Condition worsens while on DLA

NeilCr

zaksmum wrote: »

I'm not sure if her illness is terminal and there's not really any way I can find out. It's not cancer, I do know that. Are Macmillan only involved where cancer is diagnosed?

The Macmillan benefits worker that I have contact with only deals with those who have cancer.

zaksmum

xylophone wrote: »

Surely under such circumstances she should be entitled to a care award?

I would certainly think so, xylophone.

It's just the worry that under the new PIP rules she might not be, and could even lose her mobility award too.

She's a person who tries to play down her illness, trying to cope as best she can, and it's a big decision for her to volunteer to have DLA reassessed as PIP.

atrixblue.-MFR-.

In this case, surrounding questions on her care and mobility needs alone and the type of care required, at this stage, I would apply for PIP.


CAUTION LONG WINDED POST BUT INFORMATIVE FOR ALL!


If you will be assisting friend in making the claim to PIP then my above link to the guide can be extremely helpful in understanding the criteria the DWP. and HCP assessments have to stick by when assessing claims.


From the outset, if a Face To Face is required of your friend request home visit, then have her ask her GP to certify her unable to attend a assessment Center this will make the Face To Face mandatory to be held at her home, I would ALSO make it clear that the Face To Face shall be recorded for clarity and safety, and that a copy of the recording will be made available to the assessor at the end of the assessment and they will be asked to sign a statement to the effect they witnessed the recording equipment and its transfer to disc and the recording was not tampered with or edited in anyway shape or form.


I would also seek the backing form the Health care providers to provide their backing, (i.e named on the form for a person of contact for the DWP and HC assessment contractor).


This all seems daunting, and I can assure you if make the correct steps it can go smoothly.


Step 1. PIP new claims number 0800 917 2222 start the claim by calling this number. I would Advise to tell the operator you wish to have the forms sent out for completion rather than take a short version of the claim on the phone.


Step 2. Let people know.....Everyone involved in the care of and knowledge of care and mobility needs, need forewarning of the claim to PIP, so let carers, GP, Consultants know. Gather all Documents and evidence during this step if you need them.


Step 3. Study the PIP GUIDE as above link. at this point the PIP claim form will have arrived, there will be a date on it in which to complete and send it in by, if this conflicts with anything such as getting evidence or completing a diary, then call and ask for an extension of the date ASAP.




Step 4. Keep a detailed diary. This is sometimes overlooked and never adhered to but it can be key evidence.
E.G make/print out a template in the diary
CARE Comments

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Mobility Comments

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Name (print).................................... Signed.......................


Profession.......................................


Ask carers to keep comments short and to the point as you know they are busy but this would help their client in a massive way.


Step 5. Submit everything signed for delivery keep all originals in a folder and send off all copies.


Step 6. Wait for the letter of award or a face to face and proceed with above advice.


Step 7. Always assume a zero award and prepare for the Mandatory reconsideration letter send everything you have and everything in chronological order as the arrived and happened and what was sent to them and their contractor like you are preparing for a court hearing. Wait for the award to come through if all is good then archive the file with the award in a drawer for when the award is due. If a Zero award, then look at where the assessor has possibly underscored the assessment against the guide mentioned above, and detail the MR letter like your asking the judge to award based on them guides. E.G The HCP claims that:
12.Mobility walking outdoors:
Claimant is able to walk 20m-50m unaided with a walking aid reliably and safely.
In my observations the claimant was short of breath and stopped a minimum of 5 times over a 100meters due to sever pain and breathlessness. The claimant has limited mobility in both legs and walks with a limp.


My response to this decision to award standard rate PIP and NOT ENHANCED RATE PIP is: 12. mobility Walking outdoors.
Both the decision maker and the HCP failed to adhere to PIP guidelines, Reliability as described in the PIP Guide see PIP guide Page 97 para 1 1a 2b 3a. has not been considered in this case as described below. The HCP observed claimant stop 5 times over 100m this suggests severe limited mobility and lack of reliability to walk consistently and accurately without pain or breathlessness stopping 5 times suggests a MAXIMUM walking limit of 1m to 20m reliably and safely without danger to health. The HCP and decision maker also fails to take into account that once the claimant reaches their walking limit, they are certainly at risk of mental and physical fatigue caused by the effort to walk such distances repeatedly the claimant would not be able to repeat that task for the rest of the day.


When you submit a tribunal SSCS form the DWP get another shot at doing another MR but this time its by a case manager at the DWP who may call to up the award based on your key points.if your still not happy with this level of award, you can refuse and the tribunal will continue as planned, if they offer a partial award and you accept it, you cant move onto tribunal and ask for the other side of the award to be looked at, it will "lapse" and if you then want to appeal that decision after initially accepting, you will need to make another MR letter, then when its unchanged claim to tribunal you run the risk of losing what you have at MR stage BTW.




Sorry for long winded post. thought I would lay it all out that way you have an idea what this all entails plus the what ifs.