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Advice regarding PIP award following bereavement

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7 years 11 months ago #158085 by Lawrence
Hello forum,

I am 80% blind and slightly hard of hearing. I was receiving lower rate mobility with DLA. I began the transfer from DLA to PIP last November. With the help of the downloads and advice on this forum, together with physical help completing the forms from a helpful member of the CAB followed by an assessment at home I was awarded Higher Rate Daily Living and Lower Rate Mobility in February of this year.

My beautiful wife passed away on the 28th April. We have no children or other family. We live in a small village in Cumbria. I don`t drive because of my eyesight but luckily there is still a regular bus service through the village.

My PIP award contained the usual catch all phrase `if your circumstances change`.

The main thrust of the Daily Living Component was that my wife prepared meals because I could potentially cut or burn myself. Simply because I am now alone I have to prepare meals myself and I have to risk using the bus service. I`m not unduly worried about this partly because I want to retain what independence I still have and partly because I don`t want to give in to the difficulties.

I assume that I received Lower Rate Mobility because my wife drove us everywhere and was there to ensure that I didn`t walk in front of a bus.

My question is should I report the change of circumstances and risk the ensuing review deciding that, even though there is long standing medical confirmation of my eye condition, I am coping and therefore don`t qualify for the award?

Any advice will be much appreciated.
lakeman

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7 years 11 months ago #158107 by Gordon
Lawrence

I am sorry for your loss.

I am struggling to answer your questions

On one hand, as far as I can see your conditions and limitations have not changed and therefore there has been no Change of Circumstances that you need to notify the DWP about.

However, your post suggests that you are now doing things that your award expects you not to be able to do, it may well be that you are not doing these to the standard required, that they take you longer than a normal person would, or that you are not doing them safely and if this is the case then there should be no issue with your award.

Unfortunately, this is something that only you can decide, what I would say is that however you manage in the house, your going out alone clearly is at odds with the criteria that would have awarded you Standard rate Mobility and is also an area that would potentially be visible to the DWP is they cared to look.

Gordon

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

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7 years 11 months ago #158141 by Lawrence
Thank you for the reply Gordon. I understand what you are saying.

The change of circumstance that I referred to was the death of my wife and therefore that my support system has disappeared. Her passing means that I don`t feel I have any alternative other than to risk the hazards of going out alone, I have no-one else. My medical situation hasn`t changed.

It appears that if two people have identical situations but one accepts the situation whereas the other attempts to make the best of things even if that involves personal risk then the latter stand a good chance of being penalised. That may seem a harsh comment but I am still very raw from the loss of my wife and trying to get on with my life.

Regards,
L

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7 years 11 months ago #158165 by Gordon
Lawrence

The problem is that there is little wiggle room in the legally defined criteria against which PIP claimants are assessed, whilst words such as "cannot" can be argued as not being absolute they none the less set an extremely high standard.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lawrence

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7 years 11 months ago #158197 by mommaduck
Replied by mommaduck on topic Advice regarding PIP award following bereavement
Can I risk putting in my two pennoth regarding this situation:

First of all, Lawrence, I am deeply sorry for your very recent loss.

The award is (care component) given on the help that you require, not the help that you actually get? So your care award should not be in danger. Your 'circumstances in this area have not changed'.

The fact that your wife (helper/carer) is no longer with you does not mean that you are any less entitled to your PIP award. In fact, your difficulties are all the more serious as your wife was with you 24/7. Most people do not have this level of care.

The award is there to use in anyway that you see fit so you could use the award to pay for help in the area's you have difficulty in, if this would be of benefit to you, and the DWP would not argue against this.

Many disabled people live alone (as I do myself) and are dependent upon paid help at times and family help at other times.

At other times, we struggle and put our self in danger as there is no other option if the paid carer or family member is sick themselves.

In fact my assessor wrote at the end of each descriptor 'cannot SAFELY, repeatedly and reliably'. So the fact that you are having to cope in the best way that you can does not mean that you can..safely, repeatedly and reliably.

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