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PIP Review - Pre-empting reasons to award zero points.

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1 year 11 months ago #277114 by Jon-987
Good afternoon all,

I am still in the midst of helping my partner fill out her PIP review form.

We were wondering if it would be advisable to preempt some of the reasons for awarding no points.

For example, in her last review (five years ago) she was awarded zero points for engaging face to face with other people because she had a job. The assessor of course did not take into consideration any of the evidence which showed how the impacted upon her nor the social support she receives to be able to carry out that job. The DWP decision on this was ultimately overruled at a tribunal.

Would it be worth us mention the previous decision, the fact it was overruled and preempting a similar decision with a statement that would contradict it?

Hope that all makes sense,

Many thanks

Jon

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1 year 11 months ago #277124 by LL26
Hi Jon-987,
In these sorts of scenarios I always include a copy of the tribunal decision and explain the points that were awarded. Maybe you sent in a written submission (argument), to the tribunal explaining everything. If your health has remained the same as at tribunal you could include any submission, or just adapt it to reflect any changes in your disabilities. Emphasise that things are still the same or worse.
If you feel work is an issue, you could do a more detailed explanation of the work done and the (presumably) reasonable adjustments made to allow the work to be done. Maybe get the employer to write a letter confirming the adjustments and also to say how PIP are done ( or not) and help required.
Make sure you consider safety, reasonable time, acceptable standard and repetition (across the whole day as many times as reasonably required,) all 4 criteria must apply. You need to also consider what happens for the majority of days.
If more than 1 descriptor in a set applies, the highest value one will be the correct one, where this is equally. If not the most prevalent descriptor will be correct if they apply unequally.

I hope this helps.

LL26

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

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1 year 11 months ago #277125 by LL26
Hi Jon-987,
In these sorts of scenarios I always include a copy of the tribunal decision and explain the points that were awarded. Maybe you sent in a written submission (argument), to the tribunal explaining everything. If your health has remained the same as at tribunal you could include any submission, or just adapt it to reflect any changes in your disabilities. Emphasise that things are still the same or worse.
If you feel work is an issue, you could do a more detailed explanation of the work done and the (presumably) reasonable adjustments made to allow the work to be done. Maybe get the employer to write a letter confirming the adjustments and also to say how PIP are done ( or not) and help required.
Make sure you consider safety, reasonable time, acceptable standard and repetition (across the whole day as many times as reasonably required,) all 4 criteria must apply. You need to also consider what happens for the majority of days.
If more than 1 descriptor in a set applies, the highest value one will be the correct one, where this is equally. If not the most prevalent descriptor will be correct if they apply unequally.

I hope this helps.

LL26

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

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1 year 11 months ago #277138 by Jon-987
Hi,

Thank you so much for this. We have quite a detailed submission from the last tribunal so I will submit that along with all the other evidence. That was actually our second tribunal. The first one my partner was granted a two year award and then at the next review we needed to go through it all again at another tribunal. Thankfully they give us five years that time. We are fully expecting to have to do it all again this time around.

Just to clarify a particular point you made about the reliability criteria. Does this mean my partner needs to meet all four criteria to prove she can't do an activity? Or does it mean than you must be able to meet all four for the DWP to say you can reliably do an activity? Does that make sense?

Many thanks once again,
Jon

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1 year 11 months ago #277169 by LL26
Hi Jon-987,
All 4 criteria have to apply.
If one or more of the 4 criteria can not be met, then you should receive points at the level appropriate to the disability.
So, if an aid or appliance is sufficient to keep you safe or to reach an acceptable standard when eg cooking then you should score 2 pts. However, if the only way to be safe/acceptable etc is to have a human to assist, then your level of PIP points is at assistance.
If an aid or human can not allow you to be safe, acceptable timely or to repeat for the majority of days, then it is likely you cannot, as per my example cook and prepare food.
If it helps please read this post that I have recently answered in respect of walking ability, the analysis of the criteria is the same for all PIP descriptors. www.benefitsandwork.co.uk/kunena/10-dla-...ce-dependant-on-pain

Good luck.

LL26

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