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Lost mobility car - lost appeal

sammy1974

New to this group struggling a lot lost my mobility car thro pip had one for 13 yrs went to appeal still lost

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Comments

steve51

Hi @sammy1974

It’s great to meet you this morning!!!

I’m very very sorry to hear that you are having problems with your “pip”

Can you please let me know what is the state of play today???

We have got lots of info to hand.

There’s also a ‘Benefit Advisory Svs’ onboard.

I can also help/support you in anyway.

Please please let me know how you feel ?????

Thanks.

CockneyRebel

Hi sammy and welcome

Can you give us a bit more information ?
Do you have any award for PIP at the moment ?
If so for how long ?

CR

Sam_Alumni

Hi @sammy1974
I am sorry to hear about this, I have moved your post to the ask a benefits advisor category where I hope you can get some support.

BenefitsTrainingCo

Hi @sammy1974

Unfortunately many claimants have fallen foul of this - the enhanced rate mobility on PIP is just tougher to qualify for than the high rate mobility was on DLA - this is one way the government plans to save money on the welfare spending. Crazy.

It is unlikely that the Tribunal's decision would be further challengable, unless you think that the Tribunal may have made an error in law, for example by misinterpreting the legal test for the benefit, or disregarding relevant persuasive evidence - it's fairly rare. The fact that you dispute the outcome is not sufficient ground for further appeal.

Perhaps a better bet as CR alludes to is to try again for the enhanced rate mobility on renewal of your claim next time round.

Sorry that I'm not the bearer of more positive news - were there any noticeable errors in law? If you think it's possible you can ask for a Statement of Reasons from the Tribunal within one month of the decision, and can then have a really good check if any errors were made (it's best to try and find a local specialist, Citizens Advice/ Welfare Rights/ Law Centre if you can).

Kind regards,

Mary

sammy1974

Ive have cab involved ive just ordered a copy of all medical notes also got gd one back from consaultant so going to reaply its dreadfull what there putting people through ive a few conditions that il never get better or any easyier and the nxt one gets every thing dosnt stop them from everyday life i spend most days at home in bed its rubbish way we have been treated said was not enough medical evedence on my legs em cronic nerve damage down keft side lost 4 disc at bottom of my back have fibro thats efecting my right leg what else do u need gp did 2 letters dont think they read them .

sammy1974

I just got changed from dvla to pip on may enhanced rate care low mobility they have just took my freedom of out house away made things teally difficult for getting doc appointment hospitil appointments etc

BenefitsTrainingCo

sammy1974,

The CAB should be able to help you with this. Unfortunately as Mary says, it may not be possible to appeal further, but it's worth thinking about whether the tribunal preferred the evidence from your PIP assessment over your own, personal evidence (medical evidence & other evidence about how your condition affects you). It could be an error of law if they simply decided to prefer the assessor's report without giving reasons.

For example, if as you say the tribunal didn't taken into account the 2 letters from your GP, then why not? It can be an error of law not to take into account evidence the tribunal has before it, unless there are reasons.

If you haven't already, then once you have got it, discuss the statement of reasons with the CAB to think about whether there are any errors of law, and if so, whether they will help you to appeal further.

Meanwhile, as you have an existing award of PIP (just not one that is high enough) you don't need to reapply, but you can try asking for change to your existing award so that you get the enhanced mobility component -explain that you now have more evidence. You may have to go to another assessment, but it depends how strong your evidence is.

Hopefully the CAB can help you with that too. Finally, if you haven't done this already, consider going to your MP so that they have evidence about all the hardship you are suffering because of this.

It sounds as if it is too late to keep your car but there is a Motability scheme to help people moving from DLA. It could be that you have already had that help though, since your appeal has already happened.

Good luck with getting your benefit (and eventually your car) back. Do see your MP if you can - we need to get MPs involved if we are going to improve the system.

Will