PIP, DLA and AA
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PIP award query

knit1purl1knit1purl1 Member Posts: 1 Listener
edited January 2018 in PIP, DLA and AA
hi 

I'm new to the site and I'm looking for some guidance. I was previously on PIP for three years receiving the enhanced level for both care and mobility, prior to this I was on high awards for both on DLA, for four years a friend has acted as my carer in the day whilst my husband is at work and claimed carers allowance for that.

I received my award notification earlier this month and they have awarded me for five years high rate mobility but reduced my carer component to 11 points from about 30 before, meaning that I obviously no longer qualify for the high rate care and my friend no longer receives carers allowance. 

There are many many points that have not been awarded that should have been, things like eating and drinking and bathing.

My concern is if I challenge this through a mandatory reconsideration can they remove my mobility award points? I'm wheelchair user out of the home and live in an area where if you have restricted mobility you absolutely need a vehicle (steep sided valleys with public transport 1 mile away from my property) so my motability vehicle is my lifeline,( I've recently bought an electric wheelchair and want to change our car for one with easy access for it).

The award also means my friend may not be able to carry on long term acting as my carer, any advice would be gratefully received.

Replies

  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger
    Hi @knit1purl1
    Welcome to the community, Im sorry to hear you are going through this.

    There is information about appealing decisions here 

    Our @BenefitsTrainingCo have given this advise on a similar question.

    Tribunals can increase, decrease or leave awards the same. The important thing with tribunals is to be clear with them which extra points you think you qualify for and try and evidence this, for example with a letter from your GP or other health professional. Keeping a daily diary noting down how long it took you to complete an activity, whether it caused discomfort, how long it took you to complete the activity etc can be very useful to take with you on the day of the hearing.

    How safe your existing award is will largely depend on how well reasoned the decision is in the first place. If you had an assessment then in my view it becomes less likely that a tribunal would think it over generous and look to remove it.

    In my experience most tribunals are happy to accept existing awards in principle and will only interfere with an award if there is obvious evidence to support doing so. Again in my experience tribunals will warn you at the beginning of a hearing if they are minded towards lowering or removing an award and therefore giving you a chance to withdraw your appeal at that stage. 

    Remember also that you can withdraw your appeal at any stage prior to the start of a hearing so it may be worth submitting an appeal and then weighing everything up once you have had sight of all the available evidence including the DWPs’s submission.

    Scope
    Senior online community officer
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