PIP, DLA and AA
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PIP MR

Ian_McD_WIan_McD_W Member Posts: 2 Listener
edited September 2018 in PIP, DLA and AA
I've read some of the problems people are and have been having with the DWP when it comes to this PIP change from DLA, I am going through similar at the moment and am awaiting the first Mandatory Review decision. My DLA has been stopped completely and the local Job Centre have sent me a letter telling me that my benefit has been cut by over £120.00 per fortnight. I called DWP to ask about this letter as there is no reason on it and things don't make sense on it, they have told me it is because I am getting PIP which I am not which proves that the DWP system is not run on one system but several different systems otherwise my local Job Centre would know that I am awaiting a decision on a Mandatory Review. So this is also the trick of changing from DLA to PIP, once people get the PIP they are entitled to after a long and hard struggle, either their JSA or ESA will be cut to reduce the amount they have coming in. DISABILLITY DESCRIMINATION IS SUPPOSED TO BE ILLEGAL IN THE UK BUT THE DWP ARE THE WORST FOR IT or is this yet another Law the DWP can overlook and beleive does not apply to them because they are a Government Department? 

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Ian_McD_W   Pleased to meet you welcome.

    Thank you for joining and sharing.

    I understand about PIP and thank you for many interesting comments. The community I am sure will be in touch to contribute.

    I would look at our PIP advice and information. Consider speaking to CAB as well

    We are a supportive community. Friendly, care and share.

    Please ask if we can help and advise on anything.

    Some on will know.

    Take care

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • trev2819trev2819 Member Posts: 16 Connected
    edited September 2018
    Getting PIP shouldn’t lead to a reduction in ESA.  If you’re having a mandatory reconsideration of PIP when switching to it from DLA then you should have had DLA paid up until 4 weeks from the first PIP decision date.

    Which benefits, other than DLA, are the job centre saying have been cut?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Losing a disability benefit can indeed reduce your ESA. If you were claiming mid/high rate care DLA previously and you lived alone, with no one claiming carers allowance for looking after you, then it's possible that you were claiming the severe disability premium (SDP) in your ESA. As you were refused PIP then the SDP would stop. This amount is £64.30 per week extra on your ESA, so the amount the letter states points to the SDP. Unfortunately, you need a daily living award of PIP for this to continue. If the MR decision changes, and you're awarded this part of PIP then you can re-apply for the SDP and it will be backdated to the date it stopped. If you have to take it to Tribunal then the same thing here, if the decision goes in your favour. 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.
  • trev2819trev2819 Member Posts: 16 Connected
    @poppy123456 I think you've misunderstood part of my reply and Ian’s original statement.  What he said was that his understanding was that if he DOES get PIP it would lead to a reduction in ESA. As opposed to NOT getting it leading to a reduced ESA (the consequences being as you quite rightly described).  Still, hopefully your fuller description of what does happen makes things clearer for Ian anyway.
  • Ian_McD_WIan_McD_W Member Posts: 2 Listener
    I have now found out yesterday and suffering from a seizure and hospital because of the stress of being on the phone for 5 hours being passed from one department to another and ending up back at the first that the last letter I received was the Mandatory Review which nothing had changed in, I was awarded 12 points for the Mobility side but only 4 for the cooking part of everyday living and 2 for bathing which was my original disagreement because when any person who sufferes with seizures, whether it is Epilepsy related or not, they are totally incapable of carrying out any of the tasks on the form because their minds take certain time scales to get back to normal and they can't think straight but my argument to the PIP was that I do not chance cooking on a cooker because of the risk of knocking scolding water or boiling cooking oil over myself while doind so if I was to suffer a seizure while cooking and the bathing or showering is dangerous because if any person who sufferes from any kind of seizures bathes in a bath and has a seizure, this is a risk of them drownding or if having a shower in the bath as the shower is attached to the wall at the end of the bathe and I was to suffer a seizure I would slip over and probably go over the edge of the bath and could break my limbs or other bones. The PIP people who are supposed to have a certain amount of medical knowledge have not and will not take these points in to consideration. I have been told that the next step is to appeal which would be heared at a Magistrates Court, I am aware that a case taken to a Magistrates Court can take up to a Year before even being put before a Magistrate (I do not put this to our Magistrates as they are only doing their jobs and it is not their fauls if other members of the public want to act like total idiots and get in to trouble) so I have decided to stick with what they have said because I am emigrating in the future so I won't get it any way but at least I will be away from the stress England causes. The benefit I am getting is no longer ESA, this was stopped and changed to JSA back iin 2013 when my wife passed away, the DWP suddenly decided I am fit and healthy enough to work when that tragedy happened and now because of this change to PIP i have lost £120.++ and am only receiving £106.65 per week JSA with the disabillity premium, without the disability premium would be £33.55 per week. The JSA on It's own is £73.10 per week which has not changed. While receiving DLA I was receiving £34+.++ per fortnight and £314.++ per Month DLA, this is my argument with PIP, how can they sit in an office and make a decision on whether someones health has improved or got worse without even knowing that person or how their disabillity affects them? THEY CAN'T yet they sit in their officec at their desks, make spelling mistakes on the computers which then puts everything going wrong then they blame the computer for it (IT TAKES A HUMAN TO PROGRAM AND TELL ANY COMPUTER WHAT TO DO AND HOW TO DO IT, NOT A COMPUTER MAKING IT'S OWN DECISIONS) yet they sit there and blame the computers, VERRY INTELLIGENT I MUST SAY and they get employed in jobs like that????????????? THERE IS TO MUCH DISABILITY DESCRIMINATION GOING ON AND THE DWP ARE THE WORST FOR IT WHICH NEEDS TO STOP. I have put a post on Facebook telling all disabled people we should all get together and protest for our equal rights just the same as women did and got it which was right so we should show that we are living people of our communities. OK, I won't be over here much longer but there are thousands of people being treated the same or worse than I have been and still am being so they need to stand up for their rights.
  • trev2819trev2819 Member Posts: 16 Connected
    @Ian_McD_W  really sorry to hear what has happened to you in the last couple of days.  Although it would still be a long time, appeals can be heard in around 21 to 27 weeks from the date the Tribunals service receive your paperwork.  The length depends on the hearing centre where the appeal is heard.  You can request one with a shorter wait if you’re able to travel to one that’s not your nearest eg I live between Walsall and Wolverhampton, which are both not too far for me from Birmingham. All 3 have different wait times.

    if you do change your mind and want to go ahead with the appeal info on this page may help:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/how-decisions-are-made/

    You can also ask the DWP to send you a copy of the health assessors report (written by the person who did your face-to-face interview) then use the information from both to argue your position on every activity. Letters from your GP and anyone who’s treated you can also help as well.

    As far as improving the system goes I am planning in the next few months to start organising a campaign for several specific changes across PIP, ESA and housing benefit that I feel would bring major improvements to the process and drastically reduce the number of people like us who have to go through the ordeal of repeated assessments and appeals that should be wholly un-necessary.  At my appeal for switching from DLA to PIP I went from 2 points for daily living and 0 for mobility to 14 points for daily living and 10 for mobility.  Despite saying everything is either the same or worse on my review paperwork, in April they gave me zero points across the board again and haven’t budged an inch on mandatory review, despite a 9 page letter.  Particularly when it comes to mental health disabilities (as in my case), they just haven’t got a clue.
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