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DLA to PIP

Bradetective
Bradetective Member Posts: 7 Listener
edited February 2017 in PIP, DLA, and AA
I was 64 in September 2013 just five months after the cut off date of April.  I was on indefinate High rate of DLA for Care and Mobility from 1995.  I was called last October for PIP I am now 67.  I am two points off the Mobility part of the application which will mean I lose my transport.  I am appealing as the Assessors report in incorrect in several places.  This ordeal has sent me to a near mental breakdown with the stress before my application, during the assessment and following the receipt of the report. I understood that PIP was not available for people older than 65.   

Comments

  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    My situation is similar to your own, including the stress.  The cut-off date was 8 April 2013.  If a DLA claimant on indefinite award was 65 or over on that date then they kept their DLA indefinitely.  Under 65 on that date, even if on DLA indefinitely, they would have to be re-assessed for PIP at some point.  I became 65 in July 2013 and was 'invited' to apply for PIP August 2016.  I am now awaiting a tribunal hearing.

    In other words, if you were under 65 on 8 April and already on DLA then you are eligible to claim PIP (you count for PIP purposes as working age - 16-64!).  

    I'm sure a benefits advisor can explain this in more detail.
  • Julianoz69
    Julianoz69 Member Posts: 3 Listener
    If you were 65 before April 2013 you would stay on DLA.
    If you are 65 later than April 2013 you will be reassessed for PIP and will continue to be assessed under PIP even when you are over 65. 

    Anyone who is over 65 and not in receipt of DLA orPIP can claim Attendance Allowance but there is no mobility component for AA
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Bradetective

    I think Matilda and Julianoz69 have both explained it very well. If you were under 65 in April 2013 then you will be affected by PIP i'm afraid.

    PIP is only available to people who had a PIP (or DLA) award before they turned 65, but can continue after you turn 65. And so it is not quite correct to say that PIP is not available to people older than 65.

    If you have any questions about claiming PIP do let us know. The resources on the Scope pages here are very helpful.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Bradetective
    Bradetective Member Posts: 7 Listener
    I am requesting a Mandatory Reconsideration as although I got the enhanced care I was 2 points off my mobility. I have the Assessors report and there are comments which are discriminatory and others which are not correct. I have until March 7th to reply. In the meantime I have approached my Doctors for every bit of medical evidence since 1995 which is when my Mobility and Care was agreed to be the high rate by DWP.
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    Whenever I start to despair about the whole PIP nightmare I hold on to the thought that over 60 per cent of appeals succeed at tribunal - not many at mandatory reconsideration stage unfortunately.

    I was on DLA top rates both components reduced to PIP standard rates both elements.  I got 11 points daily needs so in theory at least just need to scrape one more to get enhanced!  I got 10 for mobility so need two more for enhanced. Depends if tribunal think I can walk only 20 metres rather than 21 plus.  Who measures their walking to the nearest metre anyway?
  • Bradetective
    Bradetective Member Posts: 7 Listener
    don't know about you but I felt intimidated at my assessment. Found myself giving answers which did not give a full picture as it was like being at the doctors who writes prescriptions without looking at you.
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    My assessment was inquisitorial and the assessor left awkward questions to the end when I was tired to try and trip me up.  I had prepared quite well so knew to expect such questions.  For example, had I got hobbies?  If I'd said knitting or jigsaws it would have counted against me because both require a high level of manual dexterity (I don't have 'practical' hobbies anyway).  Do I ever not bother trying to prepare and cook a simple meal from fresh ingredients and settle for a sandwich?  No, never, always persevere unless it becomes impossible.  How far from my block of flats is my car parked?  Right outside entrance (true). Other questions were irrelevant.  Could I bend down to put a sock on?  I never wear socks.

    But the most shocking thing was the blatant lie the assessor put in her report.  She stated that she observed me to take my bag, which had been slung across my body, off over my head and put it down on the floor from where I picked it up at the end of the assessment.  At no point, never even during the semaphore (exercises) did I take my bag off!  Tribunals know by now that assessors tell lies so this helps the claimant to get a tribunal's sympathy.   As so many assessors tell blatant lies I can only assume that they are trained to do so.  But I don't know how they hope to get away with these lies.


  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Bradetective

    I think it is a very good idea to collect copies of the medical reports from your doctor but it's important you make the mandatory reconsideration request in time. You can request the mandatory reconsideration and send the medical evidence later. And it is a good idea to get proof of posting when you send it.

    Let us know if the outcome is not what you expect and you have any questions about appealing.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Bradetective
    Bradetective Member Posts: 7 Listener
    Do you help people put together a document for the MR?  I have until March 15th to have the appeal in but I would prefer to have it in earlier depending on how soon I get the medical exidence.
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Bradetective,

    I'm really sorry but no, we don't do casework. We can only give advice within the forum, so we can't see documents or help draft anything.

    You could try your local Citizens Advice Bureau

    You've got the assessor's report, so the thing to do when requesting the MR is say what points you think you should have got, why the assessment was wrong, and what the evidence is for the correct points. Flag up inconsistencies and errors in the report, where they are relevant to the points system. 

    If you're not sure about the PIP activities and descriptors, you could go through the PIP self-test to get a firm idea of the points you should have got.

    Also, given what you've described above (particularly the discriminatory comments in the assessment), I would recommend making a complaint against whichever company did the assessment (ATOS or Capita)

    You mention your transport - DLA should continue for up to 4 weeks after the pay day that follows the PIP decision. After that, Motability should allow you to keep the vehicle for a further 3 weeks. They also have a compensation scheme for people who do end up losing their vehicles, so I'd recommend getting in touch with them if you don't get this decision changed in time.

    Finally, you could let your MP know what has happened. As you say, this has caused you a huge amount of stress and now you have to experience more stress if you are to get the decision changed. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Bradetective
    Bradetective Member Posts: 7 Listener
    Thank you for your advice it is much appreciated.  I will contact my MP although it usually takes her four weeks to reply. 

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