× Members

PIP rules

More
10 years 7 months ago - 10 years 7 months ago #124962 by Fleur33
PIP rules was created by Fleur33
Hi all,
I have just recently come home from Hospital (neuro high dependency ward) and awaiting me was a brown envelope! I applied for PIP I think during early March, anyway, the letter states I have been awarded high care but they totally ignored what I wrote regarding my mobility and awarded me 10 point for difficulty in walking and 0 points for being able to follow a route unaided? They totally ignored the neurosurgeon, neurologist & the ophthalmologist reports regarding my problems with my vision and the difficulties I would experience following a route unaided, was clearly explained. (this would not be safe for me to attempt) Also the cardiologist & respiratory reports
They also totally ignored the A4 sheet which was typed ( not by myself) of my explanations and problems which occur daily and also the severe problems with my vision following brain surgery. This explains why I can and never will be able to follow a route unaided. I am not ever able to drive. They do seem to understand the severity of my illness but chose to ignore all of the above.

I would just like to know if it is possible to send PIP descriptors to them along with my copies when I ask them to look again at my decision to prove to them I did pass them.

Many thanks
Last edit: 10 years 7 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
10 years 7 months ago #124965 by Fleur33
Replied by Fleur33 on topic PIP explanation!!!
Hi all,

Re PIP award

It states the decision maker stated I have substantial difficulties with daily living and agree these include moving around but that it is noted I only have difficulty with this on occasion? I wish and then stated the majority of time I manage this unaided! How was this decision reached, were they reading someone else s reports at the time?? Yet I am awarded 10 points for moving around and 0 for planning and following a route unaided. Honestly, I am so upset.

I rely on my mobility allowance totally to get me to places without the higher award this wont be possible. I clearly stated my reasons which were all backed up with consultant reports so how they can award me 0 points for this descriptor is not right at all.

Thanks

Please Log in or Create an account to join the conversation.

More
10 years 7 months ago #124966 by Gordon
Replied by Gordon on topic PIP rules
Amber

Just to confirm that you scored 10 points for the Moving Around Descriptor and no points for the Going Out one.

You mention problems with your vision, do you have a Certificate of Visual Impairment?

I've spent some time searching the Regulations and the DWP guidance for PIP and I cannot find any definition of the level of problem that a claimant would need to have in regard to Descriptor 13D to apply, the rules for ESA are as follows, however, I cannot state their relevance to PIP, but would expect the requirement to be similar.

People with acuity below 3/60 on the Snellen chart would be considered as severely sight impaired. People with acuity of 3/60 but less than 6/60 with significant visual field restriction may also be registered as severely sight impaired. For sight impairment there is no formal definition, however those with acuity of 3/60 to 6/60 with a full visual field may be registered as sight impaired. Those who have a gross contraction of the visual field and vision of 6/18 or even better may also be registered as sight impaired. Further details of sight/severe sight impairment registration can be found at:

www.dh.gov.uk/prod_consum_dh/groups/dh_d...lasset/dh_078294.pdf


You can certainly quote the PIP Descriptors back to the DWP but you really need to concentrate on showing why you meet the criteria, as I indicated above, if you are relying on problems with your sight then you will need to provide appropriate certification of your problems.

If you are intending to ask for a Mandatory Reconsideration then you should have a look at OUR PIP MR & Appeal guide.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Fleur33

Please Log in or Create an account to join the conversation.

More
10 years 7 months ago #124968 by Fleur33
Replied by Fleur33 on topic PIP rules
Hi Gordon.

Thanks for replying so soon.

Yes, the descriptor was planning and following a route unaided which I was awarded got 0 points.It isn't only problems with my vision that I have following brain surgery that would make this task impossible but many other physical problems. I explained them all in detail proving it would not be safe for me to do so or even to attempt and I most certainly couldn't do it repeatedly. I do not understand why I was awarded 0 points when they had all the evidence from consultants to prove I could not pass this descriptor. Its like they are determined to slash benefits no matter what.
Thanks

Please Log in or Create an account to join the conversation.

More
10 years 7 months ago #124971 by Gordon
Replied by Gordon on topic PIP rules
Amber

It's difficult to offer advice without a better understanding of your problems and how you described them in relation to the Descriptors.

As a general rule you need to talk about what you cannot do rather than what you do not do, the change in emphasis may seem small but is important. You need to explain why you cannot do it and what would happen if you did.

If you condition is variable then you need to explain how it is variable, but you must also think about it context, as an example, the relevant period for getting dressed might reasonably be considered to be the immediate period after you get up, however, if you were talking about the time you can go out shopping then the period would likely be considered to be a lot longer. However, that does not mean that you should not include factors that would limit that time, for example you live in a village and the shop is only open 8am-6pm, or perhaps due to sight problems you cannot go out after dusk because even with street lighting there is not sufficient light for you to see.

If you have a friend or relative, it may be worth asking them to read through the relevant sections on the form and attached pages to see whether they come to the same conclusion as to your abilities as you intended, sometimes we are to close to our problems to explain them in a way that another would understand and relate to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Fleur33

Please Log in or Create an account to join the conversation.

More
10 years 7 months ago - 10 years 7 months ago #125045 by Fleur33
Replied by Fleur33 on topic PIP rules
Hi all,
I am in the process of asking them to look again re my mobility. However, I have tried to contact a Welfare rights adviser but there is no one available to help me for at least 4-5 weeks. I need to write within a month. CAB closed down in my are a while ago and despite calling another CAB in another city and leaving a voice mail they have not contacted me.
In desperation I rang three solicitors! I was told by each that due to the government stopping legal aid, they had no solicitor to help re Welfare advice as people on benefits can not afford the fees for advice. I then contacted a Law centre,which is 45 miles away as there is not one in my nearest city and was told they could not help or advise me as I was not in their area!

I have followed all the guides here on PIP for my application and just cant understand why they chose to ignore the facts that I am not able to follow a journey unaided.I clearly stated why it was not possible and I also stated I could not do this reliably safely or repeatedly. I had all the consultants reports and my GP letter proving this.

Any help appreciated as I have no where to go for help.
Thanks
Last edit: 10 years 7 months ago by bro58.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid