Pip award

[Stephworr86]

Hi I was after abit of advice . I've just been awarded standard rate for care on pip . My score was 11 meaning if I had scored 12 i would have received enhanced . I only scored 4 for mobility which I kind of expected . Does anyone think it's worth appealing the daily care part ? Don't get me wrong I'm grateful of the standard so don't want to seem greedy . Any answers would be helpful . Thanks

[furgus]

Have you got a copy of the report that the assessor wrote or just the award letter? If you haven't got the assessor's report yet then I would suggest phoning the DWP and asking for that. You might find that the assessor hasn't been consistent and you could easily argue for one more point. If you think they've obviously marked you down on a descriptor that you should have been given more points for you could go for MR and then possibly appeal later if that doesn't change the result but you need to think about how you can prove that you meet the descriptor. Again, it might be easier to make this decision if you've read the report. I'm going to show my GP the report I got and ask her to provide a letter to support my MR. She is very aware of how my condition affects me day to day so she can comment on the PIP descriptors directly. A GP letter confirming a diagnosis and medication would be of less use.

Looking at it differently, you have got 11 points so you can afford to lose 3 and it wouldn't change your award. Do you think a different assessor might give you the same or more points or do you think you could lose more than 3 points? My Case Manager gave exactly the same points as my assessor recommended. If I'd had a Case Manager that had given me several more points than had been recommended I'd be very worried about going for MR or appealing. Similarly, if the Case Manager gave less than the assessor recommended you might have a stronger argument.

[Stephworr86 in reply to furgus]

They've scored me 2 points on preparing food . 2 points on eating and drinking . 2 points washing and bathing . 2 points managing toilet needs . But 1 point for managing my treatments . I thought that was where I would score the highest as I have lupus so have to apply numerous creams 4 times a day . I'm saying I need supervision as the paraffin is extremely greasy and I have fell in the bath before due to this . I'd say I need supervision at least 10 hrs a week

[furgus in reply to Stephworr86]

I had exactly the same. 1 point for help with medication but I need help with dressings and physiotherapy for several hours a week and they ignored that completely. I wish I was further on with my MR and could advise you further as I am going to push for these points and might have been able to help you more if I had managed to convince them on this issue. I've only just started the MR process though and I am getting my evidence together now.

I'd be interested if anyone here has claimed for help with medication/therapy and if they got more than one point? Everyone I've spoken to who expected more points only got one point.

[Stephworr86 in reply to furgus]

I rang before and she said the point is for therapy i.e. In hospital however reading cabs website they say in a domestic environment so now I'm totally confused xx

[furgus in reply to Stephworr86]

Non of it should relate to hospital therapy. Their guide states

" manage therapeutic activities that are carried out in a domestic setting

that are prescribed or recommended by a registered doctor, nurse, pharmacist or healthcare professional regulated by the Health Professions Council."

"It only

applies to medication/therapy delivered in the home environment i.e. where the claimant lives (and may include care homes), that has been prescribed/recommended by a registered healthcare professional or pharmacist."

Where you might find a problem is that the guide states

"Examples of prescribed or recommended medication include tablets,

inhalers, creams, suppositories and enemas. Therapies could include domiciliary dialysis, nebulisers and exercise regimes to prevent complications, such as contractures."

so they might be classing your creams as medication rather than therapy. Is there more to it that might make it meet the therapy criteria? Do you need any dressings after the cream that you also need help with? There is actually case law that includes emollient creams and a discussion about whether they are medication or therapy and seems to conclude that they could be either. You can find that on the page below

administrativeappeals.decis...

[Stephworr86 in reply to furgus]

I think they maybe putting it down as washing bathing . According to the dwp they stated on the report that I need an aid not supervision .

[Stephworr86 in reply to furgus]

I don't do anything apart from apply the creams I've not been given the cotton wraps yet but my go did suggest I use them . Do you think it's worth having them prescribed ? X

[furgus in reply to Stephworr86]

I'm not sure on that point. I think considering the amount of time that you need help that it should be considered therapy just doing the treatment as it is now. You can have a bath or shower very quickly just to wash but if you have to soak with something in the water that isn't simply washing and bathing so shouldn't be lumped in with that. I emphasise that this is just my opinion though, I've not seen any case law about this that actually comes to a conclusion.

If they're saying you could manage with an aid rather than they could be still classing it as medication because an aid or supervision to manage medication would only get 1 point. How you'd argue that is difficult. The important part is getting them to accept it's therapy rather than medication that you need help with because the maximum points for help with medication is 1 point regardless of how long it takes. As I say I'd consider the time being longer than you would just to have a wash which shows it is not simply bathing and then try to show that this and the creams that you need help applying count as therapy rather than medication. Is it simply a case of covering an area with them or do they need to be massaged in for some time? Could the massage part of applying a cream be considered therapy? I really don't know and do think you should get advice on this.

Is there any other area within the care part that you think you could get points, or did you expect more points on the activities that you did get points? If there are several areas that you could make a case for points you might be in a stronger position as you only need that one point.

[BlueMermaid3]

Hi Stephworr86

I think that your best bet would be to contact the CAB and ask them this question.

I am not a benefits expert, but I do know that there is a point at which when you put in an Appeal you run the very high risk of losing everything you have been awarded.

Many people think that the DWP cannot do this. Please be assured that they can.

Even if you are awarded for say, 5 years, you can still be called back by the DWP whenever they want to.

Obviously it is worth looking into, but all I would say is to be aware of what you could possibly lose.

Wishing you much peace

Lu x

Administrator

[Stephworr86 in reply to BlueMermaid3]

They've scored me 2 points on preparing food . 2 points on eating and drinking . 2 points washing and bathing . 2 points managing toilet needs . But 1 point for managing my treatments . I thought that was where I would score the highest as I have lupus so have to apply numerous creams 4 times a day . I'm saying I need supervision as the paraffin is extremely greasy and I have fell in the bath before due to this . I'd say I need supervision at least 10 hrs a week

[BlueMermaid3 in reply to Stephworr86]

If you feel it is worth appealing, then please do so.

However, just be aware that the DWP could take away all the points they have awarded you, and leave you with nothing.

This has happened to a few of our members lately.

I just want you to be informed about the possibilities that's all.

I am not saying you shouldn't have the points, just that the DWP can change your award on Appeal and leave you with nothing.

It is quite a chance to take.

Lu xx

[Stephworr86 in reply to BlueMermaid3]

To be honest I called before she was trying to say the managing treatment had to be therapy i.e. In hospital but reading cabs website it states in a domestic environment I'm so confused xx

[BlueMermaid3 in reply to Stephworr86]

Have you spoken to the CAB or our Benefits Adviser Janet?

The DWP decide each case differently, so it is very hard to know what to do.

I don't want you to think that I don't believe you.

I am just worried for you that you could end up losing everything.

If the DWP decide to withdraw your award, you then have no right to appeal any further.

I just want you to be aware of all the possibilities xx

[Lumac1988]

Hi Steph I've recently been diagnosed with fibromyalgia and am going to try to get pip because I'm struggling. Can I ask did you have any other issues as well as fibromyalgia that helped you get the award. I've noticed a few people have not been given it you see and was wondering if I could get it. I have anxiety. Graves disease auto immune, hypothyroid, fibromyalgia, OCD, and am being tested for sjorgrens. I don't know if any of those are eligible for pip but I feel like crap lol xx

[BlueMermaid3 in reply to Lumac1988]

Hi Lumac1988

Having Fibromyalgia does not necessarily mean that you will be awarded PIP.

The DWP go by how the condition affects you on a day to day basis and what your needs are.

Applying for PIP is a very long and complicated process.

If you do decide to apply, after you have rung for the forms you have a certain window in which time you have to return the form, so make sure you have someone to help you filling in the forms.

Lu xx

[bluebell99]

Hi Stephworr86

I notice this is your first post so I would like to say a warm welcome to our friendly fibro site where you can get advice, understanding, help and support.

Have you seen our Mother Site fmauk.org ? Here you will find information about fibro including guides and a link to Janet, our Benefits Adviser.

I think you can ask for the Care part to be looked at seperately, although you are in danger of losing the points you do have.

If you look to the right in Pinned Posts you will find instructions on how to lock your post. We take internet security very seriously and an unlocked post can be seen throughout the internet. Some members are reluctant to answer an unlocked post as any replies are unlocked too. You will also find helpful instructions on how to get the most out of the forum too.

Hoping to see you around the forum

Kay

[Miss13]

Hi Stephworr86 the exact same thing has happened to my husband 11points for care we are ringing DWP tomorrow.

[Stephworr86 in reply to Miss13]

Confusing isn't it. If I was on a score of 8 or 9 I wouldn't bother but just thought for one point it's worth a shot . They've scored me 2 points on preparing food . 2 points on eating and drinking . 2 points washing and bathing . 2 points managing toilet needs . But 1 point for managing my treatments . I thought that was where I would score the highest as I have lupus so have to apply numerous creams 4 times a day . I'm saying I need supervision as the paraffin is extremely greasy and I have fell in the bath before due to this . I'd say I need supervision at least 10 hrs a week

[TheAuthor]

Hi Stephworr86

Welcoem to the forum and it is wonderful to make your acquaintance. I am so genuinely sorry to read that you missed out by just 1 point! It really does not feel fair my friend. I would also urge you to seek professional advice as you run the risk of losing what you have already got? I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

[Leonwp]

I think you need to go through the points on each question on the care section and see if there is anything which you may take for granted that has not been included and covered adequately on the assessment. Good luck

Blessings