DLA/PIP

romanymoonlight

Good morning.  May I use this area to have a rant?  Then I will promise to get over it and move on.  I will be seventy later this year.  I have suffered with osteoarthritis and weak joints for over fifteen years.  Previously I was getting DLA at the higher rate for care and mobility, 'indefinitely' or so I was told.  I took on financial responsibilities on the back of this to make my life a bit easier, and even had a Motoability car which was very helpful.  However, then I got the call to go for an assessment for PIP.  To cut a very long story short, I was awarded nothing for mobility, and basic rate (£55 a week) for care.  I have gone down the route of asking them to look at the decision again, and all the further channels.  Last October I went for a further assessment due to my worsening condition, and have only just (yesterday) received their decision which upheld the original decision that I cannot get anything for mobility, even though they had doctors evidence and evidence from my Occupational Therapist.  I haven't slept since last October while awaiting their decision. They said I would hear within 4 weeks, but it took three months!  My blood pressure has been sky high due to the anxiety of it all, and I've now been diagnosed with depression. Even after telephoning various times and speaking to a case manager on two occasions, who both said I would hear within a week, and it still took a further four weeks.  I now believe we are being killed off slowly, as the powers that be must realise the stress this causes us older folk.  I know I can appeal again, but I can't afford to lose any more sleep, or get any more stressed.  I'm taking my BP on a daily basis.  I've lost the will to live, and have no more fight left in me.  It's such an unfair system.  How can they get away with telling you that you will be getting an amount indefinitely, and then just take it away from you? Surely there must be a Law against it?   It doesn't make sense.   Rant over.  Thank you for reading this, and I'm sorry if I've bored you.

Matilda

You need to appeal to a Tribunal as 65% of appeals succeed.  Disabilty Rights UK site has a good guide to PIP in general including a draft diary that you can adapt.  Submit a 7 day diary with your appeal.

A tribunal increased my award to enhanced both elements from standard both elements.

Tribunal grilled me about my walking but accepted that I can't walk more than 20m before I need to stop and rest for a few minutes.  To get enhanced you must not be able to walk for more than 20m or for 30 seconds. 

Pippa_Alumni

Hi @romanymoonlight, thanks for sharing this with us and I'm sorry to hear that you're having to go through this process, especially as it's causing you such stress. As Matilda says, a Tribunal may be a good idea. If this is something you'd like to consider, do check out our advice on appealing a DWP decision, and get back to us with any questions you may have.

Allyson

I don’t know if the upload works - but I recently found an article that might inspire us to keep fighting the system

this person was on their way to an assessment appointment and got a text to cancel it - then they changed their minds & stopped the benefit as they hadn’t turned up

Matilda

I've heard of similar things happening several times.  Don't accept a cancellation unless it's in the form of a letter.  Otherwise turn up anyway and if they still say it's cancelled ask them to give you a letter at the time.

CockneyRebel

Hi romanymoonlight and welcome

Please may I clarify
When did you change from DLA to PIP ?
Did you appeal to the tribunal at that Time ?
In october last, was this a change of circumstance to your existing PIP award ?

If the above is correct then the mobility award that you held at age 65 is the maximum you can be awarded even if your condition deteriorates.
So, the bad news is that if you had a PIP award at 65 that did not include the mobility component then you cannot receive one now.

CR

romanymoonlight

Thanks for the clarification CockneyRebel.  It's all so confusing. When I was on DLA I got the highest rate for mobility and care.  Now I just get the standard PIP award for care £55 a week.  No one told me you can't get the mobility component after 65.  If I had known I wouldn't have put myself through the humiliation of an assessment.  And I found it more of an inquisition than an assessment. At least I know now that there's nothing more I can do.

Matilda

@romanymoonlight

If you were assessed aged over 65 for PIP on changeover from DLA then you could still have got mobility.  If DWP didn't award mobility you could have appealed and a tribunal might have awarded you mobility.

For example, I was assessed for PIP aged 68, on DLA/PIP changeover, and awarded standard mobility which a tribunal increased to enhanced mobility.

I'm not sure whether you are out of time now to appeal to a tribunal though late appeals can be allowed in certain circumstances.  I suggest you explain the position in Ask a benefits advisor category and they will be able to advise if you could still appeal (and maybe get mobility).

Allyson

I think what CockneyRebel said was that if you get PIP you keep it, but it depends on when (can’t claim after 65)

you would probably be well advised to seek professional assistance and request a reconsideration (or whatever they call it now) or ask for a tribunal- don’t go on your own though 
take someone who will stick up for you if they start overstepping the mark 

go go for it - what do you have to lose?

romanymoonlight

Hi Matilda.  I did appeal at the time and a tribunal decided not to change the original decision.  I think the fact that I'm not on any medication makes a difference.  The reason I'm not on any, is that I have an adverse reaction to most painkillers and anti-inflammatories.  Also had a very bad reaction to a blood pressure pill I was taking.  So the powers that be assume that because I'm not on any medication, I'm don't have mobility problems.  Nothing could be further from the truth.

Allyson

It’s a minefield !!

Matilda

@romanymoonlight

PIP is a very flawed system!

If you want to try again for the higher rate daily needs, Disability Rights UK site has a good guide to all aspects of PIP including a draft diary.  Good idea to submit a 7-day diary with your application.   Using aids gets you some points especially if you struggle even using aids.

I advise people, if they can, to buy their own car not lease from Motability in case they lose their mobility component.  Some dealers will give 5 years' interest free credit on new car purchases.

Potassium can lower blood pressure. Holland and Barrett sell potassium tablets.

Allyson

Thanks- I was granted lifetime higher rate mobility and middle rate care in 2008. Exchanged it for car then but they don’t have a good choice of automatics!! I can no longer drive a manual because of the pain in my lower back

we are just discussing what to do!  Do we change the car now but not put as much in expecting to get it stopped ?   We don’t have lots of money, but I need to have something higher to sit in- but struggle to get into husband’s car 

disable_mable

I got A 1200CC motorbike for Christmas. I,m 81! 

Allyson

Good for you

Allyson

Looks like I have my appointment today !
Bit annoying that there’s no public parking facilities at the assessment centre