PIP Tribunal help please.

Trotski

My journey began in August 2013. I was awarded high rate mobility but missed out on daily living by 2 points. No change in award after mandatory consideration.
I want to base my case on 'reliability' which states, among other things in a reasonable time period. In particular if I dressed myself it would take me over twice as long as an able bodied person. OH therefore dresses me.
I tried to highlight this in the mandatory reconsideration but failed to convince DWP.
Has anyone got any experience of challenging on 'reliability' ?
My tribunal is in 2 weeks time.
Thank you.

pmlindyloo

Trotski wrote: »

My journey began in August 2013. I was awarded high rate mobility but missed out on daily living by 2 points. No change in award after mandatory consideration.
I want to base my case on 'reliability' which states, among other things in a reasonable time period. In particular if I dressed myself it would take me over twice as long as an able bodied person. OH therefore dresses me.
I tried to highlight this in the mandatory reconsideration but failed to convince DWP.
Has anyone got any experience of challenging on 'reliability' ?
My tribunal is in 2 weeks time.
Thank you.

It is a little difficult to answer your question as the PIP descriptors separate the upper and lower part of the body in the descriptors.

a. Can dress and undress unaided. 0
b. Needs to use an aid or appliance to be able to
dress or undress.
2
c. Needs either -
(i) prompting to be able to dress, undress or
determine appropriate circumstances for remaining
clothed; or
(ii) prompting or assistance to be able to select
appropriate clothing.
2
d. Needs assistance to be able to dress or undress
their lower body.
2
e. Needs assistance to be able to dress or undress
their upper body.
4
6. Dressing
and
undressing
f. Cannot dress or undress at all. 8

Are you trying to gain the 8 points - cannot dress or undress at all?

I will try and suggest some things as regards reliability.

An explanation of why it takes so long would be sensible - so, cannot do up zips/buttons because......., makes you breathless if you attempt it - have to stop and gather your strength, cannot reach your arm up/bend comfortably/feel dizzy - basically the reasons why you cannot do it in the time a person without your disabilities could do it.

Keeping a diary is a good idea. Got up, dressed by *****. felt ...... had to lie down. Ditto for when going to bed. Perhaps also, tried to get dressed, went to put on my ...but........... Took me ..........mins/hrs...felt............had to rest for ......

If your doctor can write a supporting letter having witnessed your difficulties or stating that dressing/undressing would present such and such difficulties because of .........and also mentioning how long it would take.

If you have a carer they could write also outlining the problems and give a day to day account.

In some ways you have to marry up your disability/illness ad how it prevents you from dressing and undressing in a timely manner.

Hope this helps a bit.

rogerblack

You do not have to be unable to do a thing, only to be under half the speed of a normal non-disabled person.

However.
Reasonable adjustments apply to this.
If you habitually wear a button-up bit of clothing, but could manage in reasonable time if it was a pull-over, or a zip, then that may in principle be considered as being able to do the activity.

'I can't do up buttons' - if you habitually wear clothes with no buttons - should not get you any points at all, for example.

If, in no case can you reasonably dress yourself in a reasonable time period, then yes, you are in principle entitled to that point.

Giving details as outlined above as to your difficulties is a good plan.

mad_spaniel

The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (SI 2013/455)
These Regulations amend the Social Security (Personal Independence Payment) Regulations 2013 to insert a provision into regulation 4. The provision requires that, when a claimant is being assessed for personal independence payment under those Regulations, that assessment must take into account whether the claimant can do the activity safely, to an acceptable standard, repeatedly and within a reasonable time period.

JaneDoeJohnDoe

mad_spaniel wrote: »

The Social Security (Personal Independence Payment) (Amendment) Regulations 2013 (SI 2013/455)
These Regulations amend the Social Security (Personal Independence Payment) Regulations 2013 to insert a provision into regulation 4. The provision requires that, when a claimant is being assessed for personal independence payment under those Regulations, that assessment must take into account whether the claimant can do the activity safely, to an acceptable standard, repeatedly and within a reasonable time period.

Ensure you mention this to the tribunal & explain what happens to you when you can't say do up a zip. (hurt fingers/strain shoulder as an example)

Trotski

Thanks for the replies. DWP just phoned and in view of further evidence I supplied (heart failure nurse letter) they have offered standard daily living which I accepted, and now no need for tribunal.
Happy days.

rogerblack

Trotski wrote: »

Thanks for the replies. DWP just phoned and in view of further evidence I supplied (heart failure nurse letter) they have offered standard daily living which I accepted, and now no need for tribunal.
Happy days.

You can still appeal this decision if you consider that you are eligible for enhanced.