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DLA award indefinate changed to 3 years standard PIP

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postivepetal
postivepetal Community member Posts: 2 Listener
edited January 2018 in PIP, DLA, and AA
HI happy 2018 everyone :smiley: . Can anyone please give me some advice? I have rhumatiod arthritis and chrohns which is severe (wheelchair bound and bed bound most days) I was awarded DLA higher rate indefinately about 10 years ago through a tribunal. The new Pip assessment came to the conclusion to put me on a standard rate and only for 3 years when my condition has not changed.. is this legal? The pip assessor came to my home and was extremely patronising ! He told me my illness can change.. being a paramedic i feel he was not qualified to assess my disability!  Any help appreciated. Thankyou  

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  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    Hi @postivepetal, and welcome! Sorry to hear about your experience, unfortunately many of our members will be able to relate. Are you looking to appeal the decision? If so, here is some appeals advice to get you started.
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    @postivepetal

    The paramedic assessor is talking nonsense, of course.  At tribunal I was awarded PIP enhanced both elements (increased from standard both elements after assessment).  And judge wrote that it would not be appropriate to set a term for my award.  Like you, I have rheumatoid arthritis, a degenerative disease that will never improve.

    Have you asked DWP for a copy of the assessor's report?

    Are you going to ask for a mandatory reconsideration (MR)?
  • kevin888
    kevin888 Community member Posts: 52 Courageous
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    I was awarded zero points after high rate for DLA indef with my PIP Journey First of all ring DWP and ask for HP report they have to give you a copy. Also apply for MR straight away. Mine came back the same decision as most do. The Decision Maker at DWP has no medical knowledge they just go on HP report, my HP? was an Occupational Therapist when I have a brain defect and epilepsy ? Then apply for Tribunal if you need to go that far. Contact CAB and look at their website for good info and it will guide you through the process be prepared for maybe a long and stressful fight, mine took almost a year form form to tribunal but worth it after being awarded ER for both for no ongoing period
  • [Deleted User]
    [Deleted User] Posts: 126 Courageous
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  • postivepetal
    postivepetal Community member Posts: 2 Listener
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    Thankyou for you replies @kevin888 @Ella1976 @Matilda @PippaScope   :smiley: i did Ask for a MR 3 weeks ago and included a detailed section about rheumatoid arthritis and chrohns ( just to try and get the message across ) but have heard nothing.. im going to chase it up. I will contact the CAB also if they dont reconsider. Im really outraged how us disabled humans are being treated by the government at the moment.. im reading how more and more of us have been forced into poverty :neutral: . I thought tribunals were a part of the law , why should we have to appeal .. AGAIN?!  Its stressful enough the first time ! sitting there being judged and feeling inadequate and a little humiliated having to justify your illness/disability and how it affects me .. . Wish i had more strength and fight in me to try and do more about this for everyone. X
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    @postivepetal

    Award of PIP points is not for the conditions themselves but how they affect you on a daily basis  - how your disabilities fit the PIP descriptors.

    Disability Rights UK site has a good guide to all stages of PIP, including a list of the PIP descriptors.

    If you have to appeal to a tribunal, make sure you include a 7-day diary with your submission (if you haven't already submitted one with your claim or MR).  Disability Rights site has a draft diary that you can adapt.
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    @postivepetal Here's a link to the DR-UK advice mentioned above.
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