DLA to PIP Clarification

SteveP29

Sorry about the ambiguous title, I couldn't find a better way of posing the question.

My partner has been on DLA for 10 years and last November was told she'd need to apply for PIP.
She did so, I filled in the 'application form' as her handwriting is illegible.
She is currently not working due to nerve pain and an FND, she has been on Contributory ESA since for some time now, is in the Support Group and has the Limited Capability for Work allowance too.
She was asked to come for an assessment.
She subsequently scored zero points for the PIP assessment and her DLA ended on 30th April.
The original decision was upheld in the Mandatory Reconsideration and we are now in the process of filling out the form to go to tribunal.

She read at the weekend that people with the LCW should never have to attend assessments and should automatically receive the benefits they are eligible for.

I'd just like to ask if anyone can confirm this is the case before we pursue it in part of the tribunal process.

We have an appointment with the CAB, but the tribunal application letter needs to be back to the DWP before the 11th July.

Thanks for any answers and input you can give.

poppy12345

I'm not sure where she read that but it's not correct. LCW doesn't automatically entitle anyone to PIP because they are different benefits. People claim PIP and work. ESA is for those with a limited capability for work.

kingfisherblue

SteveP29 wrote: »

Sorry about the ambiguous title, I couldn't find a better way of posing the question.

My partner has been on DLA for 10 years and last November was told she'd need to apply for PIP.
She did so, I filled in the 'application form' as her handwriting is illegible.
She is currently not working due to nerve pain and an FND, she has been on Contributory ESA since for some time now, is in the Support Group and has the Limited Capability for Work allowance too.
She was asked to come for an assessment.
She subsequently scored zero points for the PIP assessment and her DLA ended on 30th April.
The original decision was upheld in the Mandatory Reconsideration and we are now in the process of filling out the form to go to tribunal.

She read at the weekend that people with the LCW should never have to attend assessments and should automatically receive the benefits they are eligible for.

I'd just like to ask if anyone can confirm this is the case before we pursue it in part of the tribunal process.

We have an appointment with the CAB, but the tribunal application letter needs to be back to the DWP before the 11th July.

Thanks for any answers and input you can give.

PIP and ESA are two different benefits, and have slightly different criteria. The first is to help towards the additional costs of disability, and the second is a wage replacement benefit for those who are unable to work due to illness or disability. You can work and receive PIP.

Being in the Support Group does not mean that you will never be reassessed, and it does not mean that she will not be assessed for PIP. You state that she has read that people with LCW should not have to attend assessments and should automatically receive the benefits that they are entitled to. One way of deciding whether she is entitled to a particular benefit is to assess the claimant. Benefits are not automatic for anyone. The details that she has read are incorrect.

To determine whether someone is entitled to PIP or ESA, first there is the form to complete. It is then usual to be required to attend a face to face assessment. The decision maker will then look at all of the information available to them - the form, the assessor's report, and any additional information that you may have sent in. They occasionally ask for medical or educational reports from relevant parties. Once all of the details have been assessed, a decision is made. It does not matter whether someone is on another disability benefit, because they are looking at different things.

One question - did you both read the descriptors for PIP before filling in the form or doing the MR? PIP is about the additional support that you need, in line with the descriptors. If not, now would be a good time to read them, and gather evidence of where she should have received points, but didn't.

Muttleythefrog

Agree with above posts....

And really want to stress... in case it is overlooked... that entitlement will depend on convincing the tribunal panel that point scoring descriptors apply. So focus efforts on which ones do apply in each of the 'activities' for Daily Living and Mobility... and try to supply evidence that they do if not already supplied into process. CAB hopefully will be able to assist... but the timing of events is restricting a bit. Probably nothing to stop further evidence or argument being put to tribunal though after requesting appeal.

Good luck.

SteveP29

An Update:
It ended up going to tribunal.
DWP still adamant that she was worthy of zero points in both categories in the Mandatory Reconsideration.
Tribunal awarded her 11 points for Daily Living (1 point from enhanced rate) and 10 points for Mobility (2 points from enhanced rate)
She will be receiving £3 a week more now than she was on DLA and the award is for 5 years and will be backdated to when her DLA ran out.

My final opinion:
It's either gross incompetence by the assessors or deliberate policy by the DWP to score people as lowly as possible so that they give up their claims, and to be honest, its probably both.

[Deleted User]

The DWP DM usually (not 100%) go with the HCP report and award points accordingly, but seems she got a good result in the end.

Aura

I have to go through the same process, a complate stranger from the DWP who never clapped eye's on me gave me a big fat 0 for everything! We are filing for a complaint.