PIP appeal

tifo

peteuk said:

There is many ways to look at the majority of time,  Depending on the condition. On the capacity and experience of the claimant.  4 days in a week, three weeks in a month.  It can then be up to the assessor to judge the evidence.

With my fluctuating and variable conditions with good and bad days they could look at a good week/month and say "you're fine 100% of the time". That's not in the spirit of the regulation.

The regulation says "50% of the days of the required period".

peteuk

said:

peteuk said:

There is many ways to look at the majority of time,  Depending on the condition. On the capacity and experience of the claimant.  4 days in a week, three weeks in a month.  It can then be up to the assessor to judge the evidence.

With my fluctuating and variable conditions with good and bad days they could look at a good week/month and say "you're fine 100% of the time". That's not in the spirit of the regulation.

The regulation says "50% of the days of the required period".

A good assessor will work out the best way to judge this, depending on the condition and the ability of the claimant.  (I don’t like that phrase - but if the claimant is coping with the assessment then they are more likely to be open to months or year)

For instance if I asked how your week was last week and you had 7 good days, I’d move on to the week before, or when was the last time you had a “bad” day?  Once in a bad day, how many did you have together or in a period of 7 days.  Build up a picture…

If you reply last week was bad, id move onto how many weeks in a month, like a ripple effect.

Spoonie_Turtle

For me there is seasonal variation (worst are autumn-early spring kind of temperatures, spring-early summer temps slightly better, then warmest temps are best until I overheat!) so I described the variations over the course of an average year.  But a few others I know have a very narrow range of mild temperatures in which their function is least restricted, and then others still who see no rhyme or reason and it just varies however it wants, regardless of weather/season.

The required period, I don't know how specifically it is applied in practice, but as I understand it the underlying intention is to exclude temporary things like broken limbs, injured ligaments, chest infections, or conditions that can be very easily and successfully treated e.g. vitamin deficiencies or something which surgery is expected to fix.

calcotti

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#applying-the-criteria

2.1.2 When assessing a claimant, the HP should consider all the evidence of the case and the likely ability of the claimant over a year-long period,..

2.1.7 The impact of most health conditions and impairments can fluctuate over time. Taking a view of ability over a longer period of time helps to iron out fluctuations and presents a more coherent picture of disabling effects. Therefore, the descriptor choice should be based on consideration of a 12 month period. This should correlate with the qualifying period and prospective test for the benefit – so the HP should broadly consider the claimant’s likely ability in the 3 months before the assessment and in the 9 months after.

tifo

peteuk said:

A good assessor will work out the best way to judge this, depending on the condition and the ability of the claimant.  (I don’t like that phrase - but if the claimant is coping with the assessment then they are more likely to be open to months or year)

For instance if I asked how your week was last week and you had 7 good days, I’d move on to the week before, or when was the last time you had a “bad” day?  Once in a bad day, how many did you have together or in a period of 7 days.  Build up a picture…

If you reply last week was bad, id move onto how many weeks in a month, like a ripple effect.

Yes. I didn't have a good assessor. Most of the report is things I did not say or assumptions, "he walked 17m today so can walk 200m", "he came from the car park which is 30m so can walk 200m". She chose 200m for everything as there's no points from it.

She put children's activities that I'd do with them when like 10 years younger from now, mine are late teens/early twenties. They do their own thing.

What you say is how the tribunal should also calculate but the judge specifically replied "we don't look at 3 months 9 months, that not how it's calculated".

tifo

calcotti said:

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#applying-the-criteria

2.1.2 When assessing a claimant, the HP should consider all the evidence of the case and the likely ability of the claimant over a year-long period,..

2.1.7 The impact of most health conditions and impairments can fluctuate over time. Taking a view of ability over a longer period of time helps to iron out fluctuations and presents a more coherent picture of disabling effects. Therefore, the descriptor choice should be based on consideration of a 12 month period. This should correlate with the qualifying period and prospective test for the benefit – so the HP should broadly consider the claimant’s likely ability in the 3 months before the assessment and in the 9 months after.

I had this in my statements for the 2 decisions (initial and reconsideration).

The assessor didn't do this. She didn't look at my substantial evidence, just the PIP2 form, and assessed me for the day.

poppy12345

tifo said:

calcotti said:

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#applying-the-criteria

2.1.2 When assessing a claimant, the HP should consider all the evidence of the case and the likely ability of the claimant over a year-long period,..

2.1.7 The impact of most health conditions and impairments can fluctuate over time. Taking a view of ability over a longer period of time helps to iron out fluctuations and presents a more coherent picture of disabling effects. Therefore, the descriptor choice should be based on consideration of a 12 month period. This should correlate with the qualifying period and prospective test for the benefit – so the HP should broadly consider the claimant’s likely ability in the 3 months before the assessment and in the 9 months after.

 She didn't look at my substantial evidence, just the uc50 form, and assessed me for the day.

You must mean the PIP2 form because it was a PIP assessment.

tifo

poppy12345 said:

tifo said:

 She didn't look at my substantial evidence, just the uc50 form, and assessed me for the day.

You must mean the PIP2 form because it was a PIP assessment.

Yes, sorry, I meant PIP2. But my WCA assessment was much the same as well as they both looked at daily living.

As i've said, at the tribunal the dwp and the tribunal used both assessments and medical reports. Sometimes it was hard remembering which one they were quoting from !!

tifo

Not received my the PIP tribunal decision yet, on the day the judge said it'll be decided 'today' so you'll receive it in 'few days'. It's now 5 post days gone by after it.

I received the WCA tribunal decision on the 2nd post day.

poppy12345

Sometimes there's a delay with the clerk typing the decision and sending it out. You will receive it soon i'm sure.