Awarded Enhanced Mobility, 2 points off Enhanced Daily Living - Am I crazy going to tribunal?

ZeroHour

Hi all!

I’ve just joined, first post here - Everyone seems to friendly, which is lovely.

I was hoping you may be able to help please? I have long covid, COPD and am autistic, & started claiming for PIP end of 2022.

The DWP initially gave me 8 points for mobility (qualifying for standard mobility) and 6 for daily living due to my COPD & Long covid (I was still awaiting my assessment for autism)

I am going to tribunal over that, and in April they called & offered to increase me to Standard Daily Living, with another 2 or 4 points (which I declined, as my daily living needs are much higher) - So I am now waiting on a tribunal.

In May my autism diagnosis FINALLY came through, and someone at the DWP suggested I add it as a change of circumstances, so I will at least be uprated while I wait (I’m currently still only on the Standard Mobility rate, and have been since Dec 2022)

Now I haven’t got the letter today, but I am now given 18 points for mobility (taking me to enhanced) but still only the 4 points for Daily Living, putting me at 10 points.

Now, I am only 2 points away from Enhanced Daily Living, I’m as close to the threshold as possible to claim it without actually getting it. Am I ok still taking it to tribunal?

My mum - Who doesn’t seem to fully understand my health issues, seems to think I should be lucky to get that and keeps telling me the tribunal can take points off me. She tells me even though I have these issues I look physically fine.

Now this is true, but more than half the days I can’t get out of bed and I DO have all these major issues, tbh it’s quite hurtful even when she says “well I know you have it, but others don’t!”

Am I crazy still going to the tribunal for these 2 extra points, or should I ‘settle’? As, because it’s backdated from 2022 it is quite a significant amount. Every other health expert thinks I qualify for and am entitled to this, but my mum thinks the tribunal will take one look at me and take everything away, even after the DWP have awarded it to me.

I don’t look any different to when I applied the first time with PiP btw, my mum just thinks I should feel lucky and be grateful for what I’ve got.

Sorry this is so long-winded btw, essentially should I appeal for these last 2 points to the tribunal or just accept it?

poppy123456

To be clear when you reported changes to your health condition any new decision overrules the previous award.

This includes any decision a Tribunal makes and if the Tribunal award a higher award than you had the first time you will only receive money owed up until the day before you reported changes.

The points you received this time will not be added to your previous points.

What award have you been given this time? Is it Enhanced mobility and no daily living again?

Confused why you reported changes for a diagnosis because PIP isn’t about a diagnosis. If you already told them about the symptoms then a diagnosis could have been added. This is why you shouldn’t rely on any call centre for any advice.

ZeroHour

https://forum.scope.org.uk/discussion/comment/896834#Comment_896834

I have been awarded Enhanced Mobility (now on 18 points) and Standard Daily Living (now up to 10 points, with the threshold being 12)

It was actually the Call centre that advised me they now have PiP experts in the DWP job centre - I don’t know if it’s in all of them or a new initiative, but recently once a fortnight a PiP rep comes in to the job centre to help all people with their issues and help them apply.

So I spoke to the PiP rep in the DWP who has been helping me, my autism diagnosis had already been sent to the courts for my tribunal but the DWP themselves hadn’t seen it yet, he said when they do they will look at it again before it goes to tribunal every time new evidence comes in.

His exact words were “We almost never do this, but while you have the tribunal case ongoing, we will add this as a change of circumstances even though it’s technically not.

This way, at least you will get uprated in the meantime while you wait. It won’t affect your backdated claim with the tribunal, and if the DWP or tribunal somehow get in touch with you before this is processed we’ll close this all down. If not, it’ll just get merged to your existing case.”

He works for PiP and swore it wouldn’t affect my ongoing tribunal case for backdated pay. As he pointed out, “your circumstances haven’t changed, you’ve been autistic since birth and we recognise even if you only have the proof now, these don’t appear overnight.”

I would add, in the original 2022 case I have been claiming for I advised I was waiting on an official diagnosis for autism, but had been on the waiting list to be seen for several years before even making my claim (I applied in 2020 for a diagnosis, but it’s taken till now to come through)