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Daily living allowance

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6 years 9 months ago #191989 by kenneth mackillop
Daily living allowance was created by kenneth mackillop
My husband has recently been to a PIP face to face meeting. ..however as he was in seizure at the time I had to answer the questions for him.I am his wife. After the meeting he was awarded the standard rate care component. ..however after receiving the letter from dwp with the answers that I gave I was annoyed to read that some of the answers about daily living were not portrayed in the way I answered them! I then called dwp to tell them this and to have a mandatory reconsideration and they asked me to provide medical evidence. I duly went to see my GP to ask if he could provide such evidence. He said that no he couldn't as this is part of our daily life and as such he was not privy to the information he would need to give that evidence. ..as a result the dwp decision remains the same. My husband suffers from non epileptic seizure disorder and post traumatic stress disorder. I have to be with him at all times...he finds it extremely difficult to do things for himself such as bathing and dressing so I do that for him he also finds it very stressful to be around people because sometimes he can't communicate as well as he might like....he doesn't make any financial decisions and he struggles to understand written text simply because his concentration levels are not good ...for example if he receives any letters from companies or dwp or hospital appointments I have to go through them with him and try to put it simplistically so he can understand what is being said.I am thinking of taking this to a tribunal as I really feel that the dwp have made the wrong decision. ..please could you help me to make them see that they have made wrong decision.
June Mackillop.
PS my husbands user name is Kennymack

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6 years 9 months ago #192039 by Gordon
Replied by Gordon on topic Daily living allowance
K

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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Two things to look at.

First go through his PIP2 and our PIP Claim guide to make sure that you have shown that he meets the criteria to score points. He needs to be able to complete the activities "reliably" on "the majority of days", have you taken this into account in your answers for him.

Secondly there has been a recent Tribunal Decision that changes the way that the DWP should look at risk, it's in the guide under Safety and supervision. If his seizures are infrequent then the DWP may have minimised their effect.

Whilst new evidence can be important to an MR it is not the only way to get the Decision revised.

Have you requested a copy of the assessment report? If not then contact the DWP office dealing with his claim.

I do have to warn you that revision rates at MR are very low, so be prepared to take it on to appeal where the rate is significantly higher.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

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

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