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PIP Appeal
- ela67
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5 years 10 months ago #220397 by ela67
PIP Appeal was created by ela67
Hi. I wonder if I could ask a couple of questions about my son's PIP claim. I'm his appointee.
My son was in receipt of higher rate mobility DLA his whole life and has gone from this to zero PIP mobility allowance. I can't see good reason for this given his conditions have been present since birth, are lifelong and have not improved. I know the criteria are different between benefits, but have heard case law that goes against the DWP's decision in this type of situation. Would it be an argument I can use at tribunal?
Also, On page 1 of the assessor's report under "List all evidence considered alongside the consultation findings" the assessor only lists the PIP questionnaire and not the supporting evidence which I think makes the report unreliable. His medical notes aren't referred to in the report . Could I use this in my grounds for appeal (along with all the other arguments!)?
Thank you
My son was in receipt of higher rate mobility DLA his whole life and has gone from this to zero PIP mobility allowance. I can't see good reason for this given his conditions have been present since birth, are lifelong and have not improved. I know the criteria are different between benefits, but have heard case law that goes against the DWP's decision in this type of situation. Would it be an argument I can use at tribunal?
Also, On page 1 of the assessor's report under "List all evidence considered alongside the consultation findings" the assessor only lists the PIP questionnaire and not the supporting evidence which I think makes the report unreliable. His medical notes aren't referred to in the report . Could I use this in my grounds for appeal (along with all the other arguments!)?
Thank you
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- Gordon
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5 years 10 months ago #220418 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
Ela
So a DLA HRM award translates into a PIP Standard award with the claimant being considered as being unable to reliably stand and move (walk) more than 50m on the majority of days.
There is some Case Law for transfers that may be applicable, see
pipinfo.net/issues/transitional-issues
but this does not excuse you from showing the extent to which his walking is limited.
See our PIP Claim guides for further information
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
So a DLA HRM award translates into a PIP Standard award with the claimant being considered as being unable to reliably stand and move (walk) more than 50m on the majority of days.
There is some Case Law for transfers that may be applicable, see
pipinfo.net/issues/transitional-issues
but this does not excuse you from showing the extent to which his walking is limited.
See our PIP Claim guides for further information
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ela67
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5 years 10 months ago #220447 by ela67
Replied by ela67 on topic PIP Appeal
Thanks very much for the reply and links Gordon.
I'm contesting both components of mobility. I've marked down the reasons why and cross referenced this with info in various pediatrician's reports. I've marked clearly what he was awarded and what descriptor I think he is entitled to. Moving Around section I find more complicated. I've made it clear he can walk more than 200 metres but not when considering criteria reliably, repeatedly, reasonable timescale etc. He was awarded (a) and I think he should get (b).He has a lot here in medical notes and history to show extent to which is walking is limited, but not sure how it will go. Following a journey has has a lot of difficulties with. Again, I have paediatrician's reports that extend on this.
I'll have a look through the links.
Many thanks
E
I'm contesting both components of mobility. I've marked down the reasons why and cross referenced this with info in various pediatrician's reports. I've marked clearly what he was awarded and what descriptor I think he is entitled to. Moving Around section I find more complicated. I've made it clear he can walk more than 200 metres but not when considering criteria reliably, repeatedly, reasonable timescale etc. He was awarded (a) and I think he should get (b).He has a lot here in medical notes and history to show extent to which is walking is limited, but not sure how it will go. Following a journey has has a lot of difficulties with. Again, I have paediatrician's reports that extend on this.
I'll have a look through the links.
Many thanks
E
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- Gordon
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5 years 10 months ago #220460 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
Ela
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
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- ela67
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5 years 10 months ago #220509 by ela67
Replied by ela67 on topic PIP Appeal
That's really helpful thanks Gordon as I found the language in the Planning & following journeys descriptors confusing so this helps define things better.
My son has a number of physical disabilities and aspergers. He cannot use public transport unaided and his difficulties would be both psychological distress, autism related and physical. I'm stuck between knowing whether descriptor d or f would apply to him. I think the DWP guidelines say “A person should only be considered able to follow an unfamiliar journey if they would be capable of using public transport " Do you know if this also applies to familiar journeys? I'm assuming not as they have only used the term "unfamiliar".Thanks so much for your time.
My son has a number of physical disabilities and aspergers. He cannot use public transport unaided and his difficulties would be both psychological distress, autism related and physical. I'm stuck between knowing whether descriptor d or f would apply to him. I think the DWP guidelines say “A person should only be considered able to follow an unfamiliar journey if they would be capable of using public transport " Do you know if this also applies to familiar journeys? I'm assuming not as they have only used the term "unfamiliar".Thanks so much for your time.
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- Gordon
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5 years 10 months ago #220528 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
Ela
Don't rely on the use of Public Transport, it is not required by the legal definition of the Descriptor and there is no Case Law to support it being a requirement. Certainly, argue it but
you will need to explain why he cannot follow a route in a more general sense. He has to be able to do this reliably on the majority of days, so if there are issues of him doing this safely then you should mention them.
Gordon
Don't rely on the use of Public Transport, it is not required by the legal definition of the Descriptor and there is no Case Law to support it being a requirement. Certainly, argue it but
you will need to explain why he cannot follow a route in a more general sense. He has to be able to do this reliably on the majority of days, so if there are issues of him doing this safely then you should mention them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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