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PIP-AR1 - 3 MORE QUESTIONS: communication activities/point challenges/evidence

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1 year 5 months ago #281086 by Gary
Hi twinkerzzz

I think you are going round in circles , I cannot think what else to add than what Gordon has already stated, lets see what forum members come up with to assist you.

Gary

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1 year 5 months ago #281098 by Gordon
twinkerzzz

I don't think we are at a stalemate, I have been explaining the criteria you need to meet in order to score for this activity, you have been explaining how you believe you meet it.

I think you have done a good job of doing this.

To confirm, I am not saying that reliably and prompting do not matter, quite the opposite.

I can't say whether you would score, you clearly have problems but those assessing you may not see cognitive issues at the same priority as we do.

So, activity 7. This is again seen as primarily a physical test for those who are deaf or hearing impaired or those who are mute or have difficulty talking. You may be able to score due to your conditions but I think it less likely than for the Reading activity.

Anxiety can be a factor for this activity but the case law makes it clear that it would need to extreme to score.

Activity 9 is about your ability to socialise with others, anxiety is much more a factor for this activity, note the change from Communications Support to Social Support, this is definitely something that a relative could provide.

Gordon

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1 year 5 months ago #281125 by twinkerzzz
Hi

thanks for all the keeping with this -
I think what i'll do is put forward my case and then report back to this thread what the outcome was once ive got a final decision and when i get my sars docs - that way if they do take cognition into account then i can let you / bnw know. - so keep this active maybe so i can add additional post in about 1-2 months time...if poss

for the activty 7 speaking - the bnw pip guide definately states Top of page 62 :
"Guidance issued by the DWP suggests that communication support can include people like professional signers, but it can also include: ‘someone directly experienced in communicating with the claimant themselves (for example, a family member)’."
So i would take this to stand as a clear inclusion of a family member - no ambiguity inferred (?).

There seems to be alot of ambiguity around activity 7 and 8 in terms of previous key terms given working legal frameworks but which dont hold up for these 2 because both activities are being reported to have been legally defined as primarily treated as a physical health assessment.

I don't think the questions as they are worded indicate that clearly enough in the PIP 2 and that the guidance in the BnW PIP guide is also contrary and ambiguous when advising on these activities. By that i mean previously established word definations suddenly don't apply and physical assessment is strongly inferred but not stated out right whilst how to apply mental issues is silently side stepped without any mention at all - all of which is very confusing. maybe you could consider this in furutre reviews of the guide as it's been tricky to figure all this out.

I'll let you know my outcome soon
cheers for the help
sp

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1 year 5 months ago #281133 by Gordon
twinkerzzz

You need to understand how PIP operates.

There is the law, the guide explains what is included, what is defined and where three-Judge UTT panels have amended the operation of the law, a lot of the adjustments for mental health issues have come in via the UTT.

Then there are those that are assessing you.

Assessors attend a six week training course on how to execute an assessment which includes the criteria. This is backed up by a three volume assessment guide, one of which covers the criteria.

Then you have Decision Makers, in addition to the assessment guide they also have a set of guidelines interpreting the law, they have no discretion to step outside the rules they are given. It is also important to note that they have no medical training.

Here's what the law says for reading, there are definitions as well but these are the Descriptors.

8. Reading and understanding signs, symbols and words.
a. Can read and understand basic and complex written information either unaided or using spectacles or contact lenses.
b. Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information.
c. Needs prompting to be able to read or understand complex written information.
d. Needs prompting to be able to read or understand basic written information.
e. Cannot read or understand signs, symbols or words at all.

No mention of mental health issues, of course the interpretation of the above has been adjusted to legally include these problems, but if those assessing you use the above as a starting point and perhaps go no further, which unfortunately happens, then it is easy to understand why mental health problems are depreciated.

That is why I have coaxed you into explaining your problems in more detail, you have to make it impossible for them to ignore your issues with these activities.

Gordon

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1 year 5 months ago #281188 by twinkerzzz
Hi
thanks - well i think i have done that and chatting in this post has helped me devise the extent of answer i have gone into

like i say - i will report back the result when i get it

thanks for all the time - appreicated

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