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Lifetime award of DLA stopped and refused PIP

kayemargaretkayemargaret Member Posts: 2 Listener
edited May 2017 in PIP, DLA and AA
Hello. I am new to  this community.I could do with some advice please. My son who is 28 yrs old has Aspergers Syndrome and Dyspraxia. Since the age of around 9 yrs he has claimed DLA. This was a lifetime award. However due to the new government rules he has to be assessed to claim PIP. We went to an assessment. The decision came back that he doesn't meet the criteria any more to qualify for PIP. This was the end of last year. I have been very busy lately and so have missed the appeal deadline. I went to my doctors thinking that maybe he needed reassessing as an adult. The doctor said that as he had a diagnosis that should be sufficient. He advised me to go to Social Services. They are telling me to go see my GP. I am at a point now where i don't know what to do. If anyone can give me any advice i would be very grateful. Thank you guys.x  

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @kayemargaret welcome to the community.

    Could it be worth you reapplying for PIP and then following through with the Mandatory reconsideration and appeal process? Around 60% of PIP appeals are won by the claimant. 

    There is a step by step guide here to filling in the PIP form that may help you if you apply again.
    Scope
    Senior online community officer
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @kayemargaret

    There might be a local CAB or similar advice organisation in your area that could help.  The Scope Helpline could tell you about advice in your area.

    Also you phone the Mind Helpline or contact your local Mind.  A local Mind helped a friend of mine with mental health issues claim DLA.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @kayemargaret, As you say you missed the deadline for appeal are you your son's appointee? From what you say I'm slightly puzzled as to how you missed the deadline for the Mandatory Reconsideration as this is usually top priority. However as you did and you haven't got an acceptable reason for this your only option as @Samsuggests is to reapply. It's not recommended to do this too soon after being turned down but as several months have elapsed and if you can send in as much evidence as you can another claim should be accepted. I would study the PIP points system and all the paperwork from the old claim and work out where things went wrong and base a new claim focusing an turning around the descriptors you need for a successful outcome otherwise the same might happen again. You can phone or write to DWP anytime if things get delayed again and get new deadlines if you need to. But take the person's name and record the date and time you rang in case things go wrong. Good Luck.
  • kayemargaretkayemargaret Member Posts: 2 Listener
    I can't tell you how good it is to hear your advice. I will certainly reapply for PiP on my sons behalf as I act as his appointee. I hadn't had time to sort out an appeal as we were tied up in some business with my other son. I take on board all of your advice. Thank you so much for your help guys. You got me to see a way through.
  • dorothy1926dorothy1926 Member Posts: 4 Listener
    Hi, about three weeks ago I got standard rate care and enhanced mobility. I had been on DLA indefinite award, enhanced for both. I really don't know what to do as I have heard that you could loose more money if you have a mandatory consideration. I have the assessor's report and it does not tie in with what the decision maker awarded. I should have got 4 points for managing therapy, then I would have got 12 points. I have to send form back to get to DWP by 12 April. I did send a question to Scope but never got a reply so I must have done something wrong. I was only awarded it til 2020 and I will be 68 this year. Thanks.

  • wildlifewildlife Member Posts: 1,314 Pioneering
    [email protected], It may be better to start your own discussion in the aska benefitadviser section. But from what you say do you mean 12 May for the Mandatory Reconsideration? If so yes there is a risk of losing what you've got but in my experience the risk is not that great as The DWP have already decided you're entitled to what you've got and this may be just an oversight on their part not to award the 4 points for managing therapy. Have a look at the reasons given by the Decision Maker on your Decision letter to see if there's any mention of this activity and why they haven't gone with the Assessor's suggested points. If that doesn't help you could ring DWP and ask for a call back from a Decision maker to discuss the results. This will not put you at risk of losing what you've got. You can then find out why it was changed and with more information it will help you to decide whether to do a Mandatory Reconsideration. It will probably be a different Decision Maker who rings but he/she will know about your claim from documents & records their end. If you ring ask the advisor for more time to send in an MR letter but get the name of who you speak to and record the date and time of the call and the new date they give you for the MR. Alternatively you could write a letter asking for the Decision to be looked at again making sure you head it "Mandatory Reconsideration" and saying that their points differ from the assessor's. Also tell them again what help you need to manage therapy and why you need it. You can do this by referring to evidence as well to back up what you're saying. This is not expert advice it's based on my own experience. I got my points changed by doing this. You could also put in a complaint to DWP but it may not be necessary at this stage. I would try ringing first.
  • dorothy1926dorothy1926 Member Posts: 4 Listener
    Thank you very much for your advice and I will try and ring the DWP on Monday. All this has made me very ill and I just don't know whether I can take anymore. About two weeks ago I got a strange call from the DWP asking me what medication I was on and one or two other things and why was I asking for a mandatory consideration. I was completely flumoxed and could hardly answer anything. I said that I was only thinking about it. I don't think they should have rung me up. Thanks once again.
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