Stick or twist?
John in Coventry had the decision on his move from DLA to PIP.
Some aspects of his claim were not easy to assess, but as with many clients, the written advice that I gave him after helping complete the PIP form over the phone, was that there was quite a difference between the points that I would expect a Decision Maker to award when dealing with the claim, as opposed to what I would expect a tribunal to award on appeal.
John was moving from a DLA award of lower rate mobility component and lowest rate care component. His award of standard rate of both components of PIP is therefore an improvement, and John was very relieved.
I was pleased to see that it was a 5 year award, since guidance says that in most cases, 3 years is awarded.
We spoke about whether he should try to get from his 11 points for the daily living component to the 12 necessary for an award of the enhanced rate, but my assessment was that he was unlikely to achieve this with a reconsideration, and would have to take it to a tribunal appeal in order to get that higher award.
I can understand him being reluctant to do this, especially since award did represent an improvement on what he has been on.