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PIP ; Daily Living- Zero!

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4 years 5 months ago #253600 by Blingbird
PIP ; Daily Living- Zero! was created by Blingbird
Hi,
After a telephone assessment for my husband for his PIP, we were thrilled to see the Enhanced Rate for mobility needs. However;... " At this time I cannot award you PIP for help with your daily living needs."???.
Now!, The issue of great concern here is the descriptors marked as zero, which are completely Wrong. He has never been able to read and understand basic/complex written information unaided, and the same goes for Budgeting. I have to do it all, and always have. he also needs help with monitoring his medication and Health. Added to this his condition has worsened, and he now has serious voice and breathing complications, post surgery for his condition. He has not been cured! I find this incredulous.
His last review resulted in a Tribunal 2016, where thankfully the Judge and Dr actually understood.
Have they "Cured Him" because I now receive Carers Allowance.?
I now have to write the obligatory MR letter. Any one like to suggest how I word this one.?
Regards .

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4 years 5 months ago #253605 by Gary
Replied by Gary on topic PIP ; Daily Living- Zero!
Hi Deborah

If you have not already done so, you should contact the DWP for a copy of the assessment report (PA4), I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, (but you do need a copy of the assessors report (PA4) before you do this), this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with. You can inform the DWP that you are not complaining about the mobility part but explain why you think the daily living component is wrong.

www.benefitsandwork.co.uk/help-for-claimants/pip

Remember your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.

We have a comprehensive guide to filling out the PIP form and appeals. It walks you through the entire process and will tell you the types of things you should be writing for each of the questions.

The size of the guide is daunting, but it will make the process of filling out the form a lot easier.

You can find it from the link below.

Guide to PIP claims and reviews

Come back if you have any specific questions after you have looked at the guide.

Gary

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

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4 years 5 months ago - 4 years 5 months ago #253606 by BIS
Replied by BIS on topic PIP ; Daily Living- Zero!
Hi Deborarh

I'm sorry that your husband has not received what he hoped for.

If you're going to challenge the report, the first thing you want to do is to get hold of the assessment report. It's quite hard to challenge if you're only looking at the decision report. You need to see what the assessor actually said. You can ring up and ask for it.

I don't know your husband or the difficulties he has - just be aware that it's quite hard to score on reading. If you didn't already you need to show that he can't recognise signs or read two sentences (and that can be anything). Regarding the budgeting you will need to show why he can't do it. (Some claimants don't score because they chose not to do it rather than they can't do it )

If his condition has deteriorated when you see the report you'll be able to make sure that it is noted in the report. Be aware, it is not enough to say that he has voice and breathing complications, you need to show how they impact his life against the specific PIP criteria.

Check out our Guide to PIP appeals which covers the MR process as well.

www.benefitsandwork.co.uk/help-for-claimants/pip

Come back if you have any more questions.

Sorry you have two almost identical answers - Gary and I are answering at the same time - but we don't know until we've posted it.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 5 months ago by BIS.

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