PIP is being reconsidered. Can I still use my disabled persons railcard?

Pearson1975

Hi my PIP is being reconsidered as they first of all denied it as they think my MS isnt that bad! Can I still use my disability rail card?

Yadnad

Of course you can. I lost all of my PIP earlier this year and as I purchased a 3 year Disabled Persons Railcard last September I can use it until September 2020.

It's how you were when you applied - much like the Blue Badge, I still have one of those issued in June last year - it runs until June 2020.

mehrfarbig

You can use it till the end date on your card. 

mehrfarbig

During your reconsideration/appeal ask them the reasons they reduced your award when your conditon hasn't improved as they need to explain their reasoning. 

Yadnad

mehrfarbig said:

During your reconsideration/appeal ask them the reasons they reduced your award when your conditon hasn't improved as they need to explain their reasoning. 

I doubt that there is a reason. The decision maker that made the current decision is not bound by any other decision previously made.
In fact decision makers do not need to even agree with each other - you could have say three decision makers looking at your current claim and it is more than likely that in the first instance all three of them would probably have given a different decision. However when it comes to an MR whilst it will be a different decision maker looking at it, you will find that they don't look at the case from new but look to see if the previous decision maker was right in how he/she came up with their decision making thoughts - a different thing altogether.

mikehughescq

It’s an interesting one as the T&Cs refer to receipt of DLA/PIP as a condition of eligibility but also say they’ll only check this at the point you renew. I would read eligible as meaning eligible for the life of the card rather than just eligible at the point of application but the way they’ve written the T&Cs suggests they’ve no right to check your ongoing eligibility until you renew.

I may seek a second opinion on that.

Yadnad

mikehughescq said:

It’s an interesting one as the T&Cs refer to receipt of DLA/PIP as a condition of eligibility but also say they’ll only check this at the point you renew. I would read eligible as meaning eligible for the life of the card rather than just eligible at the point of application but the way they’ve written the T&Cs suggests they’ve no right to check your ongoing eligibility until you renew.

I may seek a second opinion on that.

The way I read it and it was confirmed by a telephone jockey at National Rail enquiries that eligibility only matters when the application is made.
 As you say they have no right to review until re-application. I suppose they could insert a clause that says that the onus is upon the applicant to notify them if they lose the award that made them eligible in the first place, but then how are they going to police it? Spot checks on the train to produce a current award notice which incidentally means nothing as the award could have been cancelled after that was issued or maybe that they have access to the DWP computer system? Also if the rail card was issued on the strength of a PG report or other similar6 evidence how would they police that?

What then of the Blue Badge - that is still valid even if you lose entitlement via PIP or DLA in the interim. Should the badge be handed back and then re-applied for after a Tribunal win when the award is reinstated? I suppose they too could put a similar clause in their T&C or also have access to the DWP computer system.

All of this sounds like a nightmare and would be cleared up for both if and when there is a successful prosecution of using either cards/badge after the PIP/DLA award had been withdrawn.

[Deleted User]

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mikehughescq

Victoriad said:

It seems that neither of the organisations have put in a clause so why worry un necessarily about something that does not exist?

So, you’ve decided to be this weekends troll. Bravo. Keep it going. We all know how it ends. 

The answer to your question in response to a question is that people are naturally concerned given a number of high profile cases in which people erroneously had their rail cards taken off them without, as it turned out, any legal basis for the organisations concerned doing so. 

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mikehughescq

The OP asked a question and both @yadnad and I have answered it factually to the best of our knowledge. They haven’t taken issue with our responses yet you have. 

If people have insecurities and come online then those are likely to be magnified regardless of how factual the answer. However, to be criticised for a purely factual answer makes it look like you’re looking to pick a fight as do those posts where you have been trolling by posting the job description and salary range of a WRO having had a discussion with me on another thread where you clearly disagreed but couldn’t accept you were alone in doing so.

So frankly I’m not going to be accepting a lecture from someone who engages in such behaviour. I can only say to you what I have says to others. If you have legitimate cause for complaint then report the specific post. Would you like me to report every post where you posted the link or maybe you’d like to reconsider your disingenuous approach?

If you have a better factual answer for the OP then I’m sure it would be welcomed. If you have nothing positive to contribute then why criticise posters who have made a wholly factual contribution which answers the question? 

Alex

Good evening.

@Victoriad and @mikehughescq you are both valued members of the community but you've now derailed quite a few discussions by arguing with each other. Please try harder to be civil towards each other. If you don't feel you can - then I'd encourage you to just refrain from replying to each other for the sake of other users who are trying to get advice and support here.

I will now close this discussion. Have a good night.