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PIP Descrpitors/Criteria

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7 years 5 months ago #172102 by et19560
PIP Descrpitors/Criteria was created by et19560
Hi,
I have Retinitis Pigmentosa registered severely sight impaired blind, I was recently transferred from DLA onto PIP and have eventually been awarded Higher Rate Mobility but only 4 points for Daily Living, 2 points for Preparing food and 2 points for Reading and understanding signs, symbols and words but still not enough points to be eligible for the standard rate of Daily Living.
There are 2 questions that I would like more information on please,
1. Managing toilet needs, I have no real problem in this area but do have enormous problems because of my eyesight in actually finding the toilet in the first place when away from my home and require the assistance of my wife or friends to accompany me to the toilets, without assistance it would be very difficult to locate toilets. But this is not taken into account when awarding points.
2.Engaging with people face to face. If the lighting is good I am able to recognise peoples faces, I have no mental or cognitive issues so can communicate fairly easily, although I am often left talking to myself if people walk away because I haven't seen that they have gone. If the lighting is poor or if it is dark I am unable to see anyone and would not be able to go into a dark environment unassisted and would need someone to tell me who was there and who I was talking to. I am unable to interact or move around without assistance because I would walk into people chairs, tables etc. and so I have found myself staying away from venues and occasions where I know it will be dark, or too many people, such as parties and other social events. But I am again denied any points even though I would be unable to see peoples gestures and how they are behaving towards me because the qualifying criteria is only targeted at people with mental or cognitive issues, this seems discriminatory and extremely unfair in my opinion.
Just wondering, have there been any challenges made to the Upper Tribunal or has any case-law been made on any of the issues that are preventing sight impaired people scoring points particularly for these questions?
Thank you.

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7 years 5 months ago #172121 by Gordon
Replied by Gordon on topic PIP Descrpitors/Criteria
E

Welcome to the forum.

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I'm afraid I think you will struggle to score points in the two activities that you highlight. Managing Toilet Needs is about the issues that a claimant has when at the toilet, not issues in getting to it in the first place. There is more opportunity to argue that you meet the Communicating activity criteria, but I think you would need to show that you need Communication Support in order to score points and it's ot clear that you need this.

It would seem to me that you should be looking at the areas where you did score points to see whether you can get additional ones.

The following site is reasonably up to date with UTT Decision and presents them in a much more accessible way than the Tribunal Site.

www.pipinfo.net/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 5 months ago #172122 by Gordon
Replied by Gordon on topic PIP Descrpitors/Criteria
E

Welcome to the forum.

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


I'm afraid I think you will struggle to score points in the two activities that you highlight. Managing Toilet Needs is about the issues that a claimant has when at the toilet, not issues in getting to it in the first place. There is more opportunity to argue that you meet the Communicating activity criteria, but I think you would need to show that you need Communication Support in order to score points and it's ot clear that you need this.

It would seem to me that you should be looking at the areas where you did score points to see whether you can get additional ones.

The following site is reasonably up to date with UTT Decision and presents them in a much more accessible way than the Tribunal Site.

www.pipinfo.net/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

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