PIP, DLA and AA
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Is there a period I have to wait before reapplying after losing PIP appeal?

leebrazierleebrazier Member Posts: 4 Listener
edited September 2018 in PIP, DLA and AA
Hi there, this is my first post!

I have spins bifida and I have had what was originally known as mobility allowance, then DLA and then it changed to PIP.  I was assessed for PIP and was only awarded the lower rate and not the mobility element. I appealled, which was turned down and then I went to tribunal, which was also turned down. Is there a period I have to wait before reapplying? 

Any my advice would be appreciated. 

Thanks, Lee 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited August 2018
    Sorry you lost your appeal.  You can re-apply for PIP right away.

    PIP is awarded for how your conditions affect your daily living and mobility, not for the conditions themselves.  Your disabilities have to fit relevant descriptors.  Disability Rights UK site (DR) has a good guide to PIP including a draft diary you can adapt.  Good idea to submit a 7 day diary with your application.

    Mobility eligibility criteria;

    Able to walk:   0-20m aided = 12 points - enhanced

                           20-50m aided = 10 points - standard 

                           20-50m unaided = 8 points - standard

    Try to get some f2f advice from CAB or similar, or local authority welfare rights.
  • leebrazierleebrazier Member Posts: 4 Listener
    Thank you Matilda
  • YadnadYadnad Posts: 2,856 Member
    Be aware that the failed appeal hearing will be on file and as such your new claim will have to stronger than it was before.
  • mikehughescqmikehughescq Member Posts: 6,537 Disability Gamechanger
    You need to request a statement of reasons and record of proceedings first of all. Two reasons. 

    1 - they will inform you of the likelihood of success if you appeal to upper tribunal on an error of law.

    2 - they will inform of the likely chances of success of any new claim. 

    You can reclaim PIP at any time, but why? You haven’t yet exhausted the appeal process on the original claim and the success rate on repeat claims is exceptionally low. Repeat claims also damage credibility.  Can you evidence a clear deterioration? Do you have different evidence? Will you be presenting the claim differently? If what you’re doing is essentially presenting the same thing for a 2nd time then why would you expect a different outcome? 
  • diesel58diesel58 Member Posts: 7 Listener
    Hi my wife just lost her pip assessment was on DLA on med care and high mobility now on low care and no mobility they say she can walk up to 50 MTRS yet she uses an electric wheelchair I just don't understand their working out how she can do things she can't and the examiner was constantly asking about her bra wonder he did not ask to see it and her underwear we only just got in the room when she had a severe fit and he said oh I'm not having this and we said she will carry on, I tried to speak and said be quite I need it from your wife he was so rude.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Are you going to appeal, @diesel58?
  • diesel58diesel58 Member Posts: 7 Listener
  • binxy2609binxy2609 Member Posts: 5 Listener
    Definitely appeal x I am appealing my PIP. I was awarded low care component but no mobility... I have herniated discs osteoarthritis in my spine and fibromyalgia so in continuous pain... I went to docs yesterday to get a printout of my hospital letters and conditions and meds... when she printed it it just said 'back pain' 
  • diesel58diesel58 Member Posts: 7 Listener
    My wife got low care and no mobility too she has pyscogenic tremors and fits she can't walk 10 ft never mind the 50mtrs the said she could
  • binxy2609binxy2609 Member Posts: 5 Listener
    It is a complete shambles... the HCP said I could walk unaided, touch my toes, stand on one leg then other, loads of other things... she lied as I sat down through the whole assessment ... luckily my daughter was with me and she is a wca assessor and was disgusted. She has written a letter of complaint to CAPITA whose health care professional , an A&E nurse, did the assessment. Also I have been with my doctors since July last year and only had back pain as an ailment... there were no other conditions... I went yesterday to complain and they admitted they had not yet updated and uploaded any of my previous records... I was fuming... they said they are a year behind with new patient records so no wonder PIP only awarded me low rate, for which I am grateful, but for all that let me down I am heartbroken to be treated like I don't matter 😥😥 
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