My client was on LR Care and Mob DLA, was in receipt of this for 13 years. Unfortunately he was awarded zero points for PIP. Needless to say we are appealing.
He has paranoid schizophrenia, OCD and agoraphobia. Was diagnosed with schizophrenia 27 years ago. His condition is managed via a depot injection once a week and medication daily. He is on the same medication now that he was at the time of his DLA award. He was discharged from CMHT some time ago because, after so many years, it seems they felt his condition was ‘managed’ and this could be dealt with by his GP. Whilst his conditions are managed by his medication he appears to suffer from the side effects of the medication and, for the most part, I think it is this that is causing his ongoing problems (no doubt if he was to stop the medication the impact of his conditions would then cause different problems!).
With a bit of luck, and a following wind, I think he should qualify for ER DL and SR Mob PIP.
As he is no longer under CMHT and only sees his GP for his depot injections there is no professional who really knows him and can provide supporting evidence for his appeal.
The DWP sent through a copy of his DLA application with the bundle. My client does not recall having a medical assessment at the time. The DLA application is OK but not earth shattering in its content, however at the time he was under a psychiatrist so that may well have swung the decision.
So, to get to the point eventually, I am wondering about pointing out that the DWP has not identified why they think his condition might have improved since his DLA application? Also pointing out that whilst there is no equivalent of LR Care DLA, assuming his award was based on the old ‘cooking test’, then there is at least a comparator in terms of the ‘preparing food’ descriptor so he should at least have been awarded some points for that. The mobility element seems to be comparable between DLA/PIP, ie he cannot go to unfamiliar places. Just wondering what the consensus was about trying this tack? I suspect the DWP (and Tribunal?) might just take the view that they are 2 completely different benefits and it’s a case of apples and pears (as they do with ESA/PIP). I’ve looked at : CPIP/2836/2018 – which was highlighted in a previous post re the use of DLA evidence for PIP and it seems to be allowable to introduce this as evidence, but it’s a question of the value of this to my client that makes me hesitate.
Any thoughts gratefully received. Thanks. (I really must learn to make my posts shorter!).