Pip award too high ?

over_flo

Ours is an unusual one!

OH award came back last week - he has gone from low rate dla to enhanced care.
He has fibro and arthritis so to some extent his condition varies ,but has constant pain and really struggles and overall he is getting steadily worse.

He did not score any points in some sections that we thought he would ,but maybe they thought his needs were high enough in those areas ,however he scored 2 points for the section about continence needs.

We definitely did not say he needed help in this area and those 2 points are the difference between enhanced and standard rate.

It balances out in our minds to be the right award overall ,but we want to do the right thing and do not want to be dishonest so we are leaning towards ringing them up and telling them ,even though this means he drops to standard rate.

I am also aware that when he does manage to get out and do things ,that is when he is at his best and people don't see him when hes at his worst because he has to sit and rest for hours at a time. Because of this ,I worry about getting reported .

If we do ring them, does anyone know what happens next ?
Doe we have to have the whole award reconsidered or do they just take out word for it and make the appropriate adjustment ?

TIA

rogerblack

over_flo wrote: »

Ours is an unusual one!

OH award came back last week - he has gone from low rate dla to enhanced care.

You are required to report changes in condition, and facts at the outset of the claim.
If you have properly done this, you are not required to report areas in which you disagree with the assessment of the award.
Does he have any problems in the area that he has gotten points for that you doubt?
Remember - he has to be able to do it as often as reasonably required, safely, and to a reasonable standard, and while taking no longer than twice what a non-disabled person takes.

Just being able to do something - if you can't do it to the above standard means you can't do it from the perspective of PIP.

Only if it is a clear error - for example it says 'you need a powered wheelchair' - when there is no walking ability at all, might you be held to have any sort of duty to contact them.

If any reasonable person - that is _NOT_ 'most people' could have come to the same conclusion as the DM did - then the decision is likely valid, and unchallengable on the basis of error.

Rodders53

PIP points scoring:

b. Needs to use an aid or appliance to be able to manage toilet needs or incontinence. 2 points.

Does he need to use a grab rail or frame (an "aid") to get on/off the toilet safely? If so 2 points is correct.

By all means call them and get a copy of the assessment report (Atos/Capita) where it should become clear where the points awarded came from.

over_flo

Thanks for your replies.

He does not need an aid to use the loo (although on his bad days he would benefit from a grab rail) but he does take ages (side effect of drugs)
- he has spoken to the doctor about this so it is possible it was in the doctor's report.
This is apart from the fact that he takes longer to do zips/buttons etc.

Thinking about the criteria you quoted Roger ,I think I am happy that everything is correct .
It was just a bit of a shock to us that he got enhanced rate .

He was only one point off enhanced mobility too but we are happy with Standard and it will help to pay for his wheelchair adapted car and his power chair.

I think it is because we have a profoundly disabled son - in our minds it is people like him that get the top rate ,not OH !