50% Rule - Has anyone had experience of this being ignored for PIP

butterflies
butterflies Online Community Member Posts: 29 Contributor
in PIP, DLA, ADP & AA
My conditions make it impossible to do various things e.g. cooking a meal 100% of the time but I have to use a Microwave to warm up cooked food once a day 2days a week as I don't have help those days. ....All explained in pip Q's  in great detail on PIP form.

Has anyone had experience of the 50% rule  being ignored on PIP assessor report?!



Comments

  • whistles
    whistles Online Community Member Posts: 2,074 Championing
    edited March 2018
    Found this.
    Not sure if relevant. 

    http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4810

    http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=5024
  • Nystagmite
    Nystagmite Online Community Member Posts: 595 Empowering
    My PIP result was based purely on what I was like on the day. Even though there was strong medical evidence stating that's what I'm normally like and most of the conditions I have do vary.
  • butterflies
    butterflies Online Community Member Posts: 29 Contributor
    Hi @whistles

    Thanks very much for those useful links. I had been trying to find some Case Law about this but brain is mashed at the moment...thanks again  o:)

  • butterflies
    butterflies Online Community Member Posts: 29 Contributor
    Hi @Nystagmite
    Thank for your reply...this is what worries me.
    This is what makes the whole system completely unfit for purpose IMO  :/
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    The reliabillty factors are often overlooked by all parties, HCP's, DM's and claimants

    CR
  • Jurph
    Jurph Online Community Member Posts: 367 Empowering
    My PIP result was based on the assessment too.

    The 50% rule was ignored in my case. I said I have severe pain 3 days per week and severe fatigue 3 days per week.

    They took that as having pain and fatigue 3 days per week and therefore is not the majority of the time
  • Nystagmite
    Nystagmite Online Community Member Posts: 595 Empowering
    I wasn't asked how often I had difficulties doing things. It was just "well, you can hear today, therefore, there's nothing wrong". My medical evidence stated that isn't quite true. (I don't process sound the way I should do)

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