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Low care DLA to PIP?

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4 years 10 months ago #234868 by Christine J
Low care DLA to PIP? was created by Christine J
I have heard the at the ones on lower care DLA are the ones most likely to be refused PIP - anyone else heard this or been the victim? My condition has deteriorated - it's very nature is degenerative, plus now I have other things to contend with due to years of pain and use of painkillers. The thing is I have been managing it for years by myself. I haven't been to the GP every time there has been an issue because I just knew what to do and how to fix it, unless it was a major incident. So now I have to convince PIP that I have 'trouble' on a daily basis. Of course I do, but everything I have to do to get out of the bed/ house in the morning is my 'normal' now. I have help from my son and partner who doesn't live with me but is on hand whenever I need him, but my GP partnership has no idea how my day to day life is. So how do I get the evidence to go with my PIP form? I was originally given indefinite DLA, but that means nothing now, so how do I ensure I get across the issues ( I have got diaries).
I have tried so hard for 30 years to not go down the depression slide and think negatively about everything (in fact I think my positive attitude is what has kept me mobile), but the thought of filling this form in and explaining that I have to ask my 21 year old son (who has special needs) to help me put my underwear on in a morning is just making me feel sick.
Sorry for the long post - I just need some advice - I need PIP or I will lose tax credits also and that will be 30% of my income gone :(
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4 years 10 months ago #234874 by BIS
Replied by BIS on topic Low care DLA to PIP?
HI C
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One of the first things is to understand the difference between DLA and PIP.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.




Now in terms of what should you do. You should have a look at the PIP guide and tackle one question at a time. Yes, it can seem overwhelming, but as you say in your post you cannot afford to lose, so you have to give it your best shot. Try and put the embarrassment aside. You must give them as clear a picture of the limitations that you have caused by your conditions as possible.

When it comes to describing the problems you have you need to think of three things at every question.

Think about breaking the activity down into smaller components where you can identify problems that you would have.

So for Preparing Food; you can break it down into preparing the food and cooking it, you can break preparing the food down into; selecting the right food, checking that it is still good to use, washing it, peeling and cutting as necessary.

Then think of the problems that you have and map them onto the activities, so physical problems might mean that have problems with peeling and cutting, mental health problems might mean that you don't actually get the food out in the first place, cognitive problems might mean that you do not select appropriate food or check that it is still in date.

For each combination explain why you are affected, how and whether help from an aid of a person would allow you to complete the activity, there is a formula in the guide for each activity of the things to include.

Lastly, when you are thinking about each activity, consider whether the problem you have would impact on your ability to do another activity. So physical problems with preparing food may also mean you have problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that you need help with money.

Don't try to tackle it all at once.

You say that you don't have any evidence - but you do. Include a sample from your diary, if you think it is relevant. Get your partner to write a letter confirming the difficulties you have and get them to sign and date it. Get a letter from your GP if you can confirming a diagnosis and/or any other information they are willing to give. (Not all GPs do). If you don't have evidence from consultants (and a lot of people don't) then it's even more important that you describe the difficulties in the right way and pay close attention to the criteria. Last year I helped someone receive PIP and we only had one piece of evidence - a one-sentence letter from a GP and we still got it - because we described the difficulties correctly. It can be done.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 10 months ago #234876 by Christine J
Replied by Christine J on topic Low care DLA to PIP?
Thank you BIS for your comprehensive response.

I have a post operative letter from the consultant from 2004 regarding 'no heavy lifting or bending for life'. Not sure if this is still relevant but I'd hope so, I am still alive after all! I have printed results of an MRI scan from May last year showing definite issues that would cause the pain that I get and the reason for the episodes. I have also found a clinic letter from 2013 showing the exact same issue, so that shows there has been no improvement and actually on the MRI results from last year it shows worsening of the condition. The GP has refused to do another MRI so soon, but I'd hope that they don't need one if they have evidence that it has deteriorated in 6 years. My difficulties are much the same ones as they were when I renewed my DLA claim in 2011, but looking back at my claim form, I have no idea how I got it!

I understand the need for the correct wording, I've been through this with my son and although he got enhanced for both parts and I did the forms with no help (I think it took 15 drafts) it was an awful process and one I hope we don't have to repeat anytime soon. He was awarded 'ongoing'. I am much better at fighting for other people than myself, so I'm going to pretend this is for someone else and maybe I'll get somewhere :S

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4 years 10 months ago #234892 by shwmae
Replied by shwmae on topic Low care DLA to PIP?
hi CJ- just to let you know I was also on low rate care DLA but have received PIP recently without having to appeal :)
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