lost my DLV mobility to PIP

Mo1949

I need help please I have lost my DLV mobility to PIP the difference is only £3 but I only get daily living therefore next time they could take more off me!!. I have appealed but the letter that came said they advise to oppose the appeal but i am still going to tribunal, any advice please  is there someone out there who could take my case on for me. Thank you.

steve51

Hi @Mo1949

Good Evening it’s great to meet you today.

Have you only lost £3 within the change over???

We have got lots of info/members in similar situations as you find yourself.

Please please let me know if I can help/support you in anyway ?????

Mo1949

Hello Steve51
Yes I know it sounds like I'm moaning over £3, but its the knock on effect as no mobility - no blue badge? etc.,, Also what will they try to take off me next time?

Pippa_Alumni

Hi @Mo1949, and welcome to the community!

So sorry to hear about your situation. I'm sure some of our community members will be able to advise, but in the meantime this guidance on appealing DWP decisions may help you to prepare for your tribunal.

https://www.youtube.com/watch?list=PLEJWI99Hx3tGw-3uOAv-X3DEetbUamZS4?ecver=2&v=2WEvbFVlQOc

Mo1949

Thank you Pippa_ I sure that will help me, I'm struggling as I was told I would get DLA for life and now they have changed the goal posts and at my age it is not easy I am nearly 70, and to top it all I fell down our stairs on 23rd March and that did not make my Spinal Stenosis any better!!!

Matilda

Local authorities have discretion to award blue badges without pip.  Contact your local authority.

try to get some f2f advice from cab or similar about appeal.  69% of appeals succeed.

Mo1949

Thank you Matilda, that's helped that I shouldn't have my blue badge removed. Please what is cab, I am getting on a bit and don't understand some stuff.

Matilda

@Mo1949

CAB = Citizens Advice Bureau.  They also have a website.

Disability Rights UK site (DR) has a good guide to all stages of PIP.  They also publish Disability Rights Handbook which has a good section on Tribunal appeal hearings.  Price £18.50 from DR site or might be in your local reference library.

69% of appeals win.

Did you ask DWP for a copy of assessor's report which will give reasons for refusing you mobility?  Many assessors tell lies and say that claimants can walk much farther than they can, with no credible evidence in support.  So their claims are easy to challenge on appeal.

Mo1949

Matilda,
Thank you so very much, yes, I am slowly finding out how much these assessor's tell lies, I just wish I did lie a bit or just twisted the truth a bit, but I've always been told to tell the truth otherwise it can come back on you and bite you in the bum!! My assessor said in her report I could walk 50 to 200M and the office was the furthest down this long corridor and I walked (stumbled) with my walking stick and my husbands arm, and in a 43 minute interview she knew more about me than my Doctors who have known me for 45 years. Yes I have all the reports the first one from the assessor and the one from the mandatory appeal, I have a very big file now. Thank you so much I will check that book out in the library. I am so grateful to you. 

Matilda

@Mo1949

You're very welcome.  My assessor claimed because I walked 16m waiting area to interview room then I must be able to walk 20-50m!  Nonsense. Tribunal awarded me enhanced mobility.

whistles

Be aware that they will look at your whole claim and not just the mobility section.
How many points below the minimum were you? 

I would look at what benefits you currently receive and as someone has said look into the blue badge or what you're area offers. 

No advice because it's really your decision. But depending on the length of award I would leave for the sake of £3. I lost £130 and that hit jolly hard!

Mo1949

Matilda, well done, I've been in touch with HMCTS and they say my court date will be in September, (due to our holidays) so that's something to look forward to.Thank you for all your help.

Mo1949

whistles and lillybelle.
I am 2 points off mobility purely because I ticked sometimes instead of yes, stupid me being truthful but that was last year and now I rely on my husband more and more so if it was today I was filling form in it would be YES. I am nearly 70 so I dont think a miracle is going to happen and suddenly I will be running and jumping about. Its not the £3 its what will happen next time if I just take it lying down without a fight what next will they take off me. Thanks for your input.

Matilda

@Mo1949

If you are confident that the tribunal would have no reason to reduce your daily living points, then it's worth appealing mobility though as others have said tribunal will look at your whole award.

Do you mean two points off standard mobility, i.e. you got 6 points?

At tribuna,l if for example you can only walk 20-50m 50% of the time, i.e. at least 4 days a week, insist that is the case.

If you are asked for how long can you walk, rather than how far, don't just give a time as panel might suppose you can walk farther than in fact you can.  Say that it takes you X seconds or minutes to walk Y meters.  For example, DWP think 30 seconds to walk 20m is slow walking.

Tribunals think that ability to do a lot of driving indicates lower levels of daily needs (stamina, strength, grip).  I only make a few short car journeys each week.  Tribunal awarded me enhanced daily living, plus enhanced mobility.

Mo1949

Thank you Matilda, I got 8 points for daily living and 4 points for mobility, the assessor said i could walk 50m and no more than 200m. I don't do a lot of driving now, I drive an automatic but my left leg I have to move around as I get pain in the legs so can't drive far and the right leg is not much better. I drive about one and half miles to shops and back. WOW 30 seconds to walk 20m to me that's fast, no way could I do that.  I am going to the library on Monday which is about the same distance and going to get that book. Thank you you have been very helpful.

Mo1949

Hi everyone, just a quick update on my DLA transferred to PIP and the loss of my mobility award. I am now happy to let you all know I went to Tribunal and did all my research and homework as you all suggested wrote everything down and tagged my papers and I sat with my husband in front of a Judge, a Doctor and Social Worker and they asked me lots of questions to which I answered and they kept asking if I was happy with my Daily Living and I said I was and I was awarded the high Mobility back. It took 18 months or so to get my Mobility Award back but it was worth it and it was back paid. So people do not give up, first Appeal then Tribunal.  It hasn't made me walk any further or stopped the pain. Thank for for all your support.

Matilda

Well done!

Matilda

Yes, @Mo1949, it is worth appealing despite the wait and the hassle.  DWP want people to give up but those that don't give up usually win.

Mo1949

Thank you so much for all your help Matilda it definitely was worth the wait and worry. Because of you I was able to help a friend and she won too well actually it was her daughter. Many thanks. 

Matilda

You are very welcome, @Mo1949

madquasimodo

Remember whatever distance you can walk it should be safely and reliably AND in a reasonable time, if it takes you longer and it takes time to recover after walking the distance,
So if you can walk 20 yards how long before you can repeat this out extreme pain, can you do this in a normal time if not how much longer does it take.