PIP, DLA and AA
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PIP mobility allowance

Lewis123Lewis123 Member Posts: 3 Listener
I was on Pip at the standard rate , for both catigories , my mobility got more difficult, I informed the DWP , of my problems with my mobility & they said ATOS would do a assessment, I still had a year to run on my mobility allowance, had my assessment in reading, & to my complete amazement, instead of helping me , they deducted 6points & took me out of mobility , I was so shocked , I appealed twice , mandatory & tribunal & even they agreed with the DWP , I said from the start , my condition is life threatening & from the original assessment nothing has changed it's got worse, I am now £85 pm worse off there was no reason to have my allowance cut at all 

Replies

  • WaterLilyWaterLily Member Posts: 55 Courageous
    You have to remember that DLA was a completely different benefit to PIP. 

    I think I am right in saying that the old DLA was more to do with what your condition/illness was rather than how it affects you. 
    PIP is ALL to do with how your condition/illness affects you, plus PIP gives a lot more consideration for those with mental health conditions, which I don't think DLA did.
    I had DLA high rate mobility for 15 years and even though my health has not improved, I have been dropped to standard rate on PIP.
    I am going to appeal. 
    I don't know where you can go from here regarding your appeal, as I haven't got that far yet. 
    I hope someone can come along and give you more advice. I am so sorry you are going through all this. 

  • LDNUMBERPAINLDNUMBERPAIN Member Posts: 21 Connected
    Hi Lewis 123/ water Lily

    Thinking this through: In the example of Muscular Dystrophy the condition progresses in time to total dependence on 24/7 care. Meanwhile the hand control of a wheelchair is for Muscular Dystrophy the last portion of independent social mobility, as such complete loss of it in the later stage of MD can often come with a loss of self esteem and social inclusion with resulting worsening of depression.

    Because the Nice guidelines are limited to the quality of medical care, they offer no more practical support with wheelchair maintenance than the mental health services will offer for employment courses that charge a training fee, yet computing for work courses can be free for those on Benefits.

    So it appears from all this that the Govt. funding is on the one hand available to those actively seeking work by becoming computer literate and as such would become more employable and contribute to taxation revenue, while on the other hand those who are increasingly disabled by an incurable condition may not be regarded as 'actively seeking work' meaning not eligible for any Benefit increase. 

  • Lewis123Lewis123 Member Posts: 3 Listener
    I made a mandatory appeal , which was unsuccessful, the DWP told me the next stage is the tribunal appeal , my appeal was REFUSED??  I could go to the upper Tribunal who then have to informed theDWP ?? & they would have the right to appeal as well , but the interesting thing is , the tribunal decision if in my favour , does  not have to be agreed , it's not binding the DWP need to think of what hardship they causing, they are acting on central Government Directives h
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Bear in mind that the DWP has nothing to lose no matter how it behaves. The worst that can happen to it is that it pays the money it has improperly withheld.

    To get a tribunal hearing you need to show evidence of improper behaviour on their part. This will be;
    • Statements unsupported by evidence
    • Failing to abide by the due process
    • False statements (lies)
    • Failing to accept (ignoring) evidence
    You cannot appeal to a court because you didn't like the conclusion the DWP reached. You can only appeal on how the conclusion was reached.

    You must keep all paperwork received and do whatever you can to record all phone calls with them.

    The DWP and those who work for it are practised in distancing themselves from the people they process.

    They are not subtle and will not go to hearings or hire legal professionals but they are practised in misinformation. The win/lose statistics showing that most of their decisions are "set aside," as the jargon goes, proves it.
  • Lewis123Lewis123 Member Posts: 3 Listener
    I Produced all medical info & copy of my recorded falls & was completely truthful I abided by all rules of the DWP they certainly are distancing themselves, I have been told that the DWP were not happy how many people were getting through their appeal procedures, especially the tribunals , they felt & I quote they felt the TRIBUNAL S did not interpret the rules correctly this need looking into , it's quite CLEAR to me & other people I have met & suffered hardship , that the DWP & ATOS are working together, it has also been noticed the LARGE bonuses are being made at the highest level , also I would mention that the so called medical Professional that the Assessment Centres used , are not qualified to make decisions that affect people's lives , it has to be Doctors & Consultants who really know its effect, it was a doctor who did my first assessment & he was very througher , nothing has changed from that , as I stated my illness progressed & mobility get taken away ???they use nurses , parimedics , physios , etc they are not specialist  in the field of certain conditions it's so so very wrong 
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