New rules/mobility

xxgaynorxx

Hi. I was awarded pip in Jan 2016. I was awarded enhanced care and standard mobility ongoing. This award was for mental health. I was awarded 10 points for mobility.

Due to law change /new rules I recieved a letter this morning saying they have looked at my claim again and decided to keep it the same.

Can I ask for an MR? would they just assess mobility or the whole lot.

I feel the original award was wrong as they awarded me 10 points (unable to go out due to psychological distress). Even though I wrote on my form I can only go out with my son..

I feel scared of "rocking the boat" and losing what I have but feel enhanced would allow me to go out a little more as my son could introduce me to new places and get me to my appointments easier if I was allowed the enhanced mobility componant. 

poppy123456

They would look at the whole award again.

Fight4Justice

If you did an MR and a DWP case manager took away both your enhanced daily living & standard mobility, you'd lose everything until the tribunal, you'd get it all backdated back though, assuming you won the tribunal, plus you could have the bonus of winning a lot backdated enhanced mobility at the tribunal. But would you want to go through several months with potentially no PIP award? While you're waiting for a tribunal date.

It would actually be a good outcome to get the same decision again at the MR. Then you would continue to get enhanced daily living plus standard mobility all the way up to the tribunal. Where you could then win the backdated mobility at the enhanced rate, from Jan 2016 till the tribunal date, which I would be expect to be in the region of £5000 to £6000 in backdated pay, as the difference between standard & enhanced mobility rate is £33.5 per week. If you got a bad tribunal panel, you could lose some or all of your current award though.

I'm not sure how likely it is for an MR to reduce your award. I think normally they just stick with the same decision. It would be interesting to know what % of MRs result in a reduction of an award.

wilko

Reading post's I get the feeling that those claiments who don't get enhanced mobility allowance complain to get the extra points because of the free car that can, could be had the points awarded are mostly correct at the time of the acessment and awarded by the information, evidence given and presented to the acesor.

exdvr

@wilko    My "free car" as you call it costs me in the region of £60 per week.  Can you please tell the community where we can get a free car?

poppy123456

Yes, i have a mobility car too but it's certainly not free.

Yadnad

It depends how you view it.

Let's say that there are two people who both cannot physically walk more than 20 metres without having to stop as being out of breath and in pain - those facts are not in dispute.

Both claim PIP. One is told by the DWP that as far as they are concerned after a MR that they can walk in excess of 20 metres having seen to do so in the car park after being driven there by a friend and walked to the assessment centre in obvious discomfort and pain. The other is dropped off at assessment centre entrance door by a friend who had brought them.

The former was awarded 10 points and the latter 12 points.

The former sees the mobility car that the latter obtained as free because of the extra 2 points awarded. To them those 2 points = a new car with no ongoing servicing costs.

So yes in answer to Wilko's post, does the former fight for those extra 2 points in order to be like the latter and they too want a new car with all expenses paid. 

siobhan1

I get enhanced mobility but I can't drive due to my disability - I use the money for wheelchair taxis and for my carer to attend appointments with me as I can't open doors. No "free car" and if I wasn't awarded enhanced mobility and felt I should be entitled to it under the rules I would question that just as everyone has the right to. There are plenty of people on standard mobility who are happy with the decision. 

xxgaynorxx

Wow didn't expect the comment of "free car". Nobody gets a car for "free".. I will not be asking questions on this site again. If you read my question properly it was all to do with the law change when they discriminated against mental health. I did not expect the same here. 

Pippa_Alumni

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siobhan1

xxgaynorxx said:

Wow didn't expect the comment of "free car". Nobody gets a car for "free".. I will not be asking questions on this site again. If you read my question properly it was all to do with the law change when they discriminated against mental health. I did not expect the same here. 

Hope you're ok. Just re-read my comment and just wanted to say it was in response to the nasty messages above. If you feel the award is wrong you are well within your rights to challenge it and ignore bitter people who think otherwise. I was just pointing out that not everyone gets PIP to get a car and it is used for other costs. Good luck! 

samantha21

Hi, its  Samantha 21 here. I have read through some comments in the discussions but have not always commented. I thought the comment free car was quite nasty. I have a disability car myself and it is not free as it is paid for from my enhanced rate of DLA I. had enough supporting evidence and chose the car instead of the money straight to me after all if we win our case we can use the money how we want. I have even had a few neighbours comment on my car in the past as they are probably aware I could not have enough money to buy a car like that (not that it is anyones business)  but some people can be bitter and jealous. I am still waiting to hear about PIP if I fail the criteria my neighbours will be happy to see me driving a clapped out banger, but I do not really care. I too would expect more support on this website rather than nasty comments.

Waylay

@wilko I found your post upsetting. Free car?

Also: "the points awarded are mostly correct at the time of the acessment and awarded by the information, evidence given and presented to the acesor" Have you been reading the same site I have? I've NEVER had the correct points awarded at the assessment. This last time I got 0 points. Tribunal gave me 19.

wilko

To correct my post, yes the claimants use their awards as they wish, either the mobility car or other forms of transportation. But when the claimants don’t get awarded the enhanced rate that they think they should have been awarded the evidence given presented at their acessment was not in their favour, maybe they walked and where seen by the CCTV coming to the acessment Center or used public transport and disclosed this information at their acessment. As I have stated many times the acessor knows how far it is from the nearest car park, bus stop, waiting room ect so when you are asked how did you arrived for your acessment, your answer will let the acessor know the distances you did, can have walked to get there. So when you don’t get the enhanced rate awarded only 10 points you are gutted and put in for a MR, as quoted by one poster “ I need the 12 points for the car”. I have a friend who’s wife was awarded the enhanced rate drove the car three times her husband drives it doing nearly 8000 miles a year or more and for his own personal use and pleasure purposes. Where else can you get a new car every three years all paid for except fuel and any insurance excess? 

samantha21

waylay (wilko)  sorry you did not get the 12 points for mobility, just a thought but have you got any mental health problems ? are you under any mental health therapy? I do believe you can get twelve  points for that as well which could help you out. Yes it is gutting when you do not get what you are hoping. I know what you are saying about knowing someone whose car belonged to his wife but he must be the other named driver to use it although it should only be used to drive his wife about in and not for his own personal use. The motability have cracked down hard about things like that but it still goes on. I know someone who has a car and she collects loads of items for car booting and she does a car boot in the car every single week once again how do people get away with it. I might know the woman but I am not  someone who grasses people to the DWP and I dare say she will get found out one day. I use my car for doctors appointments hospital things, dentists appointments and my brother comes to shops etc, to assist me with shopping, as I cannot do it on my own. Nobody else drives my car and  basically it is cheaper than taxis. It is impossible for me to get on public transport and I have not been on public transport for 12 years so how else do I get about? 

Yadnad

siobhan1 said:

I get enhanced mobility but I can't drive due to my disability - I use the money for wheelchair taxis and for my carer to attend appointments with me as I can't open doors. No "free car" and if I wasn't awarded enhanced mobility and felt I should be entitled to it under the rules I would question that just as everyone has the right to. There are plenty of people on standard mobility who are happy with the decision. 

Some are happy with standard mobility because whilst they may well be entitled to the enhanced rate they don't want to 'rock the boat' and possibly lose everything that they already have.
They are willing to accept a half which is better than nothing.

Yes you do have that right, it all depends if your body and mind is in a fit state to cope with the stress and strain involved in fighting the DWP at the Tribunal.

You may well have help and advice from professionals, but not everyone is that lucky to even have the ability to talk with anybody about making an appeal.

debbiedo49

Keep fighting on 

samantha21

Hi, Samantha 21 here.  replying to debbiedo49,  I agree with your comment, Keep fighting on because that is all we can do. It can be hard though if after fighting so hard that your mind gets in a state of depression and you feel like giving up, all my disability was a physical nature but over the years the depression creeps in and that is when you have to be stronger than ever so to speak.

sparkle22

I know its probably too late now, but according to rightsnet if you get a letter about the change of law mobility/mental health, and you dont agree with the decision, because they have promised that no one will lose money or have the care part of their claim touched there is no harm disagreeing and asking for a MR. They will JUST look at the mobility part, and they cannot reduce any award you have currently. If you do a MR under any other circumstances then you risk the whole award.

xxgaynorxx

Just thought I would update you all. I WON at tribunal and was awarded enhanced mobility. I appealed the LEAP decision. I will not be getting a “free car” as one of the users said. It’s been a battle to get whats right. The judge agreed. 

siobhan1

You may well have help and advice from professionals, but not everyone is that lucky to even have the ability to talk with anybody about making an appeal.

I've just been notified about this comment due to the update... I don't have help and advice from any professionals but that's a nice strawman 👌  I have relied on the kidness of people on here that don't spend their time trolling disabled people because they have nothing better to do. I strongly suspect that most of these accounts were the same sad individual.