boxes or the DWP in not doing their job properly?

    I would add that for my first two claims both ended up with enhanced care & mobility following a MR. No further evidence was given by me. I just pointed out the total inaccuracies within  the assessor's report and the evidence I had sent in when returning the claim form. The third I am waiting for a MR ruling.

  • tommy2k17tommy2k17 Member Posts: 28 Connected
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Mandatory reconsideration  - first stage of appeal.
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    Yadnad said:
    @lillybelle

    It is also terrible advice to not write paragraphs on the claim pack. That is your main document and it needs to be completed in full. The most common discussion at appeal tribunals is “Well if you’re now saying that x is true why wasn’t it put in the claim pack?”
    I'm not saying that you are wrong but I was told many moons ago - back in 2013 when I was being transferred over from DLA, that completing the PIP2 form was not the be all and end all of making a claim. I was informed when I telephoned them for advice (by a local disability charity who now no longer exist) that putting endless statements for each descriptor was a waste of time as the DWP disregard what you claim and place more emphasis on what the assessor writes - presumably because the claimant could put anything down in order to bolster their overstated claim.
    Further, the time to give facts is at a Tribunal.
    I can see why you say that but surely the same would go for someone that believes that they don't have any problems but in reality they do - in their case it would be said to a an understated application - just the same as someone that doesn't fill in all of the blank boxes?

    Do I actually trust an assessor to do their job correctly - no from experience. And do I trust the DWP decision maker to determine what is and what isn't an 'understated' claim - no, based on experience when following a MR they eventually change the award dramatically to what I was awarded in the previous years. If it takes 2 and sometimes 3 goes at getting it right is that my fault for not filling out any of the additional boxes or the DWP in not doing their job properly?

    I would add that for my first two claims both ended up with enhanced care & mobility following a MR. No further evidence was given by me. I just pointed out the total inaccuracies within  the assessor's report and the evidence I had sent in when returning the claim form. The third I am waiting for a MR ruling.

    I work in welfare rights. Plenty of scope for me to be wrong but on this I’m afraid not. The advice you were given was based on a broadly correct understanding of what happens in practice I.e, significant swathes of claim packs are disregarded but just rolling up to an appeal and expecting to win by providing information at that point and expecting a tribunal to just go “thanks” rather than what they actually do, which is to query the credibility of what you’ve just provided precisely because it doesn’t match what was in your claim pack, is just naive. 

    What you put on a claim pack does not have to be “endless”. It just needs to be focused and supported by anecdote.

    Looking at your dates I assume your MRs were pre the 2015 election. At that point DWP were desperate to avoid appeals so would award what points they could at MR. Post that election it’s a very different world as many posters on here will attest. 
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    Thanks Mike, I do totally respect your opinions and I believe I have seen some of your work on Rightsnet?
    Of course there has to be credibility when producing or giving evidence to a Tribunal. I was just likening not filling in the boxes on the PIP2 and those that don't really put much information on it at all simply because they actually believe that there isn't a problem with their life despite all of their family saying there is.

    Yes one was. I was 65 just a few weeks after the cut off date so had to go down the PIP route in 2013. Then I had another re-assessment in 2015 and a review just before Christmas 2017.
    Both the 2013 and 2015 decisions were reversed following a MR back up to enhanced for care & mobility. I was given three year awards each time.
    Previously I had been on DLA High Mobility & Care since the mid 90's.
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    The MR experience prior to the 2015 election was almost sane. Then they caved in to the pressure re: PIP delays and UC coming on stream and moved the quality chequers back to decision making. Since then we’ve declined to the point only 16% of decisions get changed on MR. So, good luck to you.

    I am indeed on Rightsnet :)
  • tommy2k17tommy2k17 Member Posts: 28 Connected
    I have been asked to go for another assessment for PIP, as they said they didn't have enough information! Has anyone els had to go for a reassessment?
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