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PIP MOBILITY ENHANCED

BackhouseBackhouse Member Posts: 8 Listener
I was receiving Pip Mobility at Standard Rate - Last year my condition worsened, my medication Doubled and I approached the DWP for enhanced payments.  
I lost all my mobility.  I went to the Tribunal this morning, was in there under a minute, as they had overruled the DWP's decision to stop payments of mobility in total.  

As I claimed that my condition had worsened, will the DWP re-look at giving me enhanced payments? Or do I have to re-apply, chancing them taking Standard Rate from me, yet again,

  I turned 65 whilst waiting for the Tribunal date.  

Replies

  • Debbie_ScopeDebbie_Scope Member Posts: 947 Pioneering
    Hi @Backhouse,

    I think it would be sensible to speak to a benefits adviser before you make any decisions. It's great news that your standard rate PIP mobility has been restored and it should now be backdated to the date it was removed. I think if there was entitlement to the enhanced mobility component, the tribunal would have made that decision today at the hearing. This is only guesswork though based on what you've posted.

    If you want to talk to myself or @gillcoddington about this in more depth, let us know and we can arrange this with you.

    Best wishes
    Debbie
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The mobility component of PIP cannot be increased after retirement age. Only the rate at retirement will be carried forward provided that you continue to meet the criteria. The exception to the rule is when transfering from DLA to PIP when the rate accepted as a first PIP award will then be the one carried forward as above

    CR
    Be all you can be, make  every day count. Namaste
  • BackhouseBackhouse Member Posts: 8 Listener
    So your comment @CockneyRebel translates to me that because I was 65 whilst awaiting a Tribunal date, that I am now not entitled to claim higher rate, even tho this claim was in progress before I was 65.  I did telephone the DWP whilst this claim was going on and explained the situation to them, they told me to put another claim in BEFORE I became 65 and this would cover me.  I thought my case was rock solid, and did not put another form in.  Silly me, if this is the case, I think the DWP have been very clever in their dealings with my case I was getting DLA in 2006, at higher rate, then they took it off me, I did take it to Tribunal but lost the case, I then reapplied when it had turned over the PIP and received the lover rate, The DWP are just UNDERMINING their own, supposedly professional Medical Accessors and Decision makers.  This situation has now become a matter of principal for me and feel that they have worked my case out PERFECTLY for thierselves, which makes my blood boil.  Your comments on this situation @CockneyRebel Would be appreciated.  Thank you for reading my post 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Unfortunately the retirement age/mobility scenario is catching people out.
    If the tribunal has only overturned the removal of your mobility award and returned you to standard mobility I think you are stuck with it.
    When you get your letter, if this is the case the only course of action I can see is if there is an error of law and you can appeal to the UTT.
    I would strongly recommend getting trained advice on this matter, either from the Scope help line or CAB etc.

    It does seem, from many cases I have seen, that the DWP are playing dirty. They seem to plan reviews for just before retirement age and many people are not aware that this is their last chance to receive the enhanced mobility.

    Please do get advice on this but I think you have been played

    CR  
    Be all you can be, make  every day count. Namaste
  • BackhouseBackhouse Member Posts: 8 Listener
    Thank you @CockneyRebel

    I appreciate your comments, and yes, I think you are right, I have been played by the decieptful DWP,  this now, has become a matter of principle and will fight it all the way, I am not usually forthright in this sort of thing, but the way I been treated by the Medical Assessors  'BLATANT LIES' which was then brought to the Decision Makers attention, who acted on the Assessors LIES, to the Tribunal.  The Assessor asked me if I had been on holiday, to which i answered YES, and that was it..   In her report she said THAT,    ' I, ME AND MYSELF REPORTED TO HER '. I HAD MADE MY WAY AWAY AROUND AN AIRPORT, WITH NO ASSISTANCE, AND THAT I HAD CROSSED A ROAD FROM OUR HOTEL, TO A BEACH.....a) I DID NOT SAY ANYTHING OF THE KIND, THINK ABOUT IT, WOULD I,   We did'nt even go from our local airport, when went from Birmingham, and b) we don't do beaches at the best of times, LET ALONE WITH MY CHRONIC SKIN CONDITION - PSORIASIS.  Do you know if these Medical Assessments are RECORDED, if they are not, they should be.  i will be taking advice on this, and will make an appointment to see my Local MP, I am on a roll and like I say, not usually like this, I am fuming, in fact if needs must I will pay for a Solicitor to look over my papers. Thanks again CR for your comments, watch this space  lol  
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @Backhouse

    I'm so sorry to hear about your problems too date !!!!

    Yes it's in your own interest to take it as far as you can!!!!

    Please please let me know if I can help you in anyway????


  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    edited September 2017
    Unfortunately, at the moment, PIP assessments are only recorded when the claimant requests it AND provides the equipement to produce two identical copies either on CD or tape, electronic recordings are not allowed.
    There has been some talk about all assessments being recorded but at the moment it doesn't happen.

    I would certainly involve your MP, this would give you the best chance of getting justice.

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    @Backhouse,

    You should certainly complain about your assessment, if you haven't already done so as part of your appeal.

    The tribunal can only look at the decision you are appealing - that is, the original decision which took away your mobility.

    However, if, between that decision and the tribunal hearing, you got worse and you informed the DWP of this, AND you did this before you were 65, then you can be awarded the enhanced mobility component. You would need to have met the conditions for the enhanced rate (including having had your problems for at least 3 months, and expect to have them for at least 9 months ahead) at the time you informed the DWP you had got worse, and also be under 65 at that point. As you had already claimed PIP at that time, a new claim wasn't necessary.

    You should only be prevented from getting the mobility component if you didn't meet the conditions for it, or didn't report the change, until you were already 65. So, I would get onto the DWP and ask them again if they have considered your change of circumstances. You have the right to a decision from them on this point. I'm afraid we can't rule out that they could call you for an assessment, however, as they do have the power to do that - but if you supplied lots of evidence about your increased difficulties, you may be lucky (it does happen). 

    If on the other hand you only got worse after you turned 65, you can't qualify for the enhanced rate of the mobility component.

    By all means involve your MP too, because it's important that MPs know the distress PIP is causing to disabled people, and how terrible the assessments can be. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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