Posted , 6 users are following.
my son has been refused pip. even though he has lots of heath problem since he was young and is admitted to hospital 3-4 times a year. the problem now is he still classed has disabled. he is 20 now and is poorly most of the time. pip does not consided this and base it on when you are well. so do you stop being disabled.
0 likes, 12 replies
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nadnad s38720
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anthony97723 s38720
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As Nad said we need to know a little more if we are to help you. Many claimants make the mistake of believing PIP is awarded simply because you suffer with a medical condition.
It is possible to be very ill and still not receive the benefit; there are regular posters on here who like your son have fallen short due to the system used to determine the level of disability.
There are ‘descriptors’ which are an attempted catch all for those who require extra help because of how their disability affects them. It covers everything from meals, washing/dressing, monitoring a health condition, budgeting decisions and mental health.
You have to score 8 points for standard, 12 points for enhanced care, 8 points for standard and 12 points for enhanced Mobility. In theory there are plenty of points up for grabs, but reality matching them to your specific disability can be a challenge.
marshall71 s38720
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Have a look at the website Benefits and work its has all the info on PIP's speak to CAB
s38720
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anthony97723 s38720
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The DWP are breaking their own rules if they are only looking at your son’s good days. The 50% rule should apply. This is taken from their own handbook.
Time periods, fluctuations and descriptor choices
“The impact of most health conditions and disabilities can fluctuate. Taking a view of ability over a longer period of time helps to iron out fluctuations and presents a more coherent picture of disabling effects. The descriptor choice should be based on consideration of a 12-month period. This should correlate with the Qualifying Period and Prospective Test for the benefit – so in the 3 months before the assessment and in the 9 months after.
A scoring descriptor can apply to claimants in an activity where their impairment(s) affect(s) their ability to complete an activity, at some stage of the day, on more than 50% of days in the 12-month period. ”
There is no provision for looking only at the good days. What should happen is if he is able to carry out a descriptor (e.g. prepare a meal) for more days than he can’t then yes he would score zero.
However, if he is spending most of his time in bed due to severe depression then it is hard to understand how he is preparing food (again as an example) more than 50% of the time?
If I were you I would definitely appeal on grounds that the assessment has not taken into consideration the full impact of your son’s physical and mental impairments on his ability to perform tasks more than 50% of the days over a 12 months period.
s38720 anthony97723
Posted
he told me unlike the dla that he was on was based on bad days and pip is based on good days. the pip seemed how my son was at the interview. he had just come out of hospital so was pumped full of striods and antibiotics. i did say that that seemed unfair. the review was done over the phone and he told me it would take 4 to 16 weeks to hear back again but i only have 4 weeks to submit extra hospital information. he also did not tell me it was 50% of the days over 12 months. thank you for your help i will appeal again if we fail this second one.
les59996 s38720
Posted
Medical evidence to support the claim on it's own is one thing, but I for the life of me cannot see how anybody can argue over the 50% rule if the DWP dig their heels in.
I suppose a diary covering a 12 month period might help and considering that the onus is clearly on the claimant to prove their claim during the MR and tribunal appeal processes what evidence you do submit will have to pass the test 'on the balance of probabilities'.
I have good, bad and indifferent days, but if anybody actually asked me to prove on the balance of probabilities that my bad days exceeded 183 days across the year I could not do it - and neither could any of my health professional that look after me.
I see having that to prove is one massive hill for you to climb.
anthony97723 les59996
Posted
However, in this case the poster has stated that her son’s PIP was turned down on the grounds that they only look at his ‘good days’ and have not applied the 50% rule.
If that is true then clearly the DWP are not abiding by their rules and that should form the basis of the appeal.
In this case it seems mental health and severe depression form a main part of the problem so intervention is the key. If the poster has to intervene to prompt or assist her son more than 50% of the time then the PIP descriptors will apply.
Balance of Probabilities is not the same as beyond reasonable doubt. A diary, signed affidavits, supporting medical evidence plus a ‘creditable’ explanation can be enough to get a claimant over the 50% threshold which tips the balance of probabilities in their favour.
I would always encourage claimants to try in this case but of course warn them that they will be facing a difficult task and nothing is guaranteed.
les59996 anthony97723
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Thanks, I do know the difference in arguing under civil law V criminal law.
The way I read the OP's opinion is that the DWP have considered the 50% rule and come down in favour that his good days exceed his bad ones. So yes they are looking at the majority of days only which are good ones.
janice90590 s38720
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les59996 janice90590
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The claimant has to show with evidence what difficuties they have because of the conditions and to fit those difficulties to the various PIP descriptors to gain enough points - min of 8 for care/mobility
If I listed down all of my ailments
les59996
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