PIP, DLA and AA
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Mobility of Pip

bevesbeves Member Posts: 13 Connected
Hi, I have just put in an appeal to HMCTS as for 12 years I was awarded high rate with DLA and now with pip its been reduced to the standard rate and I will loose my car, CAB have told me that if I carry on with the appeal I could loose all of it which includes standard rate for living, which I've never had before,To me this seems like a threat from the DWP that if I challenge their decision they might take the lot off me ,it seems as if they make the rules up to suit themselves,  never mind how many lives they distroy in the process, has anyone got any info on this. beves.

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi beves

    When you appeal to the tribunal they do look at your whole award and can reduce it or remove it as well as leaving it the same or increasing it.
    The Judge should give you warning before the hearing if they think that your award is in danger, giving you the opportunity to withdraw your appeal.

    There is a good success rate at appeal, around 65%. The best outcomes are if you attend the hearing

    CR 
    Be all you can be, make  every day count. Namaste
  • bevesbeves Member Posts: 13 Connected
    Thank you CR, I will be going to the hearing myself and I am terrified i am 68 years old and I have no family or close friends who could come with me, I have heard that they have cameras watching you and how you behave, have you got any tips you give me thank you beves.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi beves

    Have you just sent your SSCS1 or have you already sent your submission ?

    I am sure you are aware that this is the only  time you have to secure the enhanced rate mobility

    The tribunal are independant are only interested in how your condition affects you

    Have you asked for a copy of the assessment report ?

    CR
    Be all you can be, make  every day count. Namaste
  • bevesbeves Member Posts: 13 Connected
    Hi CR ive just got my letter saying they have received my sscs1 form, and ive just got the copy of my assessment, there are several things in it that are not correct, I have 8 points for living and 10 for mobility because she said I can walk up to 50 mtrs either with a stick or unaided, ive walked with a stick for 15 years,she didn't give me any sort of physical exept to pinch the end of her fingers, that was my phyisial, the assessment was a joke beves.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi beves
    The next thing will be the DWP bundle of evidence. When this arrives check to make sure all your evidence has been included. This is what you should use to prepare your own submission. Each page will have a hand written number and you should use this to reference your own submission.
    Although you need to address the inaccuracies of the report you should do this with the facts. Don't get caught up in complaints about the HCP, the tribunal are only interested in the fact of the case not how poorly the process is done,
    My formula, if you want to use it, for tribunals is as follows

    Write a brief history of your claim and your current award

    Say which descriptors you agree with and the points given

    Then one at a time say which descriptors you disagree with and the points given

    Using the bundle, reference by page and paragraph the exact place that shows you meet the criteria, why and the points that you should have been given. Lead the reader to the spot, make it simple, make it idiot proof.

    If you have any further evidence you should attach it to the back of your submisssion with your name and NIN and reference to this in the same way.

    You might reapeat the references for more than one descriptor as some relate to each other for example if you have trouble standing and walking  you might also have trouble getting in or out of a bath so need assistance, standing to cook so need a perching stool and you might need a raised loo seat.

    Make good use of the reliability factors in each case as HCP's often don't take these into consideration. To complete an activity you must do so Safely, repeatedly, to an acceptable standard and in a timely manner.

    Finally give a brief summary of the above, the total points you should have received and the award you deserve.

    I hope that makes sense, please ask any questions

    CR
    Be all you can be, make  every day count. Namaste
  • coach77cfccoach77cfc Member Posts: 3 Listener
    Make sure you ask for a meeting on THE GROUND FLOOR my friend didn't and had to climb stairs and the lady who went with her as support couldn't do the stairs so she had to go on her own really scary she said where my friend went there was only ONE ground floor room and you MUST book it or climb the stairs they do not in any way help you at all it seems they out to get as many people as they can sadly I whish all the best take care try and be positive you could ask C A B. if they know of anyone that offers support services Social Worker etc?

  • bevesbeves Member Posts: 13 Connected
    Hi CR thank you so much for your info very helpful,im I going to get to grips with this now, I feel as if I have a purpose now and I'm on a mission your a star you deserve a medal
  • wilkowilko Member Posts: 2,182 Disability Gamechanger
    As always CR posts a good answer. What I have seen and noticed on this and other forums is that those people moving from claiming DLA to PIP find it hard, difficult to understand how can it happen. Firstly as CR will comfirm the benefits are totally different in the way they are accessed and the criteria for scoring and awarding points is focused on DLA your illnesses and disabilities and PIP your abilities to do activities. Hence the big discrepancies between the outcomes from the transition between DLA and PIP. One has to be aware of these differences when filling in the PIP application form to maybe, hopefully avoid some if not all of these discrepancies.
  • hopehope Member Posts: 8 Listener
    What is to them a disability as I cannot walk now few steps never out side is it they play god 
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @hope, when PIP is being assessed it's done so on the basis of how your condition affects you, for example in areas such as preparing food and communicating: you can see more about this on the CA website. So awards are based on how somebody manages day to day life. I hope this makes sense and answers your question!
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