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

moonflower

Good afternoon.  Lovely to meet you. Does anyone know the ins and outs of DLA/PIP etc?  I'm totally confused.com

Alex

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?

lisabrazil80

Can enyone tell me how long to wait tribunal and will that over turn the dission

poppy123456

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.

BenefitsTrainingCo

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

moonflower

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.

littleruthie123

Ah bless you good luck. It's not an easy road is it .I say fight ☺

littleruthie123

I'm on my 40s the thought of having too go through all this for another 20 years jesus!

Yadnad

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.

moonflower

Can I sue the DWP for breach of contract as they awarded me DLA at the higher rate indefinitely?

dean1370

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 .