P.l.P assesment

Derek1951
Derek1951 Online Community Member Posts: 5 Listener
in PIP, DLA, ADP and AA
My wife was claiming D.L.A . For 17 years indefinate award. She got the letter saying she must claim P.I.P. she claimed and was awarded P.I.P. lowest rate and mobility at low rate. She was on middle rate care and high rate mobility.We have asked for it to be looked at again. The Capita report/assessment  was wrong on a lot of the questions.i.e.cooking meals.I do all the cooking as she has dermatitis/exzema on her hands, cannot cut and peel veg. Etc .cannot cut up food.difficulties swallowing etc. Cannot wash herself.needs assistance getting in and out of the bath /shower. Assistance washing hair body etc. Help with toilet needs. Help dressing and putting on shoes.etc , help and assistance planning a journey. Does not go out alone.(no confidence.) Walking difficulties.. what is the way forward?. Any advice please. She is astmatic.diabetic.(insulin) uses inhalers. Has exema severe about her body. Needs extra baths.etc. We are waiting their reply.and decision.! 

Comments

  • Matilda
    Matilda Online Community Member Posts: 2,592 Championing
    @Derek1951

    Do you mean you have asked DWP for a mandatory reconsideration? If so if the MR decision isn't what you want you can appeal to a tribunal where the success rate is 65%

  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    Hello Derek and welcome

    Statistically an MR is unlikely to change the result, but is does happen.
    If you are still unhappy with the award then the next step is to appeal to a tribunal to look at all the evidence without the bias of the DWP.
    When you receive the decision letter it should contain two copies of the decision, one of which you will need to submit to the tribunal services along with form SSCS1
    When you have the decision letter come back with any questions and we will try and help

    CR
  • Derek1951
    Derek1951 Online Community Member Posts: 5 Listener
    It appears you have to ask for a MR. Before you can ask for a tribunal . We had to go to a tribunal to get D.L.A back in 1996. Won that on appeal .!
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    That is correct, MR is the first stage of the appeal process, you need the MR decision to be able to apply to the tribunal

    CR
  • Derek1951
    Derek1951 Online Community Member Posts: 5 Listener
    We have had the MR decision this morning and we are about impressed as nothing!!! They might as well say we are lying!!!  They are saying she hasnt had a flare up with her dematitis/ exzema, for 12 months.!!! She has had this condition for as long as I have known her (1996) this condition prevents her cutting,peeling, veg, etc. So cannot prepare food whatsoever !!! Therefore  cannot prepare a cooked meal. I do all food preperation. They say she can plan journeys etc. Thats a no no. (i.e. bus, train, journeys) outside the local area. Now saying local only!  She doesnt go out alone. Due to her conditions.No confidence. Needs my assistance. I assist her dressing , undressing, bathing, showering. 0 points for any of these??? Told she can do this with aids??? Shoe horns, sock pullers these wont put on her underwear? Or shoes? This really dissapoints us!!! They have awarded low rates for care & Mobility. She was on high rate mobility, middle rate care. On D.L.A. this whole process is grossly unfair to say the least! Dought we will go to tribunal.Seems pointless.??? Good Luck to anyone going through this nightmare.!!! The stress  this ordeal has caused has been terrible. Her D.L.A award was indefinate award. The exzema is all about her body.
    And has to have extra baths and showers to cope with that condition. Due to her problems with her hands cracking, etc cannot use cutelry properly and I have to cut up food for her.0 points on that score!!!
  • Matilda
    Matilda Online Community Member Posts: 2,592 Championing
    @Derek1951

    You should appeal to tribunal.  Most MRs are turned down but 65% of tribunal appeals succeed.  I was awarded standard both components PIP after assessment, MR no change, tribunal awarded me enhanced both components.

    Scope, CAB and Disability Rights (DR) sites all have guides to appeals.  Disability Rights publishes a Handbook with a detailed guide to tribunals.  You have to buy this, from DR site but worth the money.  

    If you didn't submit a 7-day diary with PIP application, suggest you send one with appeal papers.  DR site has a draft diary.  List all the aids your wife uses and state how difficult, or impossible, it is to undertake activities even using aids.  People have to try to undertake the activities to show they can't do them in order to gain points!  Not enough to say they can't do things because they know they can't - they have to try in order to get points!  Crazy, but that's PIP for you.
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    It is certainly worth taking it to tribunal who will look at all the evidence without the bias of the DWP. You have already done most of the hard work, filling in the form and collecting evidence. A diary is a good idea as is a supporting letter from GP which should be specific to the problems that she has with the PIP activities.
    Usually the problem is not with the evidence but the way it is read ( or not ). You should make your submission idiot proof, reference each descriptor to page and paragraph of the evidence. Any additional evidence should be attached to the back with name and NI number on each page.

    How long has the award been made for ?
    This is something to consider, if it is a short term award you could win your appeal and be faced with a review shortly after.

    What ever you decide to do we are here to support you in any way we can

    CR
  • Derek1951
    Derek1951 Online Community Member Posts: 5 Listener
    The award is idefinate she is 58 now. 6 years she will be 64. Is that the attendance allowance age?  Thanks. Derek. She is just wary she could lose the award altogether? I take it this is possible.?
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    Yes it is possible to lose points or the whole award but usually the tribunal judge will notify you if the award is in danger.
    PIP awards are usually for a fixed period the longest is ten years. This will take your wife past the 65 age cut off point for increased mobility award.
    If you accept the current award you will only be able to ask for a supersession on the grounds of a worstened or new condition.

    please do ask if i can help in any way

    CR

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