PIP, DLA and AA
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Got 8 points for PIP through written appeal, now being told I didn't

bob708bob708 Member Posts: 4 Listener
edited March 2018 in PIP, DLA and AA
I was awarded lifetime DLA it was stopped after pip I went for the appeal lost got 0 points sent a written appeal got a letter back saying I had 8 points but I lost the letter so phoned and asked for a cipty they said I never got 8 point award I replied for pip and they haven't got back to me although they sent avtext saying they had received my letter that was back in January 

Replies

  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hi @bob708 and welcome to the community. You have found a safe place here, are among friends and we are very glad to have you with us.
    Although I am not a benefits advisor we do have them here and, if you can bear with us, they will respond to you as soon as possible.
    Warmest best wishes to you,
    Richard
  • bob708bob708 Member Posts: 4 Listener
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi bob and welcome

    Did you appeal to the tribunal ? if so you should ask them for a copy of the decision
    Have you now made a new claim ? The first part is usually made by phone and then a PIP 2 form as before

    CR
    Be all you can be, make  every day count. Namaste
  • bob708bob708 Member Posts: 4 Listener
    Yes I still have letter of 1st appeal saying 0 points made new claim back in Oct 17 heard nothing
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    We need some clarity on this. The first challenge is a mandatory reconsideration. Done over the phone in writing. Is that when you scored 0 points? If you then appealed (and you can only appeal after an MR has failed) then it's possible DWP could revise the decision to 8 pts. to prevent the appeal proceeding or it could go to appeal and you won either a paper or oral hearing. 

    If DWP revised prior to appeal then you want a copy of the DWP revised decision. That should still exist in computer form.

    If you won at appeal (paper or oral) then you want a copy of the tribunal decision from HMCTS. The latter routinely destroy these after a set period of time has elapsed. However, if you (or they) could identify the judge then it's possible (but a long shot) that they could have retained their notes and would be able to reconstruct the decision from that.  
  • bob708bob708 Member Posts: 4 Listener
    I went to a appeal court hearing they gave me 0 points I then wrote a letter to DWP complaint how these 3 judges could only give me 0 points wen I was given DLA for life I got a letter back saying I got 8 points so I asked for a blue badge as I lost the letter saying 8 points so I asked for copy was told I was never given 8 points although 2 people had found proof saying they would send it to me I still haven't got it so I made another pip appeal in 2016 no answer yet ?
  • wilkowilko Member Posts: 2,300 Disability Gamechanger
    @bob708, hi bob many people moving from DLA to PIP have their award reduced or stopped, the main reason is that DLA criteria is about your disability whereas PIP criteria is all about your abilities to preform the descriptors repeatedly to a time and standard. So having filled in your application for PIP stating what your capabilities where and at the accessment explained told the accessor why you can't or unable to do the tasks descriptors from the form a desision is made as to how many points you will be awarded. So Bob if the accessor has or had entered false answers then you have to appeal if these can be proved beyond any doubt.
  • hnkhnk Member Posts: 3 Listener
    Hi, how PIP is awarded is a joke.. I used to have dla middle rate care and low mobility  then they decided just before pip came in that I was no longer eligible as part of my claim was false. Tried to appeal but never won. ....when PIP began I applied for it and got turned down 4 times all with appeals befor the 5th time they gave me 8points to allow me low care. I am epileptic with osteoporosis and compressed fractures, I had to give up my retail job. According to them I'm able to wash, dress, shop all things in life as well as work !!!!! Unfortunately many employers don't agree. I know of people that have high care and low mobility with a lot less wrong with them. Frustrated is a polite word.
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    There is no rule which says PIP should award an equivalent amount to DLA. It is a different benefit for multiple reasons. You were certainly badly advised if you didn’t attempt to take your original claim to the upper tribunal and you should also have gotten advice on multiple claims as that’s usually a very detrimental scenario. Having to give up employment is also irrelevant. Neither PIP nor DLA are income replacement benefits. Whether or not you can shop or work has always been an irrelevant consideration for PIP. 

    Finally, the number of things you have wrong is also irrelevant and comparing yourselves to others is not only irrelevant but also potentially offensive. You know no more about how other people are impacted by their impairments than they know about you and playing disability top trumps is a mugs game. 

    Everybody on here knows a fraudster; knows that they’re entitled and yet rarely obtains competent advice. Instead of being frustrated and lashing out at other people who may in fact be considerably worse off than you I would strongly recommend you get face to face advice. You may find your entitiement is incorrect. You may also learn that it is not.
  • hnkhnk Member Posts: 3 Listener
    I'm sorry if I offended anybody. The job centre won't tell me what I can try to claim apparently I have to fill the forms in for the benefit then they'll say yes or no !!! Shaw trust and reed say they need referral form job centre before they can help, cab is near impossible to get them to answer phone and you can no longer walk in. I gave up work as I couldn't do that particular job anymore no other reason.  If PIP doesn't take into consideration wether you are fit to work because of disability or of how many disability you have
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    No offence taken.

    What you describe in terms of how you came to get 8 points is, if I may say so, rather odd. You won nothing at appeal. That would leave you the route of appeal to an upper tribunal or a set aside but you say you did neither of those and yet got 8 points after a “complaint”. That seems unlikely in my experience. If you lost your copy of that award and it was made by DWP not a tribunal then DWP would ordinarily have no problem supplying a duplicate so I’m at a loss to think why you wouldn’t be able to get one other than some idiot telling you erroneously you had 8 points when you did not. There were plenty of examples of people wrongly being told stuff like that at the time but surely if it were true payments would have been made and you’d be able to evidence it from bank statements. 

    You then say you lodged another PIP appeal in 2016 but you’ve not heard anything yet. In order for you to do that you’d have needed to make another claim and mandatory reconsideration even with the delays at the HMCTS end I’ve not heard of anyone having a 2 year delay.

    So, for me, none of what you describe makes sense. That and your continued reference to PIP as being something to do with fitness to work, when it has literally nothing to do with that, suggests to me that you’re very confused about what has taken place. Have you had any face to face advice on any of this? Any representation?
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