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6 years 8 months ago #195252 by Prabha
Replied by Prabha on topic DLA to PIP
I am currently looking at question 9, communication. I have a question about descriptor c please “needs communication support to be able to express or understand complex verbal information”.

My question is; what is the upper end of the amount of verbal information which will fall within descriptor c? Let me explain what I mean by that ….

I understand that “complex verbal information” has a statutory definition and has been defined as information in your native language conveyed verbally in either more than one sentence or one complicated sentence.

My question is: how much information will fall under this phrase ‘more than one sentence’? Has its upper limit been defined anywhere? Taken literally, speaking 20 sentences (or understanding 20 sentences of another’s verbal information) would fall within ‘more than one sentence”, as would speaking (or understanding) 100 or 1000 sentences etc…

According to the Benefits and Work Guide, guidance for health professionals has given an example of a complex sentence:

“ I would like tea please; just a splash of milk and no sugar, as I always have sweeteners with me for when I go out”

However there is no example of ‘more than one sentence’.

The reason that I am asking this question is because I want to know if descriptor c has any relevance to the way in which my condition limits my capacity to communicate. Or are my difficulties totally irrelevant to question 7 on communication? My CFS causes cognitive symptoms of severe concentration and short term memory problems and ‘brain fog’ and in addition to this side effects from strong pain medication compounds these cognitive difficulties. Speaking and taking in what another says in a conversation (even a short one of 5 minutes) is one of the most exhausting of the PIP activities for me and massively exacerbates all of my CFS symptoms also including physical symptoms of severe fatigue and joint and muscle pain and muscle weakness. However, Im not sure if I fall within descriptor c because whilst my condition massively limits my ability to have even a short 5 minute conversation, my limitations are not to the extent that that I am unable to speak or understand one complex sentence. Does ‘more than one sentence’ cover a short conversation?

Is a limited capacity to have a short conversation totally irrelevant to the communication question and to descriptor c in particular?

Thank you so much in advance.

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6 years 8 months ago #195277 by Gordon
Replied by Gordon on topic DLA to PIP
Prabha

I'm not aware of any additional definitions for complex verbal information, the test is a strict one, but to put some context to it think of how a conversation typically works;

"How are you?"
- "OK"
"What have you been up to?"
- "Not much!"
"Would you like a drink? Tea or coffee? Milk? Sugar?"

If you are considering Descriptor (c) then you need to show that you need communication support, you don't mention this in your post. I understand that this may depend on the complexity of the communication but if you consider the definition for Basic Verbal Information then I think it's very much an issue of needing it or not needing it.

Gordon

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6 years 8 months ago #195298 by Prabha
Replied by Prabha on topic DLA to PIP
Thank you Gordon.

Yes, as you said, that is how a conversation typically works and your reference to a conversation is exactly what we would normally think of communication as meaning. But is in fact conversation of any relevance to question 9? This is what Im having difficulty understanding. None of the descriptors made any reference to conversation. The only descriptor that I think I have any hope of meeting is c, relating to complex verbal information. Your reply made reference to conversion, and it is certainly my hope that one could stretch the meaning of descriptor c to cover one's ability to have a conversation, but is that realistic? This is what I meant by, is an ability to speak and understand in a conversation of any relevance to question 7? or is it irrelevant?

I totally appreciate the separate point that you make - that descriptor c requires the need for communication support - and I can easily show this. But if descriptor c doesn't cover one's ability to have a conversation (but instead ones capacity to express or understand one complicated sentence, then Im not sure I can argue I fall within the descriptor.

Thank you again in advance for your help.

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6 years 8 months ago #195301 by Gordon
Replied by Gordon on topic DLA to PIP
Prabha

I think you are putting the cart before the horse, If you can show that you need communications support then you meet the criteria.

As I said in my previous post either you need it or your don't, if you do then it has to be in regard to complex verbal communication but it doesn't matter what this consists of, as the DWP only two types of communication; basic and complex, all you have to consider is communication that is not basic.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #195680 by Prabha
Replied by Prabha on topic DLA to PIP
So, after spending the last 8 weeks trying to fill in the PIP form (I started draft my answers before I received the form as I'm incredibly slow with writing due to cognitive difficulties) I have decided not to go through with my PIP claim. The stage that I am in the process at the moment is that I did the initial PIP telephone call and have been sent my form, but have not returned it and the deadline to do so is next week.

The reason that I have decided to withdraw is because I can't cope with the stress of the PIP process or having to focus so much on limitation in the form. I know that we ALL struggle with this, but I have just decided this time that I cant cope with going any further with this process. Its a challenging time at the mo, have just had a bereavement. But mostly, I just don't want to continue with the process.

I wanted to ask a few question please about the implications of withdrawing my PIP claim please. As background, I currently receive DLA at high rate mobility and middle rate care. I also receive income based ESA and am in the support group for that one. Finally, I also receive housing benefit and council tax benefit. My questions are please:

(1) I know that it is possible to notify the DWP of the withdrawal of a PIP claim by phone. But is it best to do it in writing? Any advantage to either method of notifying them?

(2) do you have to give a reason for withdrawing a claim?

(3) do you get into trouble in any way for withdrawing a claim?

(4) I know that, if your claim goes all the way to a decision your DLA doesn't stop until one month after the decision. Does the same apply if you withdraw a claim - i.e. does your DLA continue to be paid for one month after you notify them?

(5) whatever date the DLA stops being paid, I would like to understand the knock on effects please on my other benefits.

my ESA is income related and I am in the support group. I currently get two premiums as part of this, the enhanced and the severe disability premium. Im looking at my ESA award letter and it doesn't use these names for the premiums. it says one is "extra money because of the disability income guarantee (6) (is that the "enhanced disability premium"?) and "extra money because you are severely disabled" (7) (is that the "severe disability premium"?)

(8) do both of these premiums stop when my DLA stops, or just the severe disability premium?

(9) does my DLA being stopped have any implications for my housing benefit or council tax benefit? I have looked at my letters for both and nether of these explicitly mention that the amount I receive is contingent in any way on my DLA - DLA is discounted. I simply receive the LHA amount of housing benefit with no premiums or whatever. So Im assuming that DLA stopping (and any consequent changes to my ESA amount) won't trigger any changes to my HB or CTB?

(10) is it likely that my withdrawing my PIP claim will trigger the DWP writing to me to reassess my ESA, whether that be my means of sending me an ESA50 or asking me to attend a f2f or whatever? Just wondering whether they perhaps make an assumption if you withdraw your PIP claim that your condition must have improved, (or any other assumption)?

(11) If withdrawing a PIP claim does usually trigger DWP reassessing you ESA, is there any reason I can give for withdrawing my claim which will make it less likely for them to do this? I want to make it clear to them that it is NOT that my condition has improved but instead that I cant cope with the stress of the claiming process at the moment. Thats why I was wondering whether it is perhaps best to write to them to notify of the withdrawal of my PIP claim - so that there is a written record of my reasons for withdrawing which may hopefully make it less likely to trigger them to re-look at my ESA?

(12) finally, if I ever decide later that I would like to apply for PIP, could I still do so?

Im so sorry for the number of questions and the length of this post. I am so grateful for your time in answering. Im sure you appreciate that there is quite a lot to take in regarding the implications of withdrawing my claim.

Thank you so much in advance for your help. Im very grateful.

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6 years 8 months ago #195698 by Gordon
Replied by Gordon on topic DLA to PIP
Prabha

Please think carefully about doing this.

I'll try to answer your questions.

1. I would make the request in writing that way there is a paper trail that you can refer to if needed, phone calls should be recorded but retrieving a copy is not always easy. Send the letter by a tracked post so that you also have proof of delivery.

2. They may ask but there is nothing in the legislation that requires it but it may to your advantage to explain the problems you have had with dealing with the process.

3. No

4. The four week run on should still be payable, the Transfer legislation does not distinguish as to why a negative PIP Decision is being made.

5. Any Premiums enabled by your DLA will cease payment.

6. The Disability Income Guarantee is the Enhanced Disability Premium, this is enabled by your Support Group award so would be unaffected.

7. The Severe Disability Premium (because you are severely disabled, will cease as it is dependant on your DLA Care award.

8. The SDP will stop at the same time as your DLA.

9. As you are receiving ESA(IR) I would not expect your HB to be effected, although the calculation for what you are entitled to takes into account the Premiums you are entitled to.

Your Council Tax may be effected, although your ESA SG status may offset this, you need to speak to your Local Authority about this.

10. It's not impossible but it is not a given, that why I think you should stress your inability to deal with the process.

11. See previous answers

12. Yes. There is no waiting time for a new application.

Gordon

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