Filling in PIP review form quoting legislation. Yes or no

Hi jakkijax

Posts do not appear on the forum until one of the moderators has approved them.

BIS

Hi jakkijax,
I'm sorry that you feel confused. I think it is really important to remind DWP of the reliability criteria as mentioned in my previous post. No need to mention the actual word 'legislation ' when doing this. Just say "I'm not safe because..." "I can't do X repeatedly...".
I would actually refer to 'Reg. 7'' of this is relevant. Sometimes ( but perhaps more usually if you have to o MR or appeal then you might want even to quite the exact legal meaning if eg a descriptor test if DWP have not applied the law correctly.
There is a lot of information about PIP on the Internet generally so most claimants now know the correct tests and law. Unfortunately in my opinion based on many years as a benefits adviser the decisions from DWP are somewhat random. Some claimants with very obvious and well evidenced disability have to go to MR and appeal to tribunal, but others with similar disability and scarcely any or indeed no evidence get an appropriate award soon after they send in the claim form.
Thus whether or not DWP will actually take into account safety issues etc is hard to say, but there is a big danger that if you don't mention these issues on the claim form then your case might not be very strong.
There is a way round the problem of 'looking too intelligent'. Sit down with a trusted friend or relative and get them to fill out the form. (You just tell the answers, and stress you can't be acceptable, can't finish in a reasonable time....') Then at the end of the form or somewhere prominent next to the signature add a note 'This form was written by [my husband/friend] on my behalf. Or alternatively ( which again is totally true!) Just add a note to say that you have had help from a benefits advice organisation in order to complete the form)
Have another look at the members guides. Look at each descriptor set.
Each has a heading. Ask yourself a set of questions. Firstly just thinking about the heading - do I have problems with eg Taking Nutrition - the guides will explain that this is to do with physical eating and drinking.
Next question- if yes what problems do I have? Could an aid etc help? If not do I need a person's help and why? Help to chop food. Supervision to prevent choking. Supervision to prevent spitting out and not swallowing etc The therapeutic feeding is specialist tube feeding. Finally 2f deals with the inability to convey both food and drink to the mouth and needs someone else to do this. This is obviously only going to be awarded for profoundly disabled people.
If you decide you need supervision it is almost certainly going to be because you are not safe. Hence what s the problem about mentioning this? Similarly if fatigueir pain is your problem and you are unlikely to be able to repeat tge task across the whole day as many times as reasonably required - again thus references another of the reliability criteria.
Filling out PIP forms is soul destroying and confusing at any time. The important thing is to try and explain your disability as best as you can giving examples of what goes wrong and the help required. If DWP chooses to ignore your disability because it is one of their 'random' nul points. Yes it is a set back. Shout scream and rage if you must but then sit back grit teeth and breathe! Pick up the pen or laptop to complete the MR and or appeal form. You say it how it is. You are not a fraud. Most importantly don't worry.
I hope this clarifies.
LL26

Hi jakkijax,
Just a thought....
I believe that borderline personality disorder is also called EUPD which if memory serves right is emotional unstable personality disorder. You may wish to write this as a side note.
Borderline personality disorder is an unfortunate term, to the rather uninitiated assessor or decision maker borderline suggests you are not really unwell. ( Yes, it has happened!) As you may know, borderline is because the condition was originally thought to be on the divide between psychosis and neurosis. Websites such as mentalhealth-uk.org/help-and-information...isorder/what-is-bpd/
Explain this. There is a list of symptoms which you may experience. You could refer to this website or another trusted site such as NHS or similar and explain what BPD is and if you experience several of the symptoms in the list why not say that eg 6/7 are relevant for you.
Good luck.
Keep us updated how things go.
LL26