PIP.1043, Review, Can i ask for more points?

Hi Olympia,

Unfortunately due to the time lapse, you would not be able to appeal. There is an ultimate limit of 13 months after the decision to lodge an appeal, which is started by making a Mandatory Reconsideration. I appreciate that feel that DWP has ignored much of what you have said on the previous form. This is all too often the case! DWP will often award only 2 points for 'using an aid/appliance'. However this approach is not correct in law - you should be awarded the highest points value within the activity section where one or more apply. It is not clear why DWP do not apply the correct law, but I fear this is to minimise the amnount of benefit paid out. Your case is perhaps a good example of this - most people, especially those who do not have access to specialist welfare benefits advice, struggle to complete the PIP form, and find the assessment a gruelling process, there is often a long wait, and eventually some money arrives. The thought of going through an appeal, and the possibility of losing what you have got, often makes people reluctant to take appeals on, especially when some money is at last coming in. However, more often than not, appeals are successful, particularly at the tribunal, including when only a low award of PIP has been made by DWP, and this should be higher.

I presume that you have read the members guides - if not, please read these as there is a lot of helpful information that will help you with your new form. Think about each PIP activity carefully, and how your disabilities/illness causes problems when trying to perfrom the activity. I am sure there will be some activities you can do without difficulty, but some will be more problematic. See if you can work out how many points you should score on each one - be brutally honest with yourself, maybe ask a close friend/relative to score you as well. This will be the starting point for the form. Remember that every activity has to be done, safely, to a reasonable standard, within a reasonable time and repeatedly. If you can not do the activity at all, or can't do it safely, etc then you should be entitled to the maximum points allowed for that part of the activity, (bearing in mind that this may not be the maximum allowed under the section.) You only need to show that you can't do the activity, or can't do the activity safely etc for at least 50% of the time. So for example, under washing and bathing - if for the majority of the time you need help to wash your lower body 2 points -(4d) AND need help to get in/out of the bath, because it is unsafe without help and it is very tiring so it takes you much more than twice the time an non-disabled person would take, you should score 3 points -(4e) - because 3 points is clearly higher than 2. In this example I would write on the form 'I need help to get in/out of the bath, because....' Then you can explain why you need the help, and maybe give real example/s of what actually happens, either with the help, or what happens if no help. The guides give more examples of this. Assuming that your health has remained the same, make sure that you stress that your condition has not changed, and you can then say that eg 'since my accident I have always required help to get in/out of the bath.' If your condition is worse (or of course improved,) then say so. There is no guarantee that DWP will award the correct points, but hopefully they will. Medical evidence as well as a statement from someone who knows you can also boost your chance of success.

I know how frustrating it can be when DWP seem to blatantly ignore or undervalue disabitiies. I sincerely hope that this won't happen again. Wishing you all the best and fingers crossed. Good luck.

LL26