PIP award of Daily Living Component where the claimant works…...has anyone got a case where award made?

Hello all

It is concerning to note that DLA cases transferring to PIP for clients that work (part or full time) seem to be resulting in NIL awards of Daily Living Component - I understand that Mobility has been awarded on some occasions but have yet to come across any case where sufficient points have been awarded for ADLs to enable an award of benefit to be made.

Some clients have social care packages as well as jobs - it would appear that if you are disabled or have chronic long term health issues that have a detrimental impact on your ability to manage ADLs and mobility, any form of employment is an immediate barrier to receiving PIP…..... rather a negative stereotype and absolutely devastating for the clients affected by the loss of their previous DLA award.

DWP don’t seem to want to recognise that a work environment can be supported and/or supervised - other reasonable adjustments are often provided so surely this should support the client’s claim not allow it to be dismissed completely?

If anyone has had a successful outcome on such a case I would really appreciate it if you could contact me.

Thanks everyone :)

I had a client refused on application but get enhanced dl and standard mobility at appeal.

client has a learning disability and working in security industry.  pip medical used this as a justification for refusing just about every descriptor. in reality the client was effectively a human scarecrow to wards off thiefs and all he did was patrol the area and then call in if anything actually happened.

he didnt write any reports, deal with customers etc yet the fact he worked was used to say he could budget!

I am aware of 1 off the top of my head. Was awarded on claim (SRDL SRM), no mr/appeal + renewed after 1 yr also.

If you are completing a PIP form for a claimant who works, it’s important to anticipate any assumptions which the DWP or health professional may make, and explain if those assumptions would be inaccurate. Similarly if you are advising a claimant prior to their face-to-face consultation, encourage them to tell the HP about any extra support they get at work or if they are unable to do certain things that would normally be associated with that job. It’s also relevant if they can only work short hours, get very fatigued after work, have to miss work on bad days, if their carer has to prompt them to get ready for work etc. With regard to mobility, explain if they get lifts to work, or if they needed to be shown/trained how to cope with the journey to work when they started the job.

Recently I had a client with mild learning difficulties who worked in a supermarket. On questioning it emerged that he didn’t use a cash register and that he was only permitted to work stocking shelves with non-perishable goods because his ability to read and understand sell-by dates wasn’t reliable, so we made that very clear on the form. He was awarded enhanced daily living component.

Another client scored zero for budgeting on initial claim and MR because he does voluntary work in a charity shop and uses a cash register. We pointed out that the regs/guidance make clear that budgeting involves decision-making and prioritising, not just working out change, and on appeal he was awarded the complex budgeting descriptor.

I have one coming up in the near future but I m not particularly confident that it will succeed because of the nature of the work the appellant does. PIPS have , rightly, not made too much of the fact that the appellant has job but have, rightly again, focused on the nature of the job and the conflicts with the appellant’s claimed level of disability.

Whilst I don’t necessarily agree with them I think it is going to be a hard appeal to win!

Have just had a work colleague assessed for PIP as part of the DLA PIP migration, he received std DL. We are appealing due to several descriptors not being correctly assessed - use of aids and assistance required etc.

We are also appealing loss of High Rate DLA mob - he received 0 points for the PIP mob. All this was done with a telephone assessment and no face to face assessment.