PIP communication points

Claimant was awarded 0 points for communication because he was asked to spell "word" and because he spelt it was told on the decision letter communication no problems so 0 points.

But that is only because it was a very quiet controlled environment with noone else present. Claimant would not speak without assistance virtually anywhere in public where there is a lot of noise/people/things going on etc and would not be able to independently order from a cafe or go into a newsagents and ask for a book of stamps etc.

Is there still a chance of receiving points on appeal if it is explained that the environment used in the interview is not representative of most everyday typical real life scenarios?
«1

Comments

  • poppy12345
    poppy12345 Posts: 18,878 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    sovauye wrote: »
    Claimant was awarded 0 points for communication because he was asked to spell "word" and because he spelt it was told on the decision letter communication no problems so 0 points.

    But that is only because it was a very quiet controlled environment with noone else present. Claimant would not speak without assistance virtually anywhere in public where there is a lot of noise/people/things going on etc and would not be able to independently order from a cafe or go into a newsagents and ask for a book of stamps etc.

    Is there still a chance of receiving points on appeal if it is explained that the environment used in the interview is not representative of most everyday typical real life scenarios?
    Was evidence sent in to support the claim? Did the person go alone or take someone with them? Do you mean MR or Tribunal? Only 20% of MR decisions are successful but 65% of those who appear at their Tribunal have a decision in their favour.
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    There is a lot of cross-over between Activity 7 (communication) and Activity 9 (engagement).

    What you need to be clear about is whether there is a communication issue or an engagement issue?

    There is some helpful text in this case: Secretary of State for Work and Pensions v GJ
    [2016] UKUT 0008 (AAC)

    What is it about the environment that causes the communication problems? If someone is anxious and not able to communicate with strangers or when there is a large number of people but is able to express themselves to someone familiar then that would most likely score under Activity 9 and not 7.

    It really depends on the detail.

    IQ
  • w06
    w06 Posts: 917 Forumite
    as Icequeen says depends what you mean by communication. I'm a people person and have no problem teaching big groups, meeting new people, socialising etc, and told the assessor the same, but am totally deaf and so I gained more points than I expected on the communication descriptor. I queried it with the DWP as this changed standard to enhanced daily living, and they said it was right
  • _CC_
    _CC_ Posts: 362 Forumite
    w06 wrote: »
    as Icequeen says depends what you mean by communication. I'm a people person and have no problem teaching big groups, meeting new people, socialising etc, and told the assessor the same, but am totally deaf and so I gained more points than I expected on the communication descriptor. I queried it with the DWP as this changed standard to enhanced daily living, and they said it was right

    Out of interest, did you get any points for activity 9 due to being deaf?
  • w06
    w06 Posts: 917 Forumite
    No, I got 8 for communicating (activity 7 i think) ' You can express and understand basic verbal information from someone who is experienced in helping people communicate' and zero for mixing with other people 'you can engage with other people unaided'.

    Which I think is right, 9 seemed to be more the social side of it and 7 the practical
  • w06 wrote: »
    Which I think is right, 9 seemed to be more the social side of it and 7 the practical

    That is a good summary of the difference between the two descriptors.

    It is possible to be awarded points for activity 7 for a mental health condition, but it's relatively uncommon. If the root cause of the communication difficulties is anxiety, and you can otherwise communicate unhindered (for instance, at home or with family), then you would not score points under activity 7. It's more likely to apply where someone is mute as a result of a mental health condition, something that is always present as opposed to something exacerbated due to anxiety.
  • sovauye
    sovauye Posts: 13 Forumite
    Was evidence sent in to support the claim? Did the person go alone or take someone with them? Do you mean MR or Tribunal? Only 20% of MR decisions are successful but 65% of those who appear at their Tribunal have a decision in their favour.

    Person went with someone, and the claimant would not have spoken at all without them present.

    This can be backed up by the manager of a support service the person uses.
  • sovauye
    sovauye Posts: 13 Forumite
    Claimant is also unable to use the telephone and needs someone to make appointments etc for them. Would that fact be any helpful to tell them?
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    sovauye wrote: »
    Person went with someone, and the claimant would not have spoken at all without them present.

    This can be backed up by the manager of a support service the person uses.

    That sounds far more like Activity 9 points than 7. See the information provided above. If the claimant spoke, they can manage the act of communication, it sounds like what they should score is either 9B or 9C for engaging with others.

    IQ
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I would agree with IQ99.

    What you describe seems to be more pertinent to the engaging activity rather than the mechanical ability to communicate and speak.

    Have you looked at the PIP assessment guide?
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf Page 115.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.1K Banking & Borrowing
  • 252.7K Reduce Debt & Boost Income
  • 453.1K Spending & Discounts
  • 243K Work, Benefits & Business
  • 597.4K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.