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Totally Untrue Assessment.

John483

Hi there
I’m new here and seek advice. I have been on DLA for about 10 or more years and have now been transferred onto PIP. I suffer with Fibromyalgia, Osteoarthritis, Sleep Apnea, Prostate problems, suffered a brain aneurysm and Diabetes type 2. I am **** years old. I informed PIP that my condition had worsened as instructed and had my benefit cut and my motability car taken away from me, I appealed three times and was told to appeal to a tribunal BUT because I am over 65 years would not get an increase so no point appealing. They stated I was able to walk over 20 metres, not true, the assessor never asked me to walk anywhere just commented that I could get off a chair, I cannot walk safely at all and use a crutch to move about. They said I was fully capable to drive as my legs and mind were active, not true, I have to have an automatic car which due to the fact my PIP has been reduced I have had to purchase a car and to get an automatic is very expensive. I am fully aware that I have lost my battle and the moral of the story is don’t inform them that your condition has worsened as you are likely to have your benefits cut. Has anybody else been put in this position.

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Comments

selkie

I am SO sorry this has happened to you but thank you for your timely warning. How kind of you to think of others

Matilda

If you were only awarded standard, or nothing, a tribunal could award you enhanced both components even if you are over 65. Aged 68, I had to transfer from DLA to PIP and was awarded standard both components. Tribunal increased my award to enhanced both components.

If you think your current award is safe it's worth appealing as 71% of appeals succeed.

John483

They told me I was too old to have my award increased so I don’t need the hassle of a tribunal, that doesn’t worry me as I have dealt with judges, solicitors etc. having been a police officer. I just feel it is wrong to advise me to go to a tribunal and then say I can’t have my PIP reinstated to enhanced rate

Chloe_Alumni

Hi @John483, welcome to the community! Thank you for taking the time to share this with us all. I am really sorry to hear about your situation. When on PIP you cannot make a new claim once you hit 65, but can continue to receive the benefit if the claims was made earlier. Your award also cannot increase once you reach the age of 65. For example, if you received lower mobility when you were 64 years old, you would never be able to receive the higher rate- if this makes sense!

John483

Yes Chloe but I was on higher rate mobility until September last year when I was 68 but they reduced it when I informed them of my increasing bad health so basically they have craftily manipulated my claim to suit them ie :- last year enhanced mobility PIP Now lower rate.

jane1973

Hi @John483 i lost my pip due to the assessor saying if i can drive my car i dont need pip its the only thing that made me able to go to doctors or chemist once a week how so so unfair this all is

Chloe_Alumni

I'm really sorry to hear this @John483! It may be worth contacting Citizens Advice, I wish you the very best of luck!

Yadnad

jane1973 said:

Hi @John483 i lost my pip due to the assessor saying if i can drive my car i dont need pip its the only thing that made me able to go to doctors or chemist once a week how so so unfair this all is

That old chestnut is used regularly.
Can/do you drive?
Yes
Given the fact that you can drive and you are able to use those mental and physical skills to drive you no longer fit any of the descriptors!

Matilda

@john483

You could have your PIP reinstated to enhanced at tribunal. I did, aged 68. You were misinformed. Who told you a tribunal couldn't increase your award?

John483

I wasn’t told they couldn’t increase award I was told that as I’m over 65 years I can’t get my benefit increased as they would class it as a fresh application. I believe they are wrong but I’m too fearful to rock boat in case I lose the lot

Matilda

If your PIP mobility was reduced after reassessment to then go to appeal is not a new claim, it is still the same claim as you are just appealing a decision, not making a new claim. As others have said, speak to CAB.

If you think your current award is safe it's worth appealing.

jane1973

@Yadnad my car is the only way i get out once a week to fetch my own medication and its not a mobility car, its a little car i had to get myself to work and to lose that last bit of independence would mean me not going anywhere if the case is that i shouldnt drive then i dont know why others have mobility cars, its to keep them as independant as possible surely, i just want to keep my little car to keep my bit of independance

Matilda

@jane1973

Are you going to appeal?

jane1973

@Matilda yes i am waiting for a date for tribunal , i also complained to capita about the asessor but they camnot do anything about what she put in my report the only thing they could do was to remind the asessor that its not nice to walk into a clients home smelling of smoke

jane1973

What gets me though is i say she was untrue in my report and added things in which then the dwp ended my pip but yet she admitted to smoking in her car before my apointment because she cannot deny she smokes but yet can get away with putting allsorts in my report has any one else had to struggle with this? Its wrong

jane1973

I was a witness in a crown court case 21 years ago and i was cross examined and there was a jury it was awfull and its the same feeling fighting to get whats right and having someone tell lies

Topkitten

The use of a car is often thought to imply certain abilities which, for the medically informed, are simply not true. An active and intelligent mind does not mean you are not disabled after all. Unfortunately, for the average person it does and driving implies certain abilities. Someone told me to my face that if I can drive then I can't be disabled. I just called them an idiot and ignored them. I do worry that it came up in my f2f but, as I explained to her, my pain is caused by nerve movement within the spine and there is a lot less movement just moving a foot rather than both complete legs when trying to walk. I also explained that I extensively use satnav to go anywhere and cruise control whenever possible plus drove an automatic to avoid gear changing. Another thing I explained was my inability to use taxi's or public transport due to collapsing into a panic attack whenever I have tried. I am still worried about the subject having come up but I don't lie, not even white lies. Openness and honesty will always be my mainstay no matter how many times it causes me problems.

TK

jane1973

@Topkitten I feel very similar to you as I cannot use public transport my little old car is like an extension to my safe home bubble I feel like no one can judge me in my safe bubbles I am clinging onto my car as that’s what the norm is for me and I don’t want to accept that I am a failure at yet something else so to look out the window and see my car makes me feel better even if it’s a 5 minute ride once a week to be able to pick up my meds myself it gives me that tiny bit of independence that I don’t want to give up just yet but the dwp want to take that tiny bit away by taking away my pip but I’m going to appeal so I will fight back for that tiny bit of independence after all it is called personal independence payments

Cazann

jane1973 said:

@Topkitten I feel very similar to you as I cannot use public transport my little old car is like an extension to my safe home bubble I feel like no one can judge me in my safe bubbles I am clinging onto my car as that’s what the norm is for me and I don’t want to accept that I am a failure at yet something else so to look out the window and see my car makes me feel better even if it’s a 5 minute ride once a week to be able to pick up my meds myself it gives me that tiny bit of independence that I don’t want to give up just yet but the dwp want to take that tiny bit away by taking away my pip but I’m going to appeal so I will fight back for that tiny bit of independence after all it is called personal independence payments

Hi @jane1973 and @topkitten, I too was told that because I drive a manual car, I have the strength in my legs etc. My car is 21 years old, a very light clutch and gears and like you, I wouldn't get out of the house without it. I use it to go to my daughters once a week. She lives in the next street. I visit a friend and that is it. I was on DLA for 13 years, on higher rate mobility and had to go onto PIP last year. I was only given 4 points and I am appealing to go to tribunal (waiting for a date) I think that the DWP are using any excuse to get people off disability but they have it wrong.. I have had 3 operations on my legs and told by my physio to keep excercising my legs. With driving you are not putting pressure on them but walking you do! I am in pain all the time that I have my weight on my legs.

Good luck with your appeals.

jane1973

Hi @Cazann good luck with yourr appeal from what i have read the paragraph in the reasons for denying pip because we drive a car whether it be once a week or everyday is exactly the same, i suppose we are put into a category and the statement is used to deny us pip