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Best strategy for a PIP increase?
- CharFace
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4 years 4 months ago #254440 by CharFace
Best strategy for a PIP increase? was created by CharFace
My PIP award was due to expire in June this year, and I filled in the form in January. The award was extended for six months because of the pandemic, I had a phone assessment a couple of months ago, and got the decision letter last week renewing my award of standard rate for both daily living and mobility.
With all the difficulties of getting support during a pandemic, my health has gone downhill pretty badly. The PIP decision is a fair one if based on what I wrote on the form, but not if based on my current situation - I'm basically housebound, and would really like to get enhanced mobility to cover the costs of that. I made my current state of health very clear in the phone assessment, but the decision letter contains some of the usual garbage, where things I said I could do a couple of times a month with great pain is described as 'you are able to...'
So my problem is, do I appeal the decision even though it's a reasonably accurate reflection of what I put on the form back in January? Or do I accept it, and put in a change of circumstances report, and risk having them tell me that I've accepted that I was only entitled to standard rate at the assessment date?
Thanks for any advice!
With all the difficulties of getting support during a pandemic, my health has gone downhill pretty badly. The PIP decision is a fair one if based on what I wrote on the form, but not if based on my current situation - I'm basically housebound, and would really like to get enhanced mobility to cover the costs of that. I made my current state of health very clear in the phone assessment, but the decision letter contains some of the usual garbage, where things I said I could do a couple of times a month with great pain is described as 'you are able to...'
So my problem is, do I appeal the decision even though it's a reasonably accurate reflection of what I put on the form back in January? Or do I accept it, and put in a change of circumstances report, and risk having them tell me that I've accepted that I was only entitled to standard rate at the assessment date?
Thanks for any advice!
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- BIS
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4 years 4 months ago #254447 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Best strategy for a PIP increase?
Hi Charlotte
Did you tell the assessor that your health had deteriorated on the call? If you didn't then I think you will struggle to get an increased award because it sounds from what you say - you had a fair assessment - bar some of the narrative that you disagree with.
You can put in for a 'change of circumstances' any time you want. A request will automatically trigger a review of your case and you will have to go through an assessment again. You will need to show that the deterioration of your health is likely to continue for the next 9 months. I don't know what your health issues are and you don't need to say so here. Just be aware that sometimes when people are housebound, they do not get scored as they hoped, simply because the DWP argue that if they are housebound they do not experience the difficulties that others do who leave the house. Therefore you need to show that you would leave the house if you could with help, rather than say you 'choose not to leave the house because it's better for you.' Not saying the DWP's attitude is right - just you need to avoid falling into that trap.
BIS
Did you tell the assessor that your health had deteriorated on the call? If you didn't then I think you will struggle to get an increased award because it sounds from what you say - you had a fair assessment - bar some of the narrative that you disagree with.
You can put in for a 'change of circumstances' any time you want. A request will automatically trigger a review of your case and you will have to go through an assessment again. You will need to show that the deterioration of your health is likely to continue for the next 9 months. I don't know what your health issues are and you don't need to say so here. Just be aware that sometimes when people are housebound, they do not get scored as they hoped, simply because the DWP argue that if they are housebound they do not experience the difficulties that others do who leave the house. Therefore you need to show that you would leave the house if you could with help, rather than say you 'choose not to leave the house because it's better for you.' Not saying the DWP's attitude is right - just you need to avoid falling into that trap.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, CharFace
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- CharFace
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4 years 4 months ago #254482 by CharFace
Replied by CharFace on topic Best strategy for a PIP increase?
Thanks BIS, very helpful advice on being housebound.
I told the phone assessor about the deterioration in my health many times, and was careful to say lots of 'I used to be able to manage... but now I can't/can do it less often', so everything I said reflected both my current limitations and what I'd said on the form.
I have CFS, so unfortunately the deterioration is an increase in pain and fatigue which I can't provide evidence for, or prove how long it will last!
I think it's worth getting a MR, there are certainly things in the report I can challenge - it says it's based on both the form and the telephone interview, and it's not my fault those were 9 months apart and my circumstances were different in each. I'm not sure it will lead to a higher reward, but there are other reasons to do it - I'm only scraping standard rate for daily living at the moment and it would be good to have a fairer allocation of points there as they seem to rely heavily on my past assessments when doing new ones. (I've been ill for 25 years but get 2-4 year benefit awards).
I told the phone assessor about the deterioration in my health many times, and was careful to say lots of 'I used to be able to manage... but now I can't/can do it less often', so everything I said reflected both my current limitations and what I'd said on the form.
I have CFS, so unfortunately the deterioration is an increase in pain and fatigue which I can't provide evidence for, or prove how long it will last!
I think it's worth getting a MR, there are certainly things in the report I can challenge - it says it's based on both the form and the telephone interview, and it's not my fault those were 9 months apart and my circumstances were different in each. I'm not sure it will lead to a higher reward, but there are other reasons to do it - I'm only scraping standard rate for daily living at the moment and it would be good to have a fairer allocation of points there as they seem to rely heavily on my past assessments when doing new ones. (I've been ill for 25 years but get 2-4 year benefit awards).
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- Gary
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4 years 4 months ago #254486 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Best strategy for a PIP increase?
Hi Charlotte
Have a look at our guide on PIP Appeals (which includes Mandatory Reconsiderations). It might help you make up your mind. If you are going to put in for an MR you need to do it within one month of the decision. You should also ring and ask for the assessment report which will give you more details on you were scored.
www.benefitsandwork.co.uk/help-for-claimants
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;
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
Have a look at our guide on PIP Appeals (which includes Mandatory Reconsiderations). It might help you make up your mind. If you are going to put in for an MR you need to do it within one month of the decision. You should also ring and ask for the assessment report which will give you more details on you were scored.
www.benefitsandwork.co.uk/help-for-claimants
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;
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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