PIP, DLA and AA
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Does anyone know the ins and outs of DLA/PIP etc?

moonflowermoonflower Member Posts: 3 Listener
edited June 2018 in PIP, DLA and AA
Good afternoon.  Lovely to meet you. Does anyone know the ins and outs of DLA/PIP etc?  I'm totally confused.com

Replies

  • AlexAlex Scope Posts: 1,324 Pioneering
    Good afternoon @Moonflower!

    Welcome to the community. You've certainly come to the right place. We have many users who have been through the process of going from DLA to PIP.

    Is there anything particular you'd like to know about? Are you due to be assessed for PIP soon?
  • mikehughescqmikehughescq Member Posts: 5,934 Disability Gamechanger
    What specific do you need to know?
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    Can enyone tell me how long to wait tribunal and will that over turn the dission
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It depends on backlog in your area. It could be several months and more as there's huge backlogs in most areas. You can ring the Tribunal with your reference number and ask how long they think it will be.

    Attending in person will give you a 70% chance of a decision in your favour. It's much less for those who have a paper based decision. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    moonflower,

    There's lots of info we could give you but as regards tribunal waiting times, maybe 6 months, could be shorter, could be longer -  to find out what is expected at the moment, ring the office number on the letter confirming that they've received your appeal.

    Your chances of success are high, given the statistics about PIP appeals. However, to give yourself the best shot make sure you explain to the tribunal, in writing if you can, what points you should have got and why. You can use the PIP self-test to help identify those points.

    Give evidence if you can, and where you're asking for something different from the assessor's report, explain any major contradictions. However, you don't need to point out everything which is incorrect in the report - there's usually too many errors, and the tribunal are only really interested in the award you think you should have got, and why.

    Good luck!

    Will


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • moonflowermoonflower Member Posts: 3 Listener
    Thank you for your assistance.  I was on DLA at the highest rate for both mobility and care 'indefinitely' according to the DWP at the time.  I then had to go for a PIP assessment a couple of years ago, when they decided I was only entitled to daily living at the standard rate. In September last year I had a face to face assessment as my condition has worsened. I waited a very painful four months for their decision, and again was only awarded the standard daily living rate of care.  By this time I was physically, mentally and emotionally exhausted. My blood pressure was sky high (202/100) with the worry of it all, and so when the decision letter arrived I tore it up and vowed never to put myself in that position again. However, now I have had some time to recover from the shock of that, I wish I had appealed, but I don't know what to do now.  I am practically housebound, can't get out because I can't afford a car, and buses in this village are old and infrequent, so I couldn't get on one if I wanted to.  I just need to know what I do now. If I apply again, I don't think I could cope with the stress and worry of it all, but at the same time I can't cope on the money I am receiving at the moment.  I also wish I had asked for a copy of the assessor's report, because he wasn't very nice, and was only interested in telling me he was a paramedic.  I am 69 years old. If anyone can point me in the right direction would be grateful.  Thank you in anticipation.
  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    Ah bless you good luck. It's not an easy road is it .I say fight ☺
  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    I'm on my 40s the thought of having too go through all this for another 20 years jesus!
  • YadnadYadnad Posts: 2,856 Member
    moonflower said: 
     I was on DLA at the highest rate for both mobility and care 'indefinitely' according to the DWP at the time.  I then had to go for a PIP assessment a couple of years ago, when they decided I was only entitled to daily living at the standard rate. In September last year I had a face to face assessment as my condition has worsened. I waited a very painful four months for their decision, and again was only awarded the standard daily living rate of care.  By this time I was physically, mentally and emotionally exhausted. My blood pressure was sky high (202/100) with the worry of it all, and so when the decision letter arrived I tore it up and vowed never to put myself in that position again. However, now I have had some time to recover from the shock of that, I wish I had appealed, but I don't know what to do now.  I am practically housebound, can't get out because I can't afford a car, and buses in this village are old and infrequent, so I couldn't get on one if I wanted to.  I just need to know what I do now. If I apply again, I don't think I could cope with the stress and worry of it all, but at the same time I can't cope on the money I am receiving at the moment.  I also wish I had asked for a copy of the assessor's report, because he wasn't very nice, and was only interested in telling me he was a paramedic.  I am 69 years old. If anyone can point me in the right direction would be grateful.  Thank you in anticipation.
    At 69 and being on Standard Rate for Care PIP, you cannot ever be awarded the Mobility element.
    At best you could get Enhanced Care or at worse nothing at all if you put in for a late Mandatory Reconsideration of the September award. You could also ask the DWP to be re-assessed for Care as your difficulties have increased. Again you could go to Enhanced Care, stay on Standard Care or even lose it all.

    So in a way there is not that much that you can do other than those two. 

    The time when you should have appealed was after the first PIP award when you lost the Mobility element.

    I fully understand how you are feeling - I too gave up claiming PIP as it was getting me down with all of the face to face assessments and fighting to get what I was entitled to.
  • moonflowermoonflower Member Posts: 3 Listener
    Can I sue the DWP for breach of contract as they awarded me DLA at the higher rate indefinitely?

  • mikehughescqmikehughescq Member Posts: 5,934 Disability Gamechanger
    No. There’s no contract for starters and even indefinite awards could be subject to periodic or random review. 
  • dean1370dean1370 Member Posts: 4 Listener
    Hi a lot of people where awarded DLA INDEFINITELY , unfortunately claimants presumed this meant dla was for life , the DWP had a get out clause and indefinitely meant for as long as dla excisted , hence why they changed it to pip , dla no longer available hence why most people where reassessed and given shorter periods and lower payments , In some cases it was justified as some people claimed dla and was awarded indefinite and never had to attend a medical , s lot of cases the DWP found the people claiming dla for ten years , and where fully recovered from the illness they once had . But no random checks where made, hence why they changed it to pip . 
  • mikehughescqmikehughescq Member Posts: 5,934 Disability Gamechanger
    dean1370 said:
    Hi a lot of people where awarded DLA INDEFINITELY , unfortunately claimants presumed this meant dla was for life , the DWP had a get out clause and indefinitely meant for as long as dla excisted , hence why they changed it to pip , dla no longer available hence why most people where reassessed and given shorter periods and lower payments , In some cases it was justified as some people claimed dla and was awarded indefinite and never had to attend a medical , s lot of cases the DWP found the people claiming dla for ten years , and where fully recovered from the illness they once had . But no random checks where made, hence why they changed it to pip . 
    You’ve just repeated multiple government myths which are demonstrably wrong.

    1 - The change to PIP was done explicitly to reduce expenditure by 20% in order that the money could be redirected towards Universal Credit. That’s documented and easily verifiable.

    2 - Around 71% of awards were indefinite. The overwhelming majority were awards started below the age of 16 i.e. people born with disability. Only 16% were awarded with no medical but 84% of awards had other compelling medical or non-medical evidence. 

    The idea that indefinite awards were by and large a con is a complete myth. Bear in mind these are the DWPs own figures!

    3 - DWP did not find lots of cases where people had 10 year awards but had “fully recovered”. DLA fraud ran at around 0.5%. Ironically, PIP fraud is running at 1.2%.

    4 - DWP have always run random checks since 1948. There have been discrete pieces of work like the Benefit Integrity Project. There are also 3,000 random checks every year per benefit and a whole pile of other stuff on top. 

    Depressing that claimants still buy into such demonstrable nonsense. 
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