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PIP stopped after 17 years in receipt

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rmager
rmager Community member Posts: 20 Connected
BPAD BPD and neurology conditions.
New diagnoses and deterioration led to informing change of circs. 
Believe should be awarded higher care and higher mobility. 
Convinced DWP liable in negligence for breach of Duty of Care, discriminated against me (EA2010 indirect disc). 
Will be one year before tribunal. 
Angry enough to pursue even if costs awarded against me. No solicitor will touch that. 
I want the Decision Maker (as per their internal rules they don't have the authority the Secretary of State holds) so, that means the SoS will,well, both have to be in a named suit in civil court.
Me alone vs them and all their lawyers then. Not to mention the incompetent nurse they lumbered me with. That's NMC action. 
Im incensed. Keeping it together just. The last 36 hours since receiving the predicted letter have been gruelling. I want to cry. The impact on my life will be immeasurable but I'll have to find a way to make it be so for the purpose of damages.
They'll get the letter before action within a week. 
Then I've got to make complex legal arguments alone in a thrifty way. Anyone here knowing anything about next steps I'd be grateful for any tips or suggestions. 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 57,173 Disability Gamechanger
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    PIP was only introduced 10 years ago in April 2013 so 17 years for PIP isn't possible. It was DLA before that, which was a completely different benefit.

    Did you get some expert advice before reporting changes? a worsening of condition or a new diagnosis doesn't automatically entitle you to more points for a higher award.  The only ones that are automatically entitled to PIP are those with a life expectancy of 12 months or less. No one else is automatically entitled to it.

    I don't know what you mean by "letter before action" a letter before action of what? I don't know what you mean by legal arguments either. None of that is relevant for a PIP challenge.

    Your first step is to request the Mandatory Reconsideration. (MR) You should put this in writing stating where and why you think you should have scored those points. Did you also include a couple of real world examples of exactly what happened the last time you attempted each descriptor that applies you? You should have included information such as where you were, what exactly happened, did anyone see it and what the consequences were.

    If you didn't then i'd advise you to do that for the MR. If the MR doesn't change (most don't) then you can proceed to Tribunal.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • rmager
    rmager Community member Posts: 20 Connected
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    Quite right Poppy I was legacy but I think you gathered that. Actually not different benefit. Exactly the same formal purpose (lieu payment for care you could benefit from) 

    That 17 years has taught me a lot and im pretty comfortable with my own assessment of need,which forms the basis of my claim. Logically worsening would mean increasing need therefore entitlement, which is always a contentious word. 


  • chiarieds
    chiarieds Community member Posts: 16,173 Disability Gamechanger
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    I'm sorry, & you're not alone in feeling angry & upset by your decision letter, but I couldn't say anything about pursuing legal action as I also feel that going through a Mandatory Reconsideration (you don't mention if you've done so) then a tribunal, if needed, are your next steps.
    Giving those detailed examples, as poppy mentions, are so important. Also say if you're unable to do any of the applicable activities/descriptors 'reliably.'

  • rmager
    rmager Community member Posts: 20 Connected
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    We should not have to not be alone in being treated like this. It's disgusting. What a pitiful society. You're right tho but 
  • woodbine
    woodbine Community member Posts: 12,115 Disability Gamechanger
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    Many many people have a good experience of PIP and positive outcomes DLA and PIP are completely different benefits and I'm not sure what you expect to gain from legal action?

    2024 Election won

  • rmager
    rmager Community member Posts: 20 Connected
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    That's totally invalidating and narrow visioned of you 
  • woodbine
    woodbine Community member Posts: 12,115 Disability Gamechanger
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    rmager said:
    That's totally invalidating and narrow visioned of you 
    its my personal experience and years of reading other peoples experiences.👀

    2024 Election won

  • hillsong
    hillsong Community member Posts: 6 Listener
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    Can anyone explain why they think DLA and PIP are totally different benefits when those who were in DLA are now in receipt of PIP?
    PIP replaced DLA as far as I am aware. It was a very smooth transition from one to the other for me
  • rmager
    rmager Community member Posts: 20 Connected
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    Their purpose is the same. Can't remember exactly why they did it not cos I glanced the framework and realised it was for all intents and purposes the same. 
  • rmager
    rmager Community member Posts: 20 Connected
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    Countering someone's experience with ah well that's not mine and I have vaste experience of it being others' too is a distinct lack of empathy
  • hillsong
    hillsong Community member Posts: 6 Listener
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    It certainly wasn’t meant to be, I was just questioning those who saidDLA and PIP are entirely different benefits.
  • rmager
    rmager Community member Posts: 20 Connected
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    Not you hillsong. My empathy comment was to woodbine. There is not much real difference between dla and pip 
  • poppy123456
    poppy123456 Community member Posts: 57,173 Disability Gamechanger
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    DLA and PIP are completely different benefits, with completely different criteria. DLA was about day and night care needs. PIP has nothing to do with night time care needs. For PIP it's all about the descriptors.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Adrian_Scope
    Adrian_Scope Posts: 11,390 Scope online community team
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    Hello @rmager. I'm really sorry to read the outcome of your assessment wasn't as expected.
    We're unfortunately not legal experts and couldn't give legal advice so you may need to look elsewhere for that.

    If you're wishing to challenge the decision made by DWP, we could help you with understanding the mandatory reconsideration process. Is appealing something you're looking to do?

    I'm also a concerned about how you're feeling and wondered if you have much support around you? 
    Community Manager
    Scope
  • WelshBlue
    WelshBlue Community member Posts: 770 Disability Gamechanger
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    I would have to concur that DLA and PIP are 2 different benefits.

    Due to Kidney disease my wife was awarded DLA indefinitely for Mobility ... when invited to claim PIP instead, her needs did not meet the Descriptors.  Therefore did not qualify for PIP.  I'm not going to go into the rights and wrongs of the system as she/ we accepted that the criteria had changed and that was it.

    We're just grateful that despite being stage 4 failure, the need for a transplant is possibly 10 years away
  • ladyluck
    ladyluck Community member Posts: 69 Courageous
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    I don’t tend to agree with some on here giving advice. My assessor asked continually about care during the night,  and ability to negotiate the bathroom during the night. . I think everyone has a different experience and it depends who you get on the day, and what your problem is, and how complex your needs are. Please don’t be put off by those who say MR isn’t mainly successful. Three in my  wider circle of friends have been successful at that stage, avoiding the stress of a tribunal, including myself. No one can generalise. I would say to anyone, keep trying. The last thing dwp wants is their decisions  overturned by a tribunal in huge numbers, it makes them look inept, hence the furore in assessments and treatment of the disabled.  Personally, I don’t think the assesment process is fit for purpose. The only sad aspect  to all of this is that disabled people are especially vulnerable, and many give up due to stress. 
  • rmager
    rmager Community member Posts: 20 Connected
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    I believe the stat is 80% of tribunals upheld in favour of claimant. The Decision Maker should have to explain their case to the Judge in the first instance in my opinion. Imagine that! Lawful, considerate and compassionate decisions for the vulnerable. Sadly now i have to battle it. Copious amounts of anticipation did not prepare for the vulgarity of the so-called professionals and the emotional shock. That's with even having had been highly and duly cynical yet hopeful.
    And yes I've seen rudeness on here I've reported. 
  • ladyluck
    ladyluck Community member Posts: 69 Courageous
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    Good luck rmager in your fight. There’s lots of support on here. 
  • rmager
    rmager Community member Posts: 20 Connected
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    Thanks. I've seen red that i have to
  • poppy123456
    poppy123456 Community member Posts: 57,173 Disability Gamechanger
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    ladyluck said:
     Please don’t be put off by those who say MR isn’t mainly successful.
    I don't think anyone is putting anyone off  from requesting the MR, what has been advised many times on here is that the success rate of the MR is very low at about 27%. Therefore the most likely outcome will be that the decision doesn't change. Of course there will be some people (27%) who do have a decision in their favour at MR stage. Although, if you want to challenge a decision then you have to go through the MR process first before appealing to a Tribunal.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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