PIP Appeal/Change of Circumstances

alexnurse12052022

Dear all,

I appreciate there appear to be quite a few threads about this very topic, but I owe it to my client to explore all his options/best advice.

I’ve known the gentleman for about a month. He is profoundly deaf from birth. He would like to appeal his original PIP decision (standard rate daily living for an ongoing period) and nil for mobility (we are not challenging mobility).

However, the original decision letter is dated 18/01/2018, which is obviously well past the absolute limit of 13 months (whereby DWP can still refuse to change the decision, but the client can appeal to a tribunal I believe), but in any event it’s been over four years since the original decision. I think what’s happened is that when he was on the original DLA, he was on a higher rate.

Am I right in thinking.....

·       Is the only chance to change the rate he is on is to go down “change of circumstances” route, but then we are technically arguing his disability has worsened?

·       If we do the above, they have the liberty to REDUCE his rate, KEEP IT THE SAME, or INCREASE? I understand there is this risk?

The original award was 8 points under COMMUNICATING.

However, there is a significant mental health element to his functioning and feelings now. If I had to guess, he might have a shot at getting from 8 points to 11, but I am not totally convinced we would get to the 12 points+ which would trigger the enhanced rate. I think it would depend on how they assess his mental wellbeing and mental/emotional functioning.

I am just trying to advise as best I can. I am a nurse working in the private sector, supporting Jobcentre Plus customers into work (where health/conditions allows).

 

calcotti

Out of time. The 13 month limit applies to tribunal too.

poppy12345

The first thing this person should do is get some expert advice from an agency near them. Start here. https://advicelocal.uk/

Alice_Holt

Completely pointless and potentially stressful for the individual to request a new assessment for change of circumstances, unless he will be awarded an increased award.

It is very important that he gets some accredited advice, before starting this course of action as on assessment an award can be reduced.
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

Is he taking medication for his poor mental health?
Has he been referred by his GP for help from the mental health team / charity ?
How does his current mental health impact the PIP activities?
Would his medical notes document a worsening in his mental health ?
What evidence can he provide with the PIP form to show an enhanced award is merited ?
Would he (and you) be able to cope with an appeal if there was a flawed assessment?  

Why are you intending not to challenge mobility.  Have you looked at the planning and following a journey descriptor. Does his poor mental health not mean that he struggles with public transport, and coping with crowds ?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/13-going-out/

calcotti

Alice_Holt said: Why are you intending not to challenge mobility.  Have you looked at the planning and following a journey descriptor. Does his poor mental health not mean that he struggles with public transport, and coping with crowds ?

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/13-going-out/

Profound deafness may also mean that he is less safe when out and about due to absence of auditory warnings.

peteuk

calcotti said:

Alice_Holt said: Why are you intending not to challenge mobility.  Have you looked at the planning and following a journey descriptor. Does his poor mental health not mean that he struggles with public transport, and coping with crowds ?

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/13-going-out/

Profound deafness may also mean that he is less safe when out and about due to absence of auditory warnings.

It also means he may need supervision in the home eg if in the shower does he have a visual fire alarm.

Spoonie_Turtle

peteuk said:

calcotti said:

Alice_Holt said: Why are you intending not to challenge mobility.  Have you looked at the planning and following a journey descriptor. Does his poor mental health not mean that he struggles with public transport, and coping with crowds ?

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/13-going-out/

Profound deafness may also mean that he is less safe when out and about due to absence of auditory warnings.

It also means he may need supervision in the home eg if in the shower does he have a visual fire alarm.

Quite possibly.  Relevant case law https://pipinfo.net/conditions/hearing-impairment