Wording on PIP2 Form. "I cannot" or "I am Unable" also using acceptable standard

Hi Waxwing

I think both of you are overthinking this and worrying too much. I know your brother is worrying because he's scared of getting it wrong and being turned down, and you're concerned because you want to give him the best support you can.

No one reading the form will think a claimant has said 'cannot' and they should have used 'unable' or vice versa. I've never heard an assessor query something like that. As you know, whatever language you use, there are no guarantees, and assessors have been known to misinterpret things that appear crystal clear to the claimant. All he is doing is tying himself up in knots and causing himself additional stress trying to get it perfect. And I sympathise with that after the experience he has already had, but he needs to try not to do that.

I just wanted to remind you of this.

Regulation 4(2A) PIP Regs 2013 provides that all PIP descriptor activities have to be completed
• safely
• repeatedly
• to an acceptable standard
• within a reasonable time

This is the so called 'reliability' criteria - all 4 must apply- if a claimants fails to meet even just one of the four this indicates they can't do that descriptor and may need help, an aid or actually can not do the task.

Safely - is there a substantial risk that harm might occur. So, if your brother had epilepsy, and a fit could occur causing danger then this indicates eg supervision for bathing- it doesn't matter whether the likelihood of the fit is infrequent; clearly a fit in the bath could have very serious consequences. Safety issues could comprise dropping knives, or hot pans/food whilst cooking or eating, but could also include leaving the cooker on, and running the risk of fire etc. Falls indicate safety issues, not hearing traffic coming could indicate the need for supervision if out walking.

Acceptable standard is not defined but kind of means the level of completion expected by others. Leaving large messes whilst cooking, or constantly spilling food off the plate or food probably isn't acceptable. Only being able to hear half the words being said is unlikely to be acceptable. Putting on clothes upside down or back to front with buttons not aligned with the button holes is unlikely to be acceptable.

In addition, significant amounts of pain will also be 'unacceptable". (And this is something that affects your brother)

Reasonable time- this is defined as no more than twice that of non-disabled person. If your brother takes too long again, this shows a need for an aid or physical help.

Some of these criteria overlap- if you are too slow then this probably isn't acceptable. Leaving slip hazards in kitchen could be both unsafe and unacceptable.

Finally, consider repetition, tasks need to be done as many times a day as reasonable. The repetition rate will vary across the descriptors.

Yes, he can use the language to an 'acceptable standard' - because they will understand that. Few people complete a PIP form in the same way they speak - it would be full of pauses, repetitions and in some cases swear words.

Hope this helps. Come back and ask if you have any further questions.

BIS

Hi Waxwing

Your brother is lucky to have you. I wish we could bottle the support you give him and share it with others. Too many people are trying to battle this alone. I am really keeping my fingers crossed that this time your brother will come out with a win.

BIS