Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: PIP

PIP 3 months 2 weeks ago #196256

Hi everyone

Well the dreaded letter has arrived for my 67 year old husband to transfer from DLA to PIP, for 15 years he has suffered with clinical depression/anxiety, which is what his DLA claim was based on, his pysical health has significantly deteriorated over the last couple of years, diagnosed with Prostate cancer, and severe osteoarthritis in both hip's and right knee and is now schedule for the first operation for a left total hip replacement in October, then next year, total right knee replacement, then right hip replacement, so quite a bit ahead for him to deal with on top of his sustained mental illness, and having to face the op's, not the best time to receive the transfer, his mobility is severely compromised because of the arthritis, how do i get it over on the form, do i explain how he is now, and detail the operations, obviously he will have to use crutches and need alot more help following the op's, will they take this into account when doing the assesment and maybe not send him for a f2f based on the evidence confirming the op and detailed letter from his consultant? any advice would be great, where do i start!!

Best wishes

Please Log in or Create an account to join the conversation.

SWEETHEART

PIP 3 months 2 weeks ago #196283

Sweetheart

He is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.

Specifically for the Moving Around activity, if he is able to walk but he is in severe pain when doing so, then you can argue that his walking is not to a necessary standard and should be disregarded.

The legal test requires him to stand and then move (walk), so if he have problems getting up then you should document these as well.

If he walks slowly then it must take him at least twice the time to cover the same distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop during the walk.

He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example what can he walk in your house, how far is the toilet from where he normally sit, things that will count against him are any trips that he makes outside, so for example, how do you do your shopping?

He must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

www.benefitsandwork.co.uk/help-for-claimants/pip

So you need to explain what he can do, how he is limited and why.

Whilst you should mention the requirement for the operations in support of his problems, I would not go into timescales or any expectations of how he will be after them., this is an assessment of how he is now and not how he might be in the future. If the ops happen and they result in an improvement then you can report this to the DWP at that time.

Gordon
The following user(s) said Thank You: Sweetheart

Please Log in or Create an account to join the conversation.

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

PIP 3 months 2 weeks ago #196320

As this is a transfer from DLA to PIP after retirement age are you aware of the mobility clause ?

Please Log in or Create an account to join the conversation.

PIP 3 months 2 weeks ago #196347

Hi thanks for your message, do you mean that the mobility cannot be increased from what he currently receives on DLA?

Best wishes

Please Log in or Create an account to join the conversation.

SWEETHEART

PIP 3 months 2 weeks ago #196361

Sweetheart wrote: Hi thanks for your message, do you mean that the mobility cannot be increased from what he currently receives on DLA?

Best wishes


No, this is a completely new, start from scratch assessment for PIP and you can be awarded either of the available rates, however, the PIP Decision will set the highest rate that you can receive in future reassessments.

So if you receive the Enhanced rate you can continue to receive that rate in the future if you continue to meet the criteria.

If you receive Standard rate then you can continue to receive that rate in the future if you continue to meet the criteria but you cannot receive the Enhanced rate after a future assessment, even if you meet the criteria,

If you receive no award then you cannot receive a Mobility award at a future reassessment even if you meet the criteria.

This is the same as the current DLA rules.

Gordon
The following user(s) said Thank You: Sweetheart, David

Please Log in or Create an account to join the conversation.

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

PIP 3 months 4 days ago #197156

Hi
I have asked for an extension to return husband's PIP form, no problem getting 14 days extra and was told if you need more time just ring and they will consider d, explained the reason for the delay due to various hospital/doctors appointments before left hip replacement on 3rd October and various other medical issues.

Could i just ask, what are the chances of him getting either a paper based assesment or a home visit for F2F if they require one once they receive the completed form and evidence, as hubby will be incapacitated for a while after operation, we have asked the doctor for a letter requiring home assesment and although she is fab she advised the practice have stopped doing these letters as there were so many requests.

Best Wishes x

Please Log in or Create an account to join the conversation.

SWEETHEART
Moderators: bro58GordonMrs HurtybackIzzy1010