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PIP Activity 7

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3 days 10 hours ago #301893 by Sara
PIP Activity 7 was created by Sara
I objected to my daughter not scoring any points in this section and the complaint manager said that medical advisor on reviewing my complaint claimed that this question "relates to the functional ability to speak, hear and understand 2 sentences". I cannot find that requirement anywhere. Please can you tell me where that is stated (Tribunal decision or assessor' guide etc)? It appears to me that this contradicts the descriptors set out in the activity especially ( c ) (complex verbal information). Thank you.

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3 days 8 hours ago #301904 by LL26
Replied by LL26 on topic PIP Activity 7
Hi Sara

Descriptors
The descriptors for Activity 7 are -

Can express and understand verbal information unaided. 0 points
Needs to use an aid or appliance to be able to speak or hear. 2 points
Needs communication support to be able to express or understand complex verbal information. 4 points
Needs communication support to be able to express or understand basic verbal information. 8 points
Cannot express or understand verbal information at all even with communication support. 12 points

Relevant Definitions

basic verbal information” means information in [the claimant's] native language conveyed verbally in a simple sentence;
“communication support” means support from a person trained or experienced in communicating with people with specific communication needs, including interpreting verbal information into a non-verbal form and vice versa;
“complex verbal information” means information in [the claimant's] native language conveyed verbally in either more than one sentence or one complicated sentence;

So...you can see from the above that there is an element of truth of needing understanding of 2 sentences.
However, life is never that simple.
As with all descriptors, there are 4 'reliability' criteria- all must be met, and furthermore you need only consider what happens for the majority if health varies and can indicate better communication on a few days.
So the criteria (found in Regulation 4(2A) )are
• safely
• reasonable time
• acceptable standard
• repeatedly

Safely, perhaps this is less relevant for communication- it is hard to think when communication could give rise to a substantial risk of harm, unless perhaps a claimant has a permanent habit of giving unsafe false information such as 'Cross the road now' when a car is coming along. Or in terms of understanding a claimant perpetually misunderstands words so using the same example, the claimant misunderstands 'don't cross the road' as 'cross now'.

Reasonable time is over twice that of non disabled person. How long does it take to say a sentence. If reading something out aloud maybe 3 or 4 seconds.

However, communication requires thinking about what needs to be said, either to initiate a conversation or alternatively to formulate a response to someone. My analysis is as follows
Firstly if talking you need to be able to speak understandable words, which connect up together to make sense, in an appropriate context. It is more than just a set of words grouped correctly in a sentence. You need to be able to pronounce words clearly, get them in the correct order and be meaningful, rather than something purely random. Additionally there needs to be an ability to add nuance such as accenting, indicating a question etc.
The listener needs to be able to hear clearly, and understand each word and possibly the stress on the word- which may affect eg the urgency of an action now, or if the speaker is angry, joking etc.
All of these aspects of communication will need to be considered.
A slow drawn out manner of speaking or responding could indicate being too slow.
Unless you have an actual hearing or voice impairment most of communication issues will be concerning acceptable standard.
Confusion with words, mispronounciation, mumbling or perhaps repetition of the same thing, or purely random spoken sentences or responses could all be 'non acceptable'. If you repeat the question before responding this could indicate being too slow. Equally, if communication demands an action is required and a different action or no action is done this could be indicative of poor understanding.

Finally, repetition - this needs to be done across the whole day as many times as reasonably required. Unlike say preparing food or washing tasks which perhaps are only required say 2 or 3 times per day, arguably communication is 24/7.
If there is only a very small, insignificant time when you can't perform a specific PIP task during a day this will be disregarded, however if your health conditions realistically prevent you completing a certain PIP task safety, acceptably and within time for the whole day then you can't repeat.
This could be due to pain or fatigue or maybe anxiety or breathlessness (these states are likely to comprise not acceptable standard ). Recent cases concerning repetition have involved a functioning alcoholic whose ability to do most things tailed off considerably at tge end of the day. Another lady had sight problems that were much worst in the night, so she was unable to walk safely after dark. She couldn't repeat 'moving around' for the whole day. (Even though day time walking was unproblematic. )

The descriptor for reading has similar wording. A recent case on this said that although the test for complex written information isn't a very high test, it has to be meaningful and have relevance in actual life rather than be purely conceptual. I don't see why this reasoning shouldn't apply equally to descriptor 7.

Have think about your daughter's disabilities, and how they might fit within the 4 criteria, and whether those apply everyday, ir fir at least the majority of days.

I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo

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3 days 7 hours ago #301911 by Wendy Woo
Replied by Wendy Woo on topic PIP Activity 7
Thank you so much LL26 - this will be so helpful next time I have to fill out a PIP review form for my son.

Wendy Woo
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2 days 18 hours ago #301943 by Wendy Woo
Replied by Wendy Woo on topic PIP Activity 7
Hello again,

Having had another look at this post from LL26, I think it's so helpful it ought to be pinned at the top of the forum - I hope one of the Mods agrees with me and could do this please?

Communication problems without a physical cause, both with the spoken word and written information, are something that PIP assessors do not seem to understand at all - my son has never received any points for either of these descriptors, despite having a diagnosis of semantic pragmatic disorder (difficulty with the practicalities of language) which means he misunderstands almost everything that is said to him.

Safety is of paramount importance, especially if someone perpetually misunderstands safety instructions and then does the opposite of what is intended - this can have all sorts of repercussions, particularly in the workplace or, indeed, with regard to road safety, as in the example LL26 has given.

It's so hard to explain all this when completing the PIP form, especially when there is no physical reason for these problems.

Thank you again.

Best wishes,

Wendy Woo
The following user(s) said Thank You: lollo1, LL26

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2 days 17 hours ago #301946 by Sara
Replied by Sara on topic PIP Activity 7
Thank you! I think our issue is that ND Daughter has a uni degree so the presumption is that she is understands like an NT. In fact she had lots of support funded by DSA. There's a difference of course between receptive and expressive communication which assessor has overlooked (deliberatley?). Not helped by her psychologist saying she's intelligent and articulate. Intelligence is not connected to the SComm issues and articulate refers to expressive language. And assessor even said (in a separate general blurb area in report) that she doesn't understand nuance! Blimey, these people!
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2 days 14 hours ago #301967 by Chris
Replied by Chris on topic PIP Activity 7
Hi Wendy,

I have pinned this to the top of the forum, as I agree, it's a very interesting and helpful read - however, I'm not 100% sure if only certain topics are allowed to be pinned, so it may be removed from it's pin from someone else.

Regards, Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo

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