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DLA TO PIP
- Gordon
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7 years 4 months ago #176999 by Gordon
Although the DWP guidance make reference to the use of Public Transport the actual legal Descriptors make no such reference, so having encouraged claimants to explain their problems with this, the Decision Maker then completely ignores it!
I can only assume that you have mentioned the weather and the use of taxis, again these are not part of the tests, although the latter should be considered in the context of Going Out as an example of Going Out as an example of how a claimant might be able to circumvent their issues with this activity.
Gordon
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Replied by Gordon on topic DLA TO PIP
f c wrote: Hi received the letter Saturday. My husband scored 11 for the daily living. They scored him 0 points for eating and drinking when he told the assessor that he needs help to cut up certain foods. He also only scored 2 points for receiving help with washing lower parts of body. He scored nothing for me having to help him out the shower as its one over the bath. This was explained to the assessor.
The mobility he only scored 8 points for being able to move 20 metres unaided but no more than 50 metres. How did they come to that when the assessor didn't even question his mobility skills.
It then goes on to say they cannot consider any help you need not covered by the activities for daily living and mobility, including stairs, use of taxis or public transport and weather conditions.
Could you explain this please. He couldn't use and doesn't use public transport in which we explained in the form because of his anxiety due to his severe heart failure and problems with it and his RA.
Although the DWP guidance make reference to the use of Public Transport the actual legal Descriptors make no such reference, so having encouraged claimants to explain their problems with this, the Decision Maker then completely ignores it!
I can only assume that you have mentioned the weather and the use of taxis, again these are not part of the tests, although the latter should be considered in the context of Going Out as an example of Going Out as an example of how a claimant might be able to circumvent their issues with this activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- f c
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7 years 4 months ago #177035 by f c
Replied by f c on topic DLA TO PIP
Received the report today and have to say we have been dreading reading this, as read from different people how the asessors tell lies. In fairness she was quite fair in what she says. Although made me chuckle really because she did say he looked well, but then a few times she mentions he looked very tired! She said he looked clean well kept, he hadn't had a shower that morning!! I think really I'm just so relieved for hubby that she didn't play down his illness. We have both said about the mobility issues, she didn't really question him on that, and think if she had and my hubby wasn't such a quiet man, we may have gone and should gone into more detail about his mobility issues so maybe we are to blame in him only scoring 8 points.
I would like to ask about the 11 points he got for daily living. He scored 2 points for the help washing below waist but scored nothing for having assistance getting out of the shower ( its over the bath) She does say how he needs assistance. My question is having help get out the bath or shower scores 4 points, aren't they meant to take the highest score? If this is correct is it worth ringing up and mentioning it to them?
I would like to ask about the 11 points he got for daily living. He scored 2 points for the help washing below waist but scored nothing for having assistance getting out of the shower ( its over the bath) She does say how he needs assistance. My question is having help get out the bath or shower scores 4 points, aren't they meant to take the highest score? If this is correct is it worth ringing up and mentioning it to them?
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- slugsta
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7 years 4 months ago - 7 years 4 months ago #177048 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic DLA TO PIP
Yes, the assessor should indicate the highest score for each descriptor. It may be that they did not feel these problems occur for the majority of time - or it could just be one of those aberrations that are so common!
If you 'phone and mention it' to DWP, they will undertake an MR and review the whole claim. It is up to you whether you want to go through that or not.
If you 'phone and mention it' to DWP, they will undertake an MR and review the whole claim. It is up to you whether you want to go through that or not.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.
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- f c
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7 years 4 months ago #177062 by f c
Replied by f c on topic DLA TO PIP
Could I just ring and point this out, and ask if someone could ring to query it, and ring us, which I have read that sometimes they have done this. If they then say we have to write in and treat is as a reconsideration then we may not bother as don't want to risk losing anything, The assessor was made aware of his problems getting in and out the shower. Just don't know what to think?
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- Gordon
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7 years 4 months ago #177082 by Gordon
I'm sorry but there simply isn't a vehicle for claimants to do this and any attempt, as Mrs H has explained, whether that be in writing or by phone, is liable to result in an MR being undertaken.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA TO PIP
f c wrote: Could I just ring and point this out, and ask if someone could ring to query it, and ring us, which I have read that sometimes they have done this. If they then say we have to write in and treat is as a reconsideration then we may not bother as don't want to risk losing anything, The assessor was made aware of his problems getting in and out the shower. Just don't know what to think?
I'm sorry but there simply isn't a vehicle for claimants to do this and any attempt, as Mrs H has explained, whether that be in writing or by phone, is liable to result in an MR being undertaken.
Gordon
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- f c
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7 years 4 months ago #177133 by f c
Replied by f c on topic DLA TO PIP
A case manager has just rung us after me phoning and she more or less said its confusing why they havnt awarded him with points for help in and out the shower when he needs help washing. And that the assessor has put it in her report that he receives help. She said she would put it through to be looked at again why on the phone if we wanted her to. I explained that I'm worried in case he loses his award or loses points. She did say they would look at it all again, she left it with us to decide.
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