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transfer from DLA TO PIP and whether triggers review of ESA Support Group

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1 year 3 weeks ago #284217 by bisley
i have not posted here for many years. my low personal care DLA does (based on my physical disability) does not include my severe mental health problems. i need to apply for PIP to include this.. will my application trigger a review of my ESA Support group award which WAS based on my severe mental health unlike my DLA? it was granted on the basis of exceptional circumstances in 2012 , the eligibility for which i believe has been made more difficult since then. Due to my mental ill health , i did not not apply to review the DLA due to a bad tribunal experience. i am now much older and a couple years from retirement age. thank you.

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1 year 3 weeks ago #284229 by Gary
Hi bisley

You need to apply for a change of circumstances if your condition has deteriorated. If you report a Change then you should do so in writing as the date of your letter will be used to set the start date of any new award, Ideally, send it using a Track'd post so that you have proof of delivery.

Before you report a Change you should be certain that you would reasonably qualify for a higher award, not all deterioration or even new conditions will result in your scoring the points you need for a higher award.

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 or 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.

The fact that you can’t do the activity safely, to an acceptable standard, repeatedly or in a reasonable time, means you can’t do it at all for the purposes of the descriptors.

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.

When applying for PIP, it is not so much the condition per se that the DWP is interested in, but how that condition/s impacts a claimant's daily life and mobility as set out in the PIP criteria. We are not assessors or medical professionals, so cannot give a view on what you will get and at what level. Two people can have identical conditions but be given different awards.

Our guide to PIP claims and reviews goes through each question highlighting important issues that you need to consider in your answers and giving some sample answers; benefitsandwork.co.uk/guides-for-claimants/pip

If you have any further questions, then please return to the forum.

Gary

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

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1 year 3 weeks ago #284324 by bisley
thank you very much Gary. i did use your ESA guide in 2012. to secure the Support Group award. i have glanced at some pages of your PIP guide in the past and found it difficult and never proceeded any further. i have read that training material on PIP can be purchased. would you suggest that this would be easier to follow than the guide alone. without having done in depth reading of the forum or guides, how would you suggest i proceed. do i read the training material simultaneously with you guide or is one read before the other.? a benefits adviser has offered to assist me but i would not feel confident on relying on that person alone based on my experience in 2012. i would like to use B and W materials first because my experience in 2012 was that it was very comprehensive. unfortunately, my comprehension and concentration is not what it was, hence the need to work in tandem with a benefits adviser.

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1 year 3 weeks ago #284327 by Gary
Hi bisley

I cannot answer your question as I have not done the training material, I do find that the guides are well written, I would also recommend using the PIP self tester, this will give you an indication as to whether or not you may be eligible, as only you know your limitations PIP self test

You need to work what is best for you, I find quite often claimants forget to explain the why part of what they cannot do, such as preparing food test;

So if you can't cut up vegetables, you say why not.

1. Because of frequent bouts of dizziness you are only able to sit down for a few minutes (try and say what few is). and then you need to go and lay down.

2. Handling knives is impossible because of the lack of grip and safety issues and the real danger of hurting yourself, which is why your husband does all the cooking. (Remind them again here that when you are alone your husband leaves you cold food to eat.)

3. Because of the lack of grip you are unable to move pans, as you would drop them. You don't have the balance of strength.

4. Nor could you take a ready meal and put in in the microwave (you need to say why you can't do this - balance, grip, dizziness, lifting something out - the danger of burning and hurting yourself, being unable to stand).

5. You also need to say why you cannot sit on a perching stool (because of the dizziness).

You have to paint a picture in words, remember the assessor does not know you.

If you have any further questions please come back to the forum.

Gary

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