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11 months 2 weeks ago #284277 by Filey
Replied by Filey on topic Pip
Oh I know! I am about to ask a very long winded question on a new post , so if you are about, maybe you could advise, help. Thank you.

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11 months 2 weeks ago #284292 by Chris
Replied by Chris on topic Pip
Hiya,

Well I'll certainly try if it's within my scope of knowledge - If not, I'm sure one of the other more experienced mods will be able to assist.

Regards, Chris.

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

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11 months 2 weeks ago #284302 by Filey
Replied by Filey on topic Pip
Thank you. When I did my sons last tribunal he was working full time in a different job that he does now. The judge awarded his points back, 4 points each communication and engage face to face. I'm now doing his second tribunal appeal. He works 12 hour shifts on a 4 off and 4 on basis. They are not set days, some weeks it works out he's 4 days off work and 3 days at work in one full week. Also he has holidays throughout the year. He has 2 weeks off over Xmas and he has 17 days off throughout the year. I think dwp and health assessor have stopped his award with him working 12 hour shifts but they have not actually said this. They have just said a big paragraph of what is required for each of the levels of help. And they have finished off with that my son has the ability to carry out the daily living activities used to assess eligibility for Pip to an acceptable standard and for the majority of days. They have never put anything like this before. So I am assuming its because of his working hours. Do they take into consideration his holidays as it seems they have not . I have worked it out that he is off work more than he is at work in a full year. He also has a vast amount of support at work from his supervisor, one colleague and management which has enabled him to stay in work for the last 5 years. Previous jobs have not been as supportive and he's ended up getting the sack or walking out. I've put all this on the tribunal appeal. He does not just go into work , do his shift, then home. Somedays the difficulties he has on a daily basis , is far greater than on other days, for a whole range of reasons , which I have also told the tribunal. I was just unsure about the 50% of the time etc that he needs for Pip. Any thoughts at all? Plus life outside of work he needs support. His sister also goes to his work place if he is struggling with certain things. It can also work out, that if he has his normal 4 days off then books 4 days holiday, then he's due his next normal 4 days off which means he has 12 days off in total. Thanks in advance, I hope I havnt confused you!

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11 months 2 weeks ago #284317 by Chris
Replied by Chris on topic Pip
Hi Filey,

You haven't confused me, lol - it makes sense, I just don't have the knowledge yet to answer it.
One of the more experienced mods will have to with this. Some of them have been doing this for years, and me, I only started in August of this year, so whilst I enjoy trying to help people, and learn from the other mods - when it comes to more advanced queries, they are simply too far out my scope of knowledge to know where to start.
BIS/Gary/Gordon etc... are usually outstanding with the in depth queries - so hopefully one of them can assist.

Regards, Chris

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

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11 months 2 weeks ago #284321 by Filey
Replied by Filey on topic Pip
Aww. OK. Yes, I understand what you mean. Thanks anyway. Will they reply to this post to save me posting again or do I need to post it? Regards

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11 months 2 weeks ago #284340 by Gordon
Replied by Gordon on topic Pip
F

The DWP will be looking at his ability to complete each of the Activities, his work will only complicate this.

So, for the days he does work you will need to explain how he still meets the criteria to score points despite doing this.

In terms of the majority of days, the days he works, is off sick or is on holiday do not matter, they are all effectively the same. You need to explain his problems on all days and whether these total to the majority of days.

Gordon

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