PIP, DLA and AA
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Appeal pip

darcieolliedarcieollie Member Posts: 29 Connected
Ive just called appeals for my pip they say a decision has been made and it’s in the post I’m starting to worry what it’s going to say now as my multiple scelorosis nurse sent in more evidence in June and this is a very quick reply from the appeals 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Do you mean the Mandatory Reconsideration and not Tribunal? A tribunal hearing can take several months, a year in some areas. If it's MR decision you're waiting for then ring DWP and they'll tell what the decision is. 
    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.
  • darcieolliedarcieollie Member Posts: 29 Connected
    My case went to court of appeal and the judge made a decision on Thursday but I have to wait for letter in post. My claim has been going on since January 12th 2018 but it’s been with appeal since June. It’s a very quick response. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As you only requested the Tribunal in June that is an extremely quick decision. Did you ask for a paper based decision or did you tell them you would be appearing in person? Have you received the bundle yet, with all the paper work sent from DWP? I'm thinking you may have mistaken a decision being made on your PIP with a decision whether your appeal has been accepted. 
    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.
  • darcieolliedarcieollie Member Posts: 29 Connected
    I received my paper work back in July it was a paper appeal 
  • darcieolliedarcieollie Member Posts: 29 Connected
    They told me Friday that the judge made his decision on Thursday this week and it’s in post 
  • darcieolliedarcieollie Member Posts: 29 Connected
    I had a relapse and sent new evidence to them in June but it had gone to appeal and that’s where I sent the new information 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You'll just have to wait for the letter, you may receive it today if not then Tuesday because it's a bank holiday weekend. 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.
  • darcieolliedarcieollie Member Posts: 29 Connected
    Thank you hopefully today 
  • jewels24jewels24 Member Posts: 1 Listener

    Hi

    I am hoping that somebody will be able to answer a couple of questions for me.

    1.  I am transferring from DLA to PIP and I have recently received a letter refusing my claim.  I have written to request a review/appeal to this decision.  However the letter refusing me PIP stated that my current DLA will end on 28/08/18.  If I have written to ask for review, will my payment end on 28/08/18 regardless?

    2.  I am currently entitled to free Road Tax and the refusal letter stated that after 28/08/18, I would need to make alternative arrangements?  Is that the case if I am asking for review/appeal?

    3.  I need to apply for a new blue bade as mine expires in October.  Can I do this still using my DLA status or will I need to get my doctor to provide evidence while my appeal is going through?

    Thanks for your help.

    Jewels

  • YadnadYadnad Posts: 2,856 Member
    edited August 2018
    jewels24 said:

    Hi

    I am hoping that somebody will be able to answer a couple of questions for me.

    1.  I am transferring from DLA to PIP and I have recently received a letter refusing my claim.  I have written to request a review/appeal to this decision.  However the letter refusing me PIP stated that my current DLA will end on 28/08/18.  If I have written to ask for review, will my payment end on 28/08/18 regardless?

    2.  I am currently entitled to free Road Tax and the refusal letter stated that after 28/08/18, I would need to make alternative arrangements?  Is that the case if I am asking for review/appeal?

    3.  I need to apply for a new blue bade as mine expires in October.  Can I do this still using my DLA status or will I need to get my doctor to provide evidence while my appeal is going through?

    Thanks for your help.

    Jewels

    1. No your DLA will cease on the 28th August regardless of what you decide to do about the PIP decision.
    2. Yes you will have to notify the DVLA that as from the 28th August you are no longer entitled to the Road Tax reduction. You will have to pay the full rate from that date.
    3. Your DLA will have ceased by the 28th August so you cannot use it as a way to get the new Blue Badge in October. You will have to apply to your local council for one but without the automatic entitlement. This will involve completing a long form, submitting evidence that you have difficulty in walking and more than likely have as assessment to attest to your difficulties
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good luck
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • YadnadYadnad Posts: 2,856 Member


    jewels24 said:

    Hi

    I am hoping that somebody will be able to answer a couple of questions for me.

    3.  I need to apply for a new blue bade as mine expires in October.  Can I do this still using my DLA status or will I need to get my doctor to provide evidence while my appeal is going through


    Just to let you know how difficult it can be to obtain a Blue Badge without the automatic entitlement.

    I filled out the council form for my wife who is 75 and for the past 9 years has been receiving the day & night rate of Attendance Allowance (the equivalent to High Care for DLA). As it does not feature anything for mobility I had to submit evidence that she finds it difficult in walking any distance beyond 20 metres or so. 
    She already had a Blue Badge which ran out yesterday.
    I received an email late yesterday afternoon saying that the application has been refused. Unfortunately there is no official appeal system in place. 
    You can apply locally for the decision to be looked at again

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    jewels24 said:

    Hi

    I am hoping that somebody will be able to answer a couple of questions for me.

    1.  I am transferring from DLA to PIP and I have recently received a letter refusing my claim.  I have written to request a review/appeal to this decision.  However the letter refusing me PIP stated that my current DLA will end on 28/08/18.  If I have written to ask for review, will my payment end on 28/08/18 regardless?

    2.  I am currently entitled to free Road Tax and the refusal letter stated that after 28/08/18, I would need to make alternative arrangements?  Is that the case if I am asking for review/appeal?

    3.  I need to apply for a new blue bade as mine expires in October.  Can I do this still using my DLA status or will I need to get my doctor to provide evidence while my appeal is going through?

    Thanks for your help.

    Jewels

    Hi,

    Unfortunately your DLA will stop on 28/8/18 regardless of the MR request for the PIP application. DLA no longer exists and you weren't awarded PIP on the transfer sadly. 

    You will need to contact DVLA and arrange to pay your road tax yourself because you won't be entitled to that, as stated in the letter. 

    Your blue badge renewal, as you no longer have your DLA mobility award and you've been refused PIP then you won't automatically qualify for a blue badge. You'll need to check the criteria for your local councils blue badge scheme because all councils are different.

    Do you claim any other benefits like ESA? This might be affected too.  does anyone claim carers allowance for looking after you? if they do then this will stop also. 

    For your MR request i'd advise getting further help from your local CAB or the likes. 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.
  • YadnadYadnad Posts: 2,856 Member
    edited August 2018


    For your MR request i'd advise getting further help from your local CAB or the likes. Good luck.

    Is that good luck in finding the help? If so I would agree with you entirely. After 5 years I never managed it.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good luck with your appeal. I got help from welfare rights and won at tribunal. It can be aclong Road.
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • PinPin Member Posts: 139 Pioneering
    You might find getting a blue badge isn’t difficult at all depending on your Council. I found it very easy - it was all done online and oddly I wasn’t asked for any evidence.
  • CazannCazann Member Posts: 88 Pioneering
    jewels24 said:

    Hi

    I am hoping that somebody will be able to answer a couple of questions for me.

    1.  I am transferring from DLA to PIP and I have recently received a letter refusing my claim.  I have written to request a review/appeal to this decision.  However the letter refusing me PIP stated that my current DLA will end on 28/08/18.  If I have written to ask for review, will my payment end on 28/08/18 regardless?

    2.  I am currently entitled to free Road Tax and the refusal letter stated that after 28/08/18, I would need to make alternative arrangements?  Is that the case if I am asking for review/appeal?

    3.  I need to apply for a new blue bade as mine expires in October.  Can I do this still using my DLA status or will I need to get my doctor to provide evidence while my appeal is going through?

    Thanks for your help.

    Jewels


    I also was turned down when I had to go from DLA to PIP. I am going to appeal. I have my own car and renewed my tax last October 2017, before I got the letter saying that my DLA would stop..  I have checked my road tax status on DVLA website, every week since my DLA stopped. It states that my car is still taxed (DISABLED) until Oct 2018! Also my Blue badge doesn't run out until Sept.2018.  I rang my local council and asked if I can renew my badge, even though I'm no longer on Disability. I was told that I can renew it and they gave me an appointment,for early October.
    I hope you can sort this out and good luck.

    Caz.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Cazann said:


    I also was turned down when I had to go from DLA to PIP. I am going to appeal. I have my own car and renewed my tax last October 2017, before I got the letter saying that my DLA would stop..  I have checked my road tax status on DVLA website, every week since my DLA stopped. It states that my car is still taxed (DISABLED) until Oct 2018! Also my Blue badge doesn't run out until Sept.2018.  I rang my local council and asked if I can renew my badge, even though I'm no longer on Disability. I was told that I can renew it and they gave me an appointment,for early October.
    I hope you can sort this out and good luck.

    Caz.
    You need to tell DVLA that you no longer claim DLA because you're no longer entitled to the free road tax and you'll need to take your V5C and all other details to your post office and you will be able to tax it there. They will send your V5C back to DVLA to change the disabled class. 

     Yes, of course you can apply to renew your blue badge but as you don't automatically qualify now then you'll most likely have to attend an assessment before it's renewed. 
    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.
  • PinPin Member Posts: 139 Pioneering
    They can’t change your Insurance class if you don’t tell them - you must do this ASAP.
  • YadnadYadnad Posts: 2,856 Member
    .




    .



    I also was turned down when I had to go from DLA to PIP. I am going to appeal. I have my own car and renewed my tax last October 2017, before I got the letter saying that my DLA would stop..  I have checked my road tax status on DVLA website, every week since my DLA stopped. It states that my car is still taxed (DISABLED) until Oct 2018! Also my Blue badge doesn't run out until Sept.2018.  I rang my local council and asked if I can renew my badge, even though I'm no longer on Disability. I was told that I can renew it and they gave me an appointment,for early October.
    I hope you can sort this out and good luck.

    Caz.



    From the date that your DLA stopped you have been using the car illegally without paying the Road Tax. You should report this and tax your car at the full rate.

    The following is an extract from the terms and conditions that you signed when you applied for your current Blue Badge

    I understand that I must promptly inform my local issuing authority of any changes that may affect my entitlement to a badge.

    Have you advised the issuing authority that you no longer have an automatic entitlement to the current Blue Badge?
    If not I would advise that you contact them and ask them what they would want you to do.

  • YadnadYadnad Posts: 2,856 Member



     Yes, of course you can apply to renew your blue badge but as you don't automatically qualify now then you'll most likely have to attend an assessment before it's renewed. 
    Renewal under that criteria is not automatic nor is it guaranteed.
  • blueboy87blueboy87 Member Posts: 69 Courageous
    Hi can anyone tell me which is best face to face appeal or written 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    blueboy87 said:
    Hi can anyone tell me which is best face to face appeal or written 
    Appearing in person at a Tribunal will give you the best chance of a decision in your favour. 
    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.
  • blueboy87blueboy87 Member Posts: 69 Courageous
    @poppy123456 thanks poppy who would be the best to take with you carer or someone from CAB or Welfare rights 
  • MisscleoMisscleo Member Posts: 646 Pioneering
    Thats very good advice
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    blueboy87 said:
    @poppy123456 thanks poppy who would be the best to take with you carer or someone from CAB or Welfare rights 
    CAB rarely support people for Tribunals now. There's a huge difference between a carer/friend or family member to a representative who will help you through the whole process. I've heard that those who have a representative have a much better chance than those who don't. A carer or family member is purely there to support you on the day and nothing else. I'm sure others will give their opinions on this too and be able to point in the right direction to getting help from a representative. 
    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.
  • darcieolliedarcieollie Member Posts: 29 Connected
    So happy the judge has said I’m entitled to daily at standard rate & mobility at enchanced rate .... keep fighting and you’ll win 
  • blueboy87blueboy87 Member Posts: 69 Courageous
    @poppy123456 so who would be best as a representative 
  • darcieolliedarcieollie Member Posts: 29 Connected
    I didnt have one I just had my specialist nurses to send letter for me
  • blueboy87blueboy87 Member Posts: 69 Courageous
    @darcieollie his gp done a good letter for him but when I phone for a mandatory the lady said they don’t go by that it’s what they’re like at assessment the outcome of his assessment wasn’t like anything that happened at his assessment she was late getting there then said I will have to be quick next person was there it’s just 1 big joke 
  • darcieolliedarcieollie Member Posts: 29 Connected
    Just get all the information from gps hospitals specialists and sent it direct to them by recorded delivery and don’t give up eventually you’ll get the right outcome ..... 3 times I’ve applied for pip lost my appeal in December 2017 put a claim in straight away .... now I have won it and they owe me money from 12-1-2018 till now 
  • YadnadYadnad Posts: 2,856 Member
    I didnt have one I just had my specialist nurses to send letter for me
    And if you had no one?
  • blueboy87blueboy87 Member Posts: 69 Courageous
    @darcieollie its good that you stuck it out and out and finally won you can treat yourself for all the stress you must have gone through 😊
  • CazannCazann Member Posts: 88 Pioneering
    Cazann said:


    I also was turned down when I had to go from DLA to PIP. I am going to appeal. I have my own car and renewed my tax last October 2017, before I got the letter saying that my DLA would stop..  I have checked my road tax status on DVLA website, every week since my DLA stopped. It states that my car is still taxed (DISABLED) until Oct 2018! Also my Blue badge doesn't run out until Sept.2018.  I rang my local council and asked if I can renew my badge, even though I'm no longer on Disability. I was told that I can renew it and they gave me an appointment,for early October.
    I hope you can sort this out and good luck.

    Caz.
    You need to tell DVLA that you no longer claim DLA because you're no longer entitled to the free road tax and you'll need to take your V5C and all other details to your post office and you will be able to tax it there. They will send your V5C back to DVLA to change the disabled class. 

     Yes, of course you can apply to renew your blue badge but as you don't automatically qualify now then you'll most likely have to attend an assessment before it's renewed. 
    Thank you for that advice. I will tax my car on Tuesday. I thought that, as my car was taxed last October for the year, that I could carry on using it until it ran out.  The same with my badge, although I did ring the local council to renew my badge. I explained that my disability had finished and I was going to tribunal appeal. They made an appointment for me to have an assessment in October.
    Thanks once again.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unfortunately not because you no longer have a high. Enhanced mobility award. 

    The assessment for your blue badge is because you don't automatically qualify and this will be to see if you do qualify. 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.
  • CazannCazann Member Posts: 88 Pioneering
    Thank you @Poppy123456.
    I will keep my fingers crossed and report back on the result. :)
  • YadnadYadnad Posts: 2,856 Member
    Cazann said:
    Thank you @Poppy123456.
    I will keep my fingers crossed and report back on the result. :)
    ….and your toes! My wife went for a renewal and they failed her.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good luck
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    As in previous posts, if you have a Community Law Centre contact them  If you live near a University with a School of Law see if they have an advice centre  Final year students are encouraged to take on some Pro Bono work for the community. 
  • YadnadYadnad Posts: 2,856 Member
    As in previous posts, if you have a Community Law Centre contact them  If you live near a University with a School of Law see if they have an advice centre  Final year students are encouraged to take on some Pro Bono work for the community. 
    Good advice as it goes. I would mention that it is highly unlikely that a student in their final year will have the experience or knowledge of the benefit system. Normally it is after you qualify that you can specialise.You are much better getting one of the lecturers to work with you if they have the time.
    For general legal advice yes go for it.
  • mikehughescqmikehughescq Member Posts: 5,937 Disability Gamechanger
    A bit of realism. There are a mere 44 law centres in the whole of the UK. Many, by necessity, have to specialise. Most do not specialise in social security. However, when it comes to schools of law there are only 6 in the UK. There are plenty of places running law courses and with advice centres but, as @Yadnad, has astutely observed, social security law really isn’t something you should be approaching them about. Until the last 15 years you needed a minimum of 2 years experience to secure a paid job doing benefits advice. Whilst that’s changed most of us would argue that in terms of competence it hasn’t really. 
  • YadnadYadnad Posts: 2,856 Member
    A bit of realism. There are a mere 44 law centres in the whole of the UK. Many, by necessity, have to specialise. Most do not specialise in social security. However, when it comes to schools of law there are only 6 in the UK. There are plenty of places running law courses and with advice centres but, as @Yadnad, has astutely observed, social security law really isn’t something you should be approaching them about. Until the last 15 years you needed a minimum of 2 years experience to secure a paid job doing benefits advice. Whilst that’s changed most of us would argue that in terms of competence it hasn’t really. 
    Thanks Mike
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