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DLA to. PIP to Review.
- Eileen Lawrence
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2 years 10 months ago #269381 by Eileen Lawrence
DLA to. PIP to Review. was created by Eileen Lawrence
Hi this is my first post and not good on computers.
Many years ago I was awarded the highest rate of Motability and the lowest rate of care for Life as it was then and my health has got a lot worse since. Then came the change over to PIP and life no longer meant “Life” and I just missed out by not quite being over 70 when you don’t have to apply for Pip.
I sat down and filled in the pages of the Pip etc and sent in all my evidence of the many illness that I’ve acquired over the 55 yrs since I was diagnosed as I had to have many major operations as have had lots of steroid medication causing more problems. I’ll try and cut it short as it went on and on. I had lots of evidence and my own G.P wrote a lengthy letter to add to it. I was then asked for more and I’d ring and asked for a review and they asked for more evidence. In the end they sent a reply before they would of received my mandatory letter saying it was only getting the standard motability and lowest care and would be reviewed in 2 years as I may improve.. I noticed at the top of one form one of my many illnesses is Cancer and someone had circled it in Red, although I’d sent all my letters from my Cancer hospital. My main illness is made much worse with stress and when they told.me to go to appeal, I was so ill with flare-ups. my husband told me to forget it as he said to me, you are going to end up back in hospital seriously ill. I called them and spoke to a gent who told me to apply again but I just asked could they return all my forms and medical evidence please. Then a lady called and said, I’ll send these in a few envelopes as you have 25 pieces of medical evidence. I said if we were to be examined by qualified doctors there would be no need for this, as the supposed medical assessment was done by a young kid who said I could do all sorts that he hadn’t even asked me about, it’s an illness that has no cure and just gets worse… So I had my car taken away and told to apply again in 2 years which will take me over the age to apply for Motability. Now I’ve received a letter for review and because of my age 72 I will not be able to apply for a car even if I got the award but they are now extending my next review for 10 yrs… ha I should be so lucky. I’m just wondering what this review is, it’s just a couple of pages and it actually says something about, would you be interested in a Motability car ???
Sorry this is long post but I’m wondering what it’s all for at my age and should I get someone to help me.. Many Thanks for this great site…
Many years ago I was awarded the highest rate of Motability and the lowest rate of care for Life as it was then and my health has got a lot worse since. Then came the change over to PIP and life no longer meant “Life” and I just missed out by not quite being over 70 when you don’t have to apply for Pip.
I sat down and filled in the pages of the Pip etc and sent in all my evidence of the many illness that I’ve acquired over the 55 yrs since I was diagnosed as I had to have many major operations as have had lots of steroid medication causing more problems. I’ll try and cut it short as it went on and on. I had lots of evidence and my own G.P wrote a lengthy letter to add to it. I was then asked for more and I’d ring and asked for a review and they asked for more evidence. In the end they sent a reply before they would of received my mandatory letter saying it was only getting the standard motability and lowest care and would be reviewed in 2 years as I may improve.. I noticed at the top of one form one of my many illnesses is Cancer and someone had circled it in Red, although I’d sent all my letters from my Cancer hospital. My main illness is made much worse with stress and when they told.me to go to appeal, I was so ill with flare-ups. my husband told me to forget it as he said to me, you are going to end up back in hospital seriously ill. I called them and spoke to a gent who told me to apply again but I just asked could they return all my forms and medical evidence please. Then a lady called and said, I’ll send these in a few envelopes as you have 25 pieces of medical evidence. I said if we were to be examined by qualified doctors there would be no need for this, as the supposed medical assessment was done by a young kid who said I could do all sorts that he hadn’t even asked me about, it’s an illness that has no cure and just gets worse… So I had my car taken away and told to apply again in 2 years which will take me over the age to apply for Motability. Now I’ve received a letter for review and because of my age 72 I will not be able to apply for a car even if I got the award but they are now extending my next review for 10 yrs… ha I should be so lucky. I’m just wondering what this review is, it’s just a couple of pages and it actually says something about, would you be interested in a Motability car ???
Sorry this is long post but I’m wondering what it’s all for at my age and should I get someone to help me.. Many Thanks for this great site…
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- Gary
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2 years 10 months ago #269431 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA to. PIP to Review.
Hi Elle308
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
The change over from DLA to PIP affected claimants whose DOB was after 08/04/48.
The problem with PIP is that the descriptors are different from DLA which is where a lot of claimants made the mistake in completing the PIP form.
PIP is substantially different from DLA and the criteria are stricter. PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive reduced awards or even no award at all on transfer.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimant's specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of 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.
So DLA referred to Cutting up food, eating or drinking, PIP looks at
a. Can take nutrition unaided. 0 points.
b. Needs –
(i) to use an aid or appliance to be able to take nutrition; or
(ii) supervision to be able to take nutrition; or
(iii) assistance to be able to cut up food. 2 points.
c. Needs a therapeutic source to be able to take nutrition. 2 points.
d. Needs prompting to be able to take nutrition. 4 points.
e. Needs assistance to be able to manage a therapeutic source to take nutrition. 6 points.
f. Cannot convey food and drink to their mouth and needs another person to do so. 10 points.
They should also be aware that there is less focus on the condition/s that people suffer from but their ability to fulfill the tasks as set out in the PIP criteria.
As you rightly say once you reach state pension age the mobility component of PIP cannot increase even if your mobility has deteriorated.
What you should have asked for when you had an assessment is a copy of the assessors report called a PA4, this would show you how the decision maker came to their decision. Quite often the assessors report is flawed with inaccuracies, we advise claimants to go through the report with a highlighter before applying for a mandatory reconsideration.
I would ask your local Welfare Rights Organisation to look at the letter for advice, as it does seem to be a bit strange but it is probably just a generic letter that has been sent out.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
The change over from DLA to PIP affected claimants whose DOB was after 08/04/48.
The problem with PIP is that the descriptors are different from DLA which is where a lot of claimants made the mistake in completing the PIP form.
PIP is substantially different from DLA and the criteria are stricter. PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive reduced awards or even no award at all on transfer.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimant's specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of 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.
So DLA referred to Cutting up food, eating or drinking, PIP looks at
a. Can take nutrition unaided. 0 points.
b. Needs –
(i) to use an aid or appliance to be able to take nutrition; or
(ii) supervision to be able to take nutrition; or
(iii) assistance to be able to cut up food. 2 points.
c. Needs a therapeutic source to be able to take nutrition. 2 points.
d. Needs prompting to be able to take nutrition. 4 points.
e. Needs assistance to be able to manage a therapeutic source to take nutrition. 6 points.
f. Cannot convey food and drink to their mouth and needs another person to do so. 10 points.
They should also be aware that there is less focus on the condition/s that people suffer from but their ability to fulfill the tasks as set out in the PIP criteria.
As you rightly say once you reach state pension age the mobility component of PIP cannot increase even if your mobility has deteriorated.
What you should have asked for when you had an assessment is a copy of the assessors report called a PA4, this would show you how the decision maker came to their decision. Quite often the assessors report is flawed with inaccuracies, we advise claimants to go through the report with a highlighter before applying for a mandatory reconsideration.
I would ask your local Welfare Rights Organisation to look at the letter for advice, as it does seem to be a bit strange but it is probably just a generic letter that has been sent out.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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