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DLA turning to PIP advice please?

13 replies

WiltshireGirl · 01/04/2019 11:14

I'm a bit worried at the moment as i've just recieved a letter saying my DLA benifit is stopping and being moved to PIP. I had a word with a friend of mine, and they stopped hers and she had to go to court to appeal. I have Aspbergers and anxiety and know nothing about court appeals, other then they are leanghty and complicated. if I lose my Pip then I'll have to give a lot of things up which I don't want to do. Can anyone advise me please?

I've rang up and they are going to send me a form, i have until April 20th, the clocks ticking and I'm really worried. :(

OP posts:
reenchantmentofeverydaylife · 02/04/2019 14:13

Best advice I can offer is to join the Benefits & Work website, where they have a forum with very helpful moderators. Also, for a small fee you can download their DLA to PIP claim guide, which helps a lot of people.

Also, check out the Money Matters section of Mumsnet Talk for old and recent PIP threads, which might be helpful.

Oh, and it sounds like the 20th April deadline is just the one where you have to confirm that you want to claim PIP instead of DLA. What happens then is you get a longer form which you have about 4 weeks to send back. Something you could do now is get the ball rolling for yourself by contacting your local MIND for support and seeing if you can get a CAB appointment.

Best of luck Flowers

BlankTimes · 02/04/2019 14:39

I've compiled this from different MN threads and advice elsewhere. If sentences start "I" or "I am" that doesn't necessarily mean me!

Definitely join the benefits and Work website and download their guides.

Also in the face to face assessment, if you can't do something they ask about, DO NOT answer "Yes, but" always answer "No, but.

I did all the evidence gathering and form filling for my relative, but was not appointee. Despite evidence from birth to present, we had to go to Tribunal, so do expect this to be a fight, not just a quick tick box exercise.
Here's a lot of info to help you. don't be put off, it's not impossible, but it can be very hard, you have to persevere.

First thread www.mumsnet.com/Talk/am_i_being_unreasonable/3107566-AIBU-to-be-terrified-of-my-PIP-assessment

Second thread www.mumsnet.com/Talk/am_i_being_unreasonable/3133923-To-think-that-my-PIP-assessor-has-deliberately-told-lies?pg=1

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Remember when describing any task on your forms that you CAN do, you have to be able to do it "reliably, repeatedly, safely, and in a timely manner" otherwise, it's a task you cannot do.

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Here's the CAB guide to PIP www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

I've just sent a load of info to a friend, here's some of it. I've copied these from several different online discussions.

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Bit of background; I was a PIP Disability Assessor for a while this year, until I decided that I couldn't work within the system with a good conscience, and left. I witnessed DA's who were trying their best, mostly, to help people with their claims. They (and I) were hamstrung both by our immediate employers, and a system (whether by accident or design) that discriminated against claimants with certain conditions. In the spirit of the release of 'I, Daniel Blake', which isn't about PIP but other failures of the benefit system, I've decided to give some general advice to those looking to claim PIP.

Firstly, let's look at initially making the claim. I would say the most vital point is this; PROVIDE EVIDENCE. The way that the claim form/questionnaire is worded implies that the DWP/ATOS/CAPITA or whoever will chase letters from GPS, specialists etc to back up your claim for you. In my experience, this doesn't happen. The onus is on you to provide this information, although it would be very easy to assume the opposite. Some photocopies of a recent prescription, letters detailing diagnoses and appointment dates, and evidence of secondary care involvement (especially people with mental health conditions) provide good evidence; if you haven't provided anything, then the DA has to go mostly on that short assessment with you. You may be horribly unwell or disabled for 5 days a week, if you're having a 'good day' on the assessment however, then your claim is in trouble. Evidence, Evidence, Evidence; I can't stress that enough. Don't let the DWP have the easy option; the decision they make is heavily dependent on the report written by the health professional that assesses you. The decision maker at the DWP has no medical qualifications of any sort.

If you have disabilities that cause you to have problems getting out (especially severe MH conditions), ask for a home assessment. The way the system is, if you have a MH condition involving severe anxiety or depression, or agoraphobia; then you attend a clinic appointment, it can be used as evidence that you aren't as bad as you claim that you are. The reasoning is that you can't be that ill if you can get to a clinic appointment. It's profoundly unfair, and a large part of why I left. Once again; evidence is so important.

Don't assume that the health professional that sees you knows much about your condition. In a working and well-designed system, those with certain conditions would be given appointments with HP's with a specialism in that area. It ain't so. You could get a general or MH nurse, an Occupational Therapist, a Physio or a Paramedic. It's completely random. If you can bring along a health professional of your own, then do. I'd advise anyone against attending by themselves. That's not because I don't trust the DA's; the vast majority are good people. It's just easy to forget things, and people with severe MH problems or learning disabilities/Autism really need an advocate of some sort.

If you're asked to do a set of 12 exercises (it's called the Musculoskeletal exam, or MSK), be sensible! I had people trying to please me by trying to do these despite evident pain; tell the DA why it would be difficult for you to do it. If you cannot do it, just do what you can and explain why. Completing those ridiculous exercises at personal cost, especially pain, will count against you. Don't make stuff up to help your claim (they'll see straight through it, and assume that you're dishonest), but don't put yourself at risk of harm by doing something that you can't. The DA has to take your safety into consideration when assessing what you can and can't do. Once again, evidence is key. If you need aids or adaptations to walk, or need to wear wrist supports etc, then bring/wear them. Help the DA to help you. They normally will.

Talking of assessments, if you report any MH conditions at all, then the DA will be observing you throughout the assessment for a Mental State Examination (MSE). In my opinion, this is even more badly designed that the MSK. A HP, who may or may not have any MH experience at all, will continually assess your mood, behaviour, anxiety etc throughout the assessment. It's completely subjective. If you have a serious MH condition, if you are in pain, if you are distressed or anxious then let it show to the DA. The stiff upper lip is the worst possible approach.

We were told that those 45 minutes were key. If a consultant wrote that you couldn't do something, then you did it in that 45 minute assessment (good day or not) then the weight of evidence would be on the assessment.

My opinion, for what it's worth, is that PIP discriminates against those with learning disabilities or MH conditions. Seriously. It's appalling. If you are turned down, then PLEASE appeal. You'd be surprised how many obtain PIP through appeal; it's often through providing further evidence. Don't give the DWP the chance to deny your rightful claim in the first place; provide that evidence when you first fill in the forms.

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Remember that they start assessing you long before you get into the room with the assessor. If you present yourself at the desk and speak to receptionist in a confident way, the report will say so, and draw the conclusion that you are able to interact with other people without any problems. They will note if you do not appear anxious, are able to make eye contact, appear "well-kempt" and "well dressed", so don't make a special effort to look smart and clean and engage with the assessor. If your usual outfit of choice is a gravy-stained hoody and some bobbly old leggings, wear it!

Take someone in with you. They will not be able to answer for you, but they will be able to help you express how your MH issues affect you.

For you to be deemed unable to do something, you must be unable to do it at least 50% of the time, so be very careful about using words like "sometimes", or "on a bad day". Use "usually" and "most of the time".
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When you go for the meeting, they watch you from when you approach the building, things like how you are walking, can you manage steps, open heavy doors, they know how far it is from the waiting room to the room the assessment takes place in to measure how far you can walk. Tell your husband to not dress up, if he wears tracksuit bottoms & sweatshirt normally then go to the meeting in them. At the meeting they go through the PIP form your husband filled in, they give you 3 words to remember, a simple money sum to work out & ask you to spell a simple word backwards. If they ask your husband to do any movements like bending, putting his arms above his head & behind his back, he is entitled to refuse if it will cause him pain. They test your grip, asking you to squeeze their hands. They are watching you all the time, my report even had that I could push my glasses back up as they were slipping down my nose, if they ask if you can do anything don't answer "Yes, but" they only put down the yes bit, reply "no, but....) Anything they ask how often you can do it, if you can't do it over 50% of the time then you can't do it at all. The key thing is you may be able to do something once, but can you do it reliably, repeatedly & safely? You are able to go in the assessment with your husband, it helps if you take notes of everything that is said & done, that way when you get the report you can pick up any discrepancies. About 5 days after the assessment you can ring the DWP to get a copy of the report, this will give you an indication of what award he is likely to get. When you get a decision letter, if you think the award isn't high enough, write a letter for a mandatory reconsideration asking them to look at the award again, use your notes to take apart the report & why you think it is wrong, you have a month from the date on the decision letter. Good luck.
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2 / 3 days after the assement ring the DWP / PIp and ask for a copy of the medical assement
This is basically the pip assessment report on the assement
From that you can work out if you need to tdo a MR. As you can see the points awarded on it
Do this straight away as if you need to appeal you won’t have much time so getting this form ASAP is important

Things they will pretty much always ask are
Do you work .
if you do work. They will pretty much assume that you are mobile have no problems communicating no problems in reading complex procedures . Able to plan and follow journeys to work

Do you have any pets
. If you say yes they will assume that you can walk the dog , s no mobility problems
Hold and control the dog lead - so no dexterity problems
Be able to follow and plan a route when walking the dog

If your claim is for mobility they watch you from the moment you enter the building it’s all on cctv
Often those with mobility problems are taken to the room the furthest away so that you can walk more than 20 meters so you then fail the mobility part of pip

If you wear a shirt with buttons they will assume no problems with your hand movement same for shoelaces
Try to wear loose fitting clothing with no belts buckles and buttons
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Even if it's recorded the interview with the assessor starts when they collect you from reception watching how you get up, navigate the door and walk to the assessment room. They check if you were reading/interacting with others or playing with your phone whilst waiting/ carrying bags/ have someone to help you or they make you wait to see how you cope after sitting waiting for a while. I got asked if I had a pet/ been to the cinema lately. Sounds like they are being friendly - they aren't . Both these questions are set questions / - I have a spinal injury so if I have a pet apparently it means I can bend down. Going to the cinema shows you can plan / go out. There's are fb advice groups advising claimants how to answer in ways that are truthful but cannot be twisted. I lost points because I cannot be depressed as I looked directly the assessor. I have to look directly at people as I have a fused neck and it is locked into looking forwards- the physio assessor who was a supposed spinal expert failed to mention that important fact.
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No one is saying lie , however if you answer yes you have a dog as a pet the assessors will assume that you can walk, it hold on to a lead, plan and follow journeys and anything else
However you may never walk the dog ,or do any of the above . Your wife or kids may take care of the dog . But if you say yes to having a dog they will assume that you do all the above .

Same as if you come and your wearing trainers with laces they will assume that you can bend down , put them on & tie up the laces
But it might be a case that your partner helps you do all of this .

The other question they will always ask you is how did you get here
Public transport or by car
If public transport this proves to the assessors that you have no problems in planning and carrying out a journey .No problems with stuff like social anxiety or being around other people . You can sit in one position for more than 30 Mins ( more important for ESA )

If you drive they ask how far it you had to drive to get to the assessment centre .
If it’s more than 30 Mins it means you can sit in a seated position for more than 30 Mins ( so no problem doing this in a office for work ). You are able to concentrate and perform complex movements and do more than one thing at a time .
That you have good dexterity in the hands and have no problems in using your legs / feet to change gears use the clutch

If your husband has a wheelchair due to his mobility make sure you use it on the day
If it’s prescribed wheelchair from an enablement center even better
If they ask your husband to get on to the medical table in the room he has to do it on his own . Your not able to help him
If he manages to do this they will say he has no problems in moving from one position to another position.

If he fails the assement ask your doctor to write a letter just outlining briefly yours husbands mobility problem & if his wheelchair is prescribed get the doctors to state that he uses a prescribed wheelchair if he has been referred to any pain clinic ask the doctor to mention this
Don't mention it’s for PIP just ask for a letter outlining his current problems
Take his prescription and all his tablets that he takes with you Make sure that you hand them to the assessor

Keep this letter for any appeal not only for PIP but for ESA if necessary

It’s also useful for future assement so that you can show that his mobility has not Improved ( if this is the case )
Other stuff to be aware of is if the assessor attempt to shake hands. This shows ( in their mind ) that you don’t suffer from anxiety , no problem meeting others and you have a decent grip / handshake

Also there are CCTV outside the buildings where you park / arrive
If your applying for PIP for mobility they will watch the CCTV to see how you arrived and entered the building.
So if you have a wheelchair make sure you take it and use it
Good luck and if you do need to appeal make sure that you do
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BlankTimes · 02/04/2019 14:40

This reply has been deleted

Message withdrawn at poster's request.

BlankTimes · 02/04/2019 14:48

Sorry, posted the first part twice Blush

Part 2

I'm a disability qualified tribunal member and I sit on PIP appeals.

Evidence that's useful-
GP records
Letters from specialists
A diary about your mood
Supporting documents from any agency that you work with

Daily living activities

  1. Preparing food- with MH- do you need prompting to eat?

2- taking nutrients- you'll score zero as it's about can you physically pick up food and put it in your mouth

3- Managing medication-
Do you use a dossett box?
Do you need prompting?

4- toileting needs- v hard to score without physical need

5- bathing- do you need prompting?

6- dressing- can you pick out weather appropriate clothing? Do you need prompting to change clothes when you're in an episode?

7- communicating- who comes with you to appointments? Can you understand complex info whilst in an episode?

8- social engagement- who? How often? Anyone?

9- reading- during an episode can you understand documents? Such as referrals? If not who helps and how

10- budgeting- ever had input from a debt specialist?

Mobility

1- can you plan a journey during an episode? Could you get there at the time needed?

2- is physical you'll score 0

go.mumsnet.com/?xs=1&id=470X1554755&url=www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf Use this link. If you are not successful then DO APPEAL!

Read up on regulation 4 "50% rule" and regulation 7 "fluctuating conditions"

pipinfo.net/issues/fluctuating-conditions
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WiltshireGirl · 03/04/2019 09:41

I've never heard of the Benefits & Work website. I've read the other thread, I've saved it because i need time to read it and I keep 'zoning out'

Sounds like hell the assesment, as far as I'm concerened the assesser may be nice, but their out to trick people.

Can yu please include a link to the Money Matters section of Mumsnet please? Many thanks.

OP posts:
PerkingFaintly · 03/04/2019 09:51

Wow, that's amazing, BlankTimes.Thanks

WiltshireGirl, I've just been through PIP refusal and a tribunal, which I won. The tribunal wasn't particularly lengthy, but the wait for it was.

I won't burden you with detail yet, because you might get the PIP first time, but do come back and ask for help if things get to that stage.

Meanwhile, yes, I highly recommend the Benefits and Work site. Their online guides are very good, and the writers understand that you might not be able to read much at a time.

BlankTimes · 03/04/2019 11:33

@Wiltshire Girl you asked for a link to Money Matters www.mumsnet.com/Talk/legal_money_matters

Benefits and Work www.benefitsandwork.co.uk/

Just plod through all the PIP info slowly, like I said I've compiled it from quite a few sources so when it starts with "I" it's not actually all by me, it's several peoples' experiences copied.

@PerkingFaintly thank-you. Really pleased you won at Tribunal. Our Judge was wonderful, we didn't need a hearing, as soon as we sat down, he apologised to us for having to attend and he said my relative should have been awarded enhanced rate of both parts on our initial application and said its inappropriate to set a term which means DWP review in 10 years from tribunal date. (last year)
He also said 'Had the DWP bothered to attend, I would have made them apologise to you as well'. What a Star

WiltshireGirl · 03/04/2019 17:39

Thanks for your replie's. My dad recommended i write a letter to my Dr, I said she retired so now when I go to the surgery for an appointment I'm not sure who I'll be seeing.

I'm terrified of the test as it's unfair and biast.

OP posts:
HJWT · 03/04/2019 17:44

@WiltshireGirl its a point scoring systems on different things can you dress yourself, cook for yourself, speak for yourself, deal with your own money, can you take direction, can you travel alone, do you have a carer ? X

mclaleli · 03/04/2019 17:47

Contact your local council for details of their welfare rights service. We have people who act on your behalf, they go all the way with it too, from filling out the initial form to representing you at appeal of necessary

WiltshireGirl · 03/04/2019 17:49

Contact your local council for details

Which dept please?

OP posts:
mclaleli · 03/04/2019 18:39

I just called the main council number (we have one number and then they put direct your call the the right department). Have a look at the website of your council, they may have information there regarding welfare rights

PerkingFaintly · 03/04/2019 19:13

Benefits & Work explains the points scoring system, so you can make sure your answers on the form thoroughly address the points you'll actually be scored on.

It can be tempting to answer the Qs too briefly, and not put down important info because the Q on the form hasn't directly asked for it.

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