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Please Help!!!

hi guys....right I’m gonna tell you....I have Fibromyalgia, Agoraphobia, Anxiety, Panic Attack’s, musculoskeletal issues in hips and back, Raynaud Phenomena, Hypothyroidism, Diabetes and a few other bits and bobs which are caused by the Fibromyalgia. I struggle so much on a daily basis but I am very lucky as I have my parents, children and sister and friends who do almost everything for me. My eldest daughter is my carer. I had highest rate mobility and higher rate care elements of pip. I do leave my house but only if I have 1 or more of my family with me as they are my support and I wouldn’t leave the safety of my house at all. I have a mobility car which is my only source of independence. I had my PIP assessment in June and I haven’t heard anything and as my payments were still ok so I assumed everything was the same until Friday I received a letter from Motability that I have to hand my car back on the 27th November 2017. I have only had the car for a year and I put £1800 deposit on it. So I rung PIP and they have said they can see that I haven’t had a letter. The assessor was only around 25 and she really looked down on me. She has decided that I only need the standard rate which is ridiculous as I’m worse now than when I had my very first assessment. So they have said I can appeal and they can see I had no letter telling me what the assessor had decided and no letter telling me my money had changed. Please can someone tell me where I stand and what I can do....I’m desperate and it’s making me so ill. Thanks Roseanne 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello Roseanne and welcome

    So sorry that you have been put in this position, your story is not uncommon

    PIP and DLA use very different criteria for an award. It is omportant to understand the points system, descriptors and the criteria for an award. A good place to start is the self test on the B&W site.

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    Actions to take,

    First you should ask for a copy of the assessment report

    Then chase them for your decision letter.

    Next, within one month of the date of your decision letter you must ask for a mandatory reconsideration

    If you can supply any further evidence that supports your claim , now is the time to do it if possible. A GP letter detailing very specifically the problems your have with the PIP activities would be good.

    The MR is the first stage of any appeal and has to be done before you can progress your claim to tribunal if necessary. The problem is not normally the evidence you have supplied, but the way it has been read ( or not ).

    You should take each descriptor one at a time and reference page and paragraph the point in your evidence that shows you meet the criteria for an award. Lead the reader to the evidence so they cannot miss it. The reader does not want to read the equivalent of "War and Peace" to find the gems. Make it idiot proof.

    Be prepared to take your claim to the independant tribunal where success is statistically more likely, There is no need for further evudence but if you have evidence that you cannot supply in time you will have a further chance if needed.

    There is lots of info on here about all of this so please have a look around and come back with any questions

    With regard to your car, have mobility given you any options to extend your time period ?
    if not then you should give them a call

    CR 
    Be all you can be, make  every day count. Namaste
  • rosie6379rosie6379 Member Posts: 18 Connected
    Hi @CockneyRebel

    Thank you so much. You have given me so much to get my teeth into. I really do appreciate your reply as I had no idea where to start.

    kind regards 
    Rosie
  • richard81richard81 Member Posts: 24 Listener
    hi rosie i would say you stand a very strong chance as they didnt isue you with a decision letter to appeal with or pre warning i have no where near as much expertise as cr but would just like to state for a bit of support that you should be fine 
    all the best 
    rich 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    rosie6379rosie6379,

    Hi, you've got excellent advice there from CR about how to start the process of challenging the decision. I'd also consider a complaint to the DWP, given you didn't receive your letter and that must have made the Motability letter a horrible shock. 

    Motability do have a scheme to help people, but it is aimed at people who've transferred from DLA rather than people who've had their PIP award reduced. I think it would be worth approaching your MP and telling them about what has happened because we really need to get that scheme extended to ongoing PIP claimants as well as DLA transfer claimants.

    I would get in touch with Motability anyway as they do have a grants scheme which might be able to help you whilst you are without the enhanced mobility component, especially as this is hopefully only a temporary situation. 

    In the meantime if you have any other questions about the mandatory reconsideration or appeal process, please do ask us on here.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • rosie6379rosie6379 Member Posts: 18 Connected
    Hey you have all been very helpful....thank you all very much. I have registered for a mandatory reconsideration and written it and sent special delivery. I have also spoke to Motability and they have said that as they have already let me have the car 6 months after my benefit finished funding it they can no longer carry on. I did explain that I didn’t have a clue that my benefit had changed but still have to give my car back on the 27th of November. I don’t know what I am going to do as my car is my lifeline. Very stressed and very fed up right now. This has made me ill. Thx again guys xxx
  • rosie6379rosie6379 Member Posts: 18 Connected
    Hi guys....thx for the amazing advice. I spoke to PIP and registered for a mandatory reconsideration. Also I spoke to Motability and they have said that unfortunately because they have been paying for the car since the end of June they can’t possibly extend the lease. So I’m in a position that I’m very unhappy with. Because of the agoraphobia I rely on my car for everything as it’s my lifeline. I feel so let down by the system, I’m angry but that just makes me more poorly. Catch 22 xxx
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    rosie6379rosie6379,

    I'm so sorry about the car - that's very touch. Motability do tend to do what they can so if you have contacted them, there may not be much more you can do. As I said before my other suggestion is that you tell your MP - you have been let down, as you say. The system doesn't protect people like you who are already on PIP and then get reassessed.

    As you may have seen on here, it's very rare for MRs to be successful, and you may need to appeal - if so, please do come back for advice. If you can get a benefits adviser to come out to your home to help you deal with the appeal process that would be great, but I know that this is pretty limited and will depend on where you live - you can try contacting your local CAB in the meantime in case they do provide this service.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • rich_hobbs_1rich_hobbs_1 Member Posts: 24 Listener
    hi rosie i must reserve my comments regarding the dwp as i do not want to get banned from the site but all i can say is that it is paramount to stay strong and positive with the unfair benefits system we have in this country and that i wish you the best of luck im 99%positive you will be fine 
    remember stay strong ! 
    do not let them win 
    much love 
    ❤️ 
    rich 
  • rosie6379rosie6379 Member Posts: 18 Connected
    Hey rich_hobbs_1 i really do appreciate your kind words and support. Thank you x
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