Moved from DLA to PIP - Now I lost it

Hi MS3

I can feel your frustration, unfortunately you are not alone, we hear your frustration from members all the time. The first thing you need to do is contact the DWP and ask for a copy of the assessors report.

When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

One of the first things is to understand the difference between DLA and PIP.

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 amount 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.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Hi MS3

Whilst waiting for the MR I would start to formulate my submission for an appeal, depending on how you set out the MR.

Just make sure that you read the Descriptors that you are being assessed against and then follow the formula in the PIP Claim guide.

I usually set out what the assessors has awarded and then set out when I believe should be awarded and why.

1. What is the health condition and what are the symptoms that cause you problems with the Descriptor.
2. Describe the problems you have, giving details and examples if you can.
3. If you use any aids or appliances, list them and explain why you use them.
4. If you need physical help, supervision or prompting, whether you actually get it or not, explain what you need and why you need it, including if you need help when using aids or appliances. If you can’t manage even with help from another person and have to have everything done for you, say so.
5. Say when during the day or night you have problems. For example, is it all the time, mostly in the morning or just in the evening?
6. If your condition varies, from day to day or week to week, try to explain how much it varies and what problems you have when you are at your best, worst and average.

Gary

Hi MS3

It is perfectly OK for you to type your answers and attach them as extra pages to the form, just make sure that each page has your full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.

I would not split your answers across the form and attached pages, do one or the other for each activity (not question), splitting it risks the second part of your answer not being read.

Attach the pages to the back of the form using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.

Gary