× Members

PIP mobility

More
6 years 9 months ago #191518 by Gordon
Replied by Gordon on topic PIP mobility
XFACTOR

Descriptors (c), (d) and (f) were amended in March to restrict their applicability where the claimant suffers from overwhelming psychological distress.

The DWP had the option of making it clear as to when the new Descriptors were effective from, they didn't so they have to be taken as applying to all Decisions made on or after 16 March, even if the claim was started before then.

Gordon

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

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

More
6 years 9 months ago #191526 by DRAGON2009
Replied by DRAGON2009 on topic PIP mobility
Thank you Gordan
In the light of that it appears futile for me to argue for (d) and I do not consider myself compromised to the extent of (e) and so cannot argue for that. I understand the DWP are appealing that UT case (the one that led to them changing those descriptors) but I cannot see why if in actuality they have retrospectively changed the descriptots

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

More
6 years 9 months ago #191531 by Gordon
Replied by Gordon on topic PIP mobility
XFACTOR

The only fixed point in an assessment is the Decision, the process may have taken weeks for one person and months for another. They did have the option, they have done it in the past, to nominate a date for the start of an assessment process, they did not take up this option, which only leaves the Decision Date for the change to be applied from.

There argument is that the DWP guidance now is the same as the guidance before the change, so there is no change to the way that they would handle a claim now from one started before the 16th.

Gordon

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

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

More
6 years 9 months ago #191573 by DRAGON2009
Replied by DRAGON2009 on topic PIP mobility
Thank you Gordan. In the end I chose not to try and argue that in my MR as it seems futile . Decided to put max effort into the areas where I thought I could have been awarded a higher score eg 4 for supervision/ assistance cooking rather than 2 for prompting etc

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.