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Starting the DLA to PIP Battle

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6 years 4 months ago #201519 by Rich
Replied by Rich on topic Starting the DLA to PIP Battle
Assessor's report arrived today. Enhanced mobility, 8 points for daily living and a 6 year review. She is only on lower rate care for DLA so that is an improvement. It also means that after 5 years as a full time, unpaid carer, I can apply for carer's allowance.

We will have to think very carefully about MR. The issues are preparing food and bathing.

She is supposed to be able to prepare food on most days. She might be able to struggle to do it once but the effort would leave her exhausted for the rest of the day. She certainly couldn't do it 3 times in a day.

The report says she needs assistance with showering. We never said that. She can do it using aids. But it takes a long time and again the effort is exhausting meaning she is not able to do it more than twice a week.

In both cases, I don't think he has taken account of the time it takes and being able to do it as often as is reasonably required. She certainly couldn't do both things on the same day.

We will have to wait for the actual decision letter and take it from there.

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6 years 4 months ago #201541 by Gordon
Replied by Gordon on topic Starting the DLA to PIP Battle
Rich

She is being assessed on her preparing and cooking one meal a day not three.

As to her bathing, did you explain why she cannot use aids for this? Also, there is no specific requirement for her to wash and bathe daily!

Gordon

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

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6 years 4 months ago #201547 by Rich
Replied by Rich on topic Starting the DLA to PIP Battle
This is from the DWP's own guide for the PIP assessment process.

Quote:

Where the act of completing the activity means the individual is unable to repeat the activity again, within a period when they could reasonably be expected to do so, they are likely to be considered as not completing the activity repeatedly.

For example, an individual can prepare their breakfast, but the exertion of doing so leaves them exhausted and they are unable to prepare their lunch as a result, but by the evening they have recovered enough to prepare an evening meal.

Because, after preparing breakfast, you would reasonably expect someone to be able to prepare a meal again by lunchtime, in this example the individual cannot be considered able to complete the activity repeatedly.

End Quote.

This is from September 2016. Has the guidance changed since then?

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6 years 4 months ago #201553 by Gordon
Replied by Gordon on topic Starting the DLA to PIP Battle
Rich

No the guidance has changed, but as I said there is no requirement for the claimant to prepare and cook more than meal a day or to wash daily.

Gordon

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

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6 years 4 months ago #201563 by Rich
Replied by Rich on topic Starting the DLA to PIP Battle
I don't understand. The DWP guidance says that preparing two meals a day is not considered to be completing the activity repeatedly.

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6 years 4 months ago #201569 by Capyboppy
Replied by Capyboppy on topic Starting the DLA to PIP Battle
Hi Rich.

I am pleased that your wife has received a higher rate. I would though advise caution if you are thinking of a Mandatory Consideration as they can take away as well as raise the award. As you know I just about passed for standard care and enhanced mobility. Going by the decision maker's report, there is a few things I didn't agree with. I am currently waiting for the assessors report even though I am sticking with the award; I want to see if or how it differs from the decision maker. For me personally, it was the mobility I was terrified of losing. Even though it sounds like I am very much like your wife with the exhaustion; the thought of losing my 'life-line' was devastating, even though being able to drive myself now has got less.

Do discuss it with your wife on if you think it is worth going for a MR, but bear in mind what could be lost too.

Gordon, do you find it is true that the decision maker tends to go by the assessor? Despite a good outcome I am still amazed they go so much by how they think you are or find you on the day.

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