Struggling with PIP.

SparkyMarkie · March 2019

Hi all, hope you are all well. Just hoping someone can help me or give advice about PIP as I'm beginning to come to the end of my tether!

So... My partner was in receipt of DLA for about 20 years. He had the letter late last year to apply and go over to PIP. We have applied, been to the face to face and he has been refused and awarded 0 points! He has a learning disability, he cant read or write and finds it hard to understand, communicate with professionals, making phone calls writing letters filling out forms and reading is all left to me, as well as everyday things, like cooking his meals, helping him make decisions, managing all the budgeting needs etc etc. Basically if I wasn't with him I don't know where he would be. Its all left down to me to try and sort everything out, he doesn't have any support workers anymore as they took it off him due to 'cut backs'. I think its because I moved in with him and they have left everything to me. Is this one of the reasons they scored him 0 points? due to not having support workers? Did they not take into consideration about his reading and writing after I filled out the forms went to the face to face with him and help him answer questions he didn't understand? It was written in the decision that he could read and write, he could cook meals himself because he answered to the assessor that he had 2 meals a day? Not who cooked and prepared them! There are several questions in this context that were asked another was if he knew what a £5 note was he said yes, they have presumed he can take care of all his budgeting decisions. Its made me angry as its made out we are lieing! I just really don't know what to do. I have started the ball rolling with the Mandatory Reconsideration. But expecting it to go further to the tribunal stage. Will a statement from me be ok? One from and old support worker? One from his Dad? and possibly a letter from his GP?.... I just didn't know where else to turn. I am sorry if this doesn't make sense at any point or its long winded but I hope someone somewhere can give me some advice? Thanks, Mark.

SparkyMarkie · March 2019

I'm new here. Any help or advice would be great. Thanks in advance!

CockneyRebel · March 2019

Hi @SparkyMarkie and welcome

Unfortunately DLA and PIP have different criteria, and a DLA award is no guarantee that your partner will meet the criteria for PIP.

PIP is not about condition, diagnosis or illness but about how you manage dailly activities.

Have a look at the PIP descriptors and the self test to see if your partner might meet the criteria for an award

SparkyMarkie · March 2019

Hi @CockneyRebel Yes I understand this. We have already been through that. His learning difficulties mean that he struggles with everyday tasks on a daily basis. I'm thinking because I am there to do everything on his behalf thats why they have made they're decision. Cooking a meal for example; he cant cook or prepare a simple meal, he doesn't understand timings, temperatures, can't read cooking instructions, doesn't understand how the cooker works, therefore I cook for him. If I didn't he wouldn't eat a proper meal. Isn't that the 'how it affects him' criteria? Most of the questions we're answered on the form in that manor relating to the topic, but its been ignored? Did I not fill the initial form out right? I'm just struggling to understand. Sorry to blab on!

CockneyRebel · March 2019

Hi SparkyMarkie

Testamonials from anyone that knows your partner well can be submitted.

I know some of our other members will be able to offer advice, one thing to stress is that your partner cannot do these things just because you do everything might be seen as a choice as opposed to a necessity

poppy123456 · March 2019

Hi,

Your next step is to request the mandatory reconsideration (MR) you should put this in writing stating where you think he should have scored those points and your reasons why. Adding 2/3 examples of what happened the last time he attempted that activity for each descriptor that applies to him.

This guide will help you have a better understanding of the descriptors and what they mean.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Did you send evidence to support his claim? They very rarely contact anyone for this. If you didn't send it then i'd advise you to send it with the MR request letter.

Most MR decisions remain the same and you'll most likely end up taking it to Tribunal.

SparkyMarkie · March 2019

@CockneyRebel Thanks for that. I am planning to get a testimonial from his old support worker who knows him very well and his dad. I understand as well that it may come across that I do everything because of a choice but not a necessity but that isn't the case. I try and let him be as independent as possible but its hard. He gets frustrated with himself too.

@poppy123456 I rang them to request the MR I stated to them I would be sending evidence and letters to them though and they have said I need to send it all within a month so I am going to do that. It was a pretty rushed process to be honest, after I had sent the form back. Got an appointment for the F2F assessment by text, 5 days before, didn't receive any letters until after the appointment about directions etc so I had to source them myself. I did ring and they said it was because of a cancellation so they squeezed him in. The F2F then only lasted approx 20 minutes it was so very quick. I am going to keep going with it.

SparkyMarkie · March 2019

Another thing was they stated in his decision letter they had seen his medical history. I asked them over the phone what medical history they had for him and they said none. That confused me, because how can they state they had seen his medical history and then not have anything on the system to say they had?

poppy123456 · March 2019

You really should put the request in writing as previously advised. By requesting it over the phone the DWP could say you never requested it.

If it does get to Tribunal stage then appearing in person will give him the best chance of a decision in his favour. Please read the link i posted above.

Fetlock · March 2019

SparkyMarkie said:

Another thing was they stated in his decision letter they had seen his medical history. I asked them over the phone what medical history they had for him and they said none. That confused me, because how can they state they had seen his medical history and then not have anything on the system to say they had?

By that, they usually mean medical history as relayed to them (by him) at the assessment - his history of conditions, treatments, medication etc

SparkyMarkie · March 2019

@poppy123456 I did receive a text message to say I have asked them to look at the claim again shortly after the phone call to them. But yes I am defiantly still going to send it in writing along with further evidence too. Thanks.

@Fetlock Ok.

Struggling with PIP.

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