Do I or don't I go to appeal at 64?? — Scope | Disability forum
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Do I or don't I go to appeal at 64??

Milly123 Member Posts: 34 Connected
I was on dla for 9 years, low rate care and higher mobility. Now forced to go for pip. Assessor lied at face to face and stated that I could walk on my partners arm but not leaning on him, slowly and in discomfort but steady and that i walked a few metres accross the room. I never even left my wheelchair except when my partner helped me to transfer into a chair right next to my wheelchair and back into my wheelchair at the end. I got awarded standard care and standard mobility. I expected to get enhanced mobility as I was on higher mobility on dla. My health has not improved during the last 9 years, it has got worse with more problems now. I went ahead with a M.R and my partner wrote on my behalf that we disagreed with the walking part completely plus some other untruths this assessor said in her report. They came back and said they could still only offer me standard rate for both parts until 2024 ( so I will probably loose a year of that as they seem to assess again a year before award ends. What a con that is too, they probably turn people down at that point to save money by not paying out for that last year!)  In fact, I wouldnt be at all surprised if they decided to assess me again once I've reached 65 so they can take my award off me to save yet more money!! Now I feel in a bit of a quandary. I was 64 a few months ago. They can take up to a year for an appeal, so I will then be 65. Now pips ends when you are 65. So if I went ahead and appealed and got turned down by some chance, that would be the end of pip for me. If on the other hand they increased my award, I know I would get it backdated but only as long as dwp didn't appeal against it. So again, dwp have the upper hand and I get all the stress once more. I don't know how long the appeal wins get their awards from the court for but just say they gave me the enhanced mobility and only give it for 2 years. After that, I would be 67 or possibly 66 and I wouldn't be able to claim pip again. If I didn't go to appeal, my award at the moment should end when I'm 70 (or 69 if they assessed me 1 yr before). So, if they didn't call me in again to  re- assess me until the end of my award or 1 yr before, I could be doing myself out of 3 to 4 years money. I think I've just talked myself out of going to appeal after all but I'm still really angry with the assessors lies that have cost me the enhanced mobility. Although I would be grateful if our community could tell me how long the courts award you for to make sure I'm doing the right thing. If it was for 5 or 10 years then it would be worth me taking the risk. If it's only a couple of years, then I think I will stay where I am on standard rate for both and just stew over that woman's lies. Thanks for your patience in reading this, I couldn't make it any shorter and get my point accross.


  • wilko
    wilko Member Posts: 2,457 Disability Gamechanger
    Milly123,  it's a difficult one this as many people like yourself move from DLA to PIP have a reduced award as they don't fullfill the PIP descriptors to get the enhanced awards they previously had under DLA. As in your case the acessor lied and assumed your capilities regarding your mobility abilities awarded you the basic rate when clearly you should have had the higher rate. If there is or was an hidden agenda from the acessor and DWP to down grade you is open to debate but if you are conferdant and sure about your mobility inabilities then  I would appeal and get your correct award. It's the long waiting time span that puts people off taking their cases forward. Get some advice before proceeding from the CAB who I am sure will be best placed to help you but if there is a time limit appeal anyway then seek advice if not to your liking the you can with draw your appeal but if you go past the dead line for making an appeal all would be or could be lost. Good luck and keep us updated.
  • Milly123
    Milly123 Member Posts: 34 Connected
    Thank you wilco for your good advice. I know I should have got the enhanced rate for mobility but it is just the assessors word against mine and my partners and of course dwp believe the assessors. I am running out of time If I'm going to appeal. They need it back by 2nd of August (that'll be the a month from date of MR that I got back which was 2nd July. I suppose I've got nothing to loose by appealing ( except my sanity, I'm so stressed with it all). As you say, I can withdraw it at any time but could loose all if I go past the deadline. I just wish I knew how long the courts awards are for. 
  • April2018mom
    April2018mom Posts: 2,872 Connected
    I would personally. This is a common thing unfortunately. I see it all the time. 

    I have read articles about the number of people in Britain who have had their car taken away from them because their award changed. Many people previously receiving DLA have been affected by the move to PIP. In your case the assessor actually acted unlawfully and unprofessionally. You are legally entitled to the highest rate of mobility. Ask for a compulsory reconsideration. 

    Hang in there. Seek assistance from your local CAB. Or talk with one of Scope’s disability benefits advisors. They should be able to help you fight for what you rightfully deserve. If you are confident about your disability then you should appeal the decision. Good luck and please do keep us updated. 

    Hugs. I’m so sorry for you. 
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    In fact you have up to 13 months to appeal - but you have to give a good reason for the delay.

    If you are on PIP pre age 65 then you keep PIP post 65 as long as you continue to meet the criteria.  

    The mobility level that either you accept after DWP decision or are awarded on appeal is the max you can ever get post 65.  If you appeal and get enhanced mobility then you could appeal or re-apply for enhanced mobility again in future if at some stage your mobility is reduced to standard.  However, if tribunal keeps your mobility at standard then you could not, if over 65, ever get enhanced mobility.  

    The same does not apply to DL.  Post 65 you are always eligible for enhanced DL as long as you meet the criteria (and as long as you were on PIP pre-65, of course).

    Lengths of awards vary a lot.  When an award is coming to an end post 65 (as well as pre 65), you don't have to reapply.  DWP 'review' your current award a year before it's up and might just continue the award after the end date.  If DWP don't award you what you deserve after review, then you can appeal.  Except that if you were on standard mobility, or none, then you wouldn't be able to increase your mobility award.

  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    It depends on how motivated you are. Also bear in mind people are living longer so will pip enhance your life? Good luck


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