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Starting the DLA to PIP Battle
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6 years 5 months ago #201587 by Gordon
The PIP activities need to be repeatable but this has to be in the context of each activity.
So as an example, if she has to eat three cooked meals a day for medical reasons, then it would be reasonable for her to have to repeat the Food activity, but if not then the DWP will argue that she could have cereal for breakfast, a sandwich for lunch and it is only in the evening that she would need to cook.
In a similar vein, if she has continence problems then it would be reasonable to argue that she might have to wash or even bathe more than once a day, but if not then you will struggle to prove the need.
Gordon
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Replied by Gordon on topic Starting the DLA to PIP Battle
Rich wrote: I don't understand. The DWP guidance says that preparing two meals a day is not considered to be completing the activity repeatedly.
The PIP activities need to be repeatable but this has to be in the context of each activity.
So as an example, if she has to eat three cooked meals a day for medical reasons, then it would be reasonable for her to have to repeat the Food activity, but if not then the DWP will argue that she could have cereal for breakfast, a sandwich for lunch and it is only in the evening that she would need to cook.
In a similar vein, if she has continence problems then it would be reasonable to argue that she might have to wash or even bathe more than once a day, but if not then you will struggle to prove the need.
Gordon
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6 years 5 months ago #201589 by Gordon
Yes, DMs assign considerable weight to the assessment report, appeal panels take a much more balanced approach to looking at all of the evidence.
Gordon
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Replied by Gordon on topic Starting the DLA to PIP Battle
Capyboppy wrote: 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.
Yes, DMs assign considerable weight to the assessment report, appeal panels take a much more balanced approach to looking at all of the evidence.
Gordon
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- Rich
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6 years 5 months ago #201600 by Rich
Replied by Rich on topic Starting the DLA to PIP Battle
I am aware that all the meals don't have to be cooked but they do have to be prepared. My point is that she can't do it once a day let alone 3 times. She used to do it once a week or less but has not been able to do it at all for several months. This also doesn't take into account the time it took her to do it. or the safety aspect. We explained all this on the PIP2 form.
The F2F is supposed to be your opportunity to explain how your condition effects your daily life. It wasn't. The assessor blasted through the questions not giving us a chance to explain anything. He has ignored the evidence we provided without saying why.
I believe that my wife absolutely fits the descriptor of not being able to do the activity according to the DWP's own guidance. As the one who does prepare every meal, I think my evidence should carry some weight.
The F2F is supposed to be your opportunity to explain how your condition effects your daily life. It wasn't. The assessor blasted through the questions not giving us a chance to explain anything. He has ignored the evidence we provided without saying why.
I believe that my wife absolutely fits the descriptor of not being able to do the activity according to the DWP's own guidance. As the one who does prepare every meal, I think my evidence should carry some weight.
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6 years 5 months ago #201615 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Starting the DLA to PIP Battle
Rich
Then you need to argue this but you must also show that show that she cannot complete the activity with the use of aid or assistance from someone else.
Be careful of mentioning that you do all the cooking, she can only be assessed on the things that she cannot do, not those that she does not do.
Gordon
Then you need to argue this but you must also show that show that she cannot complete the activity with the use of aid or assistance from someone else.
Be careful of mentioning that you do all the cooking, she can only be assessed on the things that she cannot do, not those that she does not do.
Gordon
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- Rich
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6 years 5 months ago #201938 by Rich
Replied by Rich on topic Starting the DLA to PIP Battle
The result has arrived today. 12 points mobility, 9 daily living. What we expected if not what we were hoping for. The award is until 30th October 2024 though.
The notes say that her condition varies. It's primary progressive MS. We always said that it doesn't vary apart from getting worse over time.
She got an extra point for needing assistance with showering. We never said that. I am wondering if we ought to mention these things.
The letter mentions a stage before MR of asking them to explain the decision. I wonder if it is worth doing that.
The notes say that her condition varies. It's primary progressive MS. We always said that it doesn't vary apart from getting worse over time.
She got an extra point for needing assistance with showering. We never said that. I am wondering if we ought to mention these things.
The letter mentions a stage before MR of asking them to explain the decision. I wonder if it is worth doing that.
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6 years 5 months ago #201957 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Starting the DLA to PIP Battle
Rich
Whatever the DWP might suggest there are only two stages to challenging a Decision, a Mandatory Reconsideration and if that fails, an appeal.
If you want to understand their reasons for the Decision then give them a call, just don't expect any revision of it.
Gordon
Whatever the DWP might suggest there are only two stages to challenging a Decision, a Mandatory Reconsideration and if that fails, an appeal.
If you want to understand their reasons for the Decision then give them a call, just don't expect any revision of it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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