PIP till 2022, then extended, now finishing 2021.

Hi bmjohnson

The first question I would ask you appeal the initial decision, did you get a copy of the assessors report when you were assessed for PIP. If you did not, request a copy now, you can see how your previous assessor assessed you.

You should always contact PIP 48 hrs after an assessment for a copy of the assessors report, we hear quite often members being fobbed off that they cannot get a copy until a decision has been made, this is not true for PIP.

Unfortunately we have many similar tales on the forum as yours, DWP used to contact claimants 1 year before the end of their claim for a review, over time this has reduced to 6 months so being contacted now is not unusual. You can contact PIP and ask for an extension especially during the Christmas period due to postal issues.

To answer will they leave you alone after this, the answer is no, claimants of state pension age are receiving light touch reviews and on going which usually mean every 10 years.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amounOt of care (in time) during the day, the night or both, to help them with that bodily function.

PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Have a look at our comprehensive guides to help you with your review, complete your review as if it was a new claim.

If you look through the guide, it will give you some idea of how you might answer questions.

www.benefitsandwork.co.uk/help-for-claimants/pip#claims

Gary

Hi bmjohnson

I would agree with you and choose your battles wisely, discretion is the better part of valour.

In regards to your mobility, I would state that you told the assessor that you could only walk 20 m in 2 minutes and that this has not changed overtime.

One question I would ask is, what happens when you walk 20m? Do you have to stop to get your breath, if you do how long do you stop for, do you have to sit down or lean on something to catch your breath?

When compiling the form you have to be truthful, if your condition has deteriorated then say so, if your condition has not changed still set out how your condition affects you, I always advise claimants to complete a review form as if it was a new claim and use extra pages if you need to explain how your condition affects you, make sure you add your name and NI number to each page and number the pages i.e page 6 of 10.

Gary

Hi bmjohnson

You need to explain on your review form what you have explained on here about how your condition affects you.

Always ask for a copy of your assessment 48 hrs after the assessment, just to see what the assessor has written, if you disagree with anything and your award is less then you expected then apply for a MR, remember you have to meet the criteria to be awarded points, sometimes the way you answer a question can lead to points being awarded or not.

Gary