PIP, DLA and AA
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One week left to appeal, please help

samsamsamsam Member Posts: 2 Listener
edited January 2019 in PIP, DLA and AA
Hi, I've had to apply for pips, been on high rate dla 10 yrs, just been assessed as standard pips daily living & standard mobility. Done a mandatory reconsideration, came back the the same decision, was sent in xmas post so now only have a week to appeal. My questions are,  1, do I need to go CAB or somewhere to get help with appeal to stand a chance? ( I've joined the benefits & work help thing online but feel lost)    2,  Do I bother to appeal, is there much point? ( its been going on a year so far with them 'losing' my info sent in, its making me very ill)   3,  Does esa get reassessed automatically now I'm on this rate pips or do I now have to have an esa assessment ? (I've been on it alongside Dla since it was changed from income support.)   Can my partner claim any sort of carers/ attendance allowance or does this get deducted from any of my allowances? He's a managing director but had no work for a year. Thank you so much if anyone can advise on any parts, Samsam

Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @samsam

    Welcome it’s great to meet you today!!!!!!!!!

    I would be very happy 😃 in helping you with things if that would help????

    1. Yes you really need some help from “CAB”

    We have also got a “helpline: 0808 800 3333

    2. Yes yes you need to appeal. With some help from “CAB”

    We / I can also help/support you!!!!!

    3, Yes Benefit’s are being assessed at certain time’s

    Both “Pip/Esa” are completely different so one doesn’t effect the “other”

    We have also got a “Benefit Calculater” so we can check what is potentially available for you.

    @steve51
  • markyboymarkyboy Member Posts: 374 Pioneering
    As far as the appeal is concerned it is always worth going to tribunal it can take up to a year to get your day in court but if you win it is backdated to the start of your claim
    You will have plenty of time to put your case forward to the tribunal in writing and concentrate on how your disabilities affect you carrying out the PIP descriptors and not how many conditions you have or what medication you are on 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Before requesting the Tribunal you need to look at the PIP descriptors to see where you can score those extra points. There's no point requesting the Tribunal if you can't score the points for a higher award. For this you'll need face to face advice from either welfare rights or a law centre near you. No one on an internet forum can advise you further on this because no one knows how your conditions affect you.

    For the carers allowance for your partner then providing they're not earning more than £120 per week and look after you for at least 35 hours per week then carers allowance is possible.

    Whether it's deducted from your ESA will depend on whether you're claiming ESA as a couple or not.

    For the ESA re-assessment then they can do this at anytime.

    Attendance Allowance is a disability benefit for those over the age of 65 and totally different to carers allowance.


    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.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    To begin a tribunal appeal you need to send in an SSCS1 with just the basic reasons why you disagree with the decision. You will have plenty of time after your appeal is accepted to prepare your case as hearings can take a year or more.
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 5,312 Disability Gamechanger
  • DebbieMcNultyDebbieMcNulty Member Posts: 3 Listener
    There are 2 ways of getting extra money for carers, your partner may claim carers allowance OR you can claim severe disablement allowance which is about £64 a week on top of PIP and ESA. CAB may be able to help you and speak on your behalf at a tribunal. Write down what you want to say in court and why you think you deserve the extra points. 
    Good luck! 😄
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There are 2 ways of getting extra money for carers, your partner may claim carers allowance OR you can claim severe disablement allowance which is about £64 a week on top of PIP and ESA. CAB may be able to help you and speak on your behalf at a tribunal. Write down what you want to say in court and why you think you deserve the extra points. 
    Good luck! 😄
    Severe disability premium is only payable in this case if both couples are claiming a qualifying benefit, such as DLA mid/high rate care, PIP daily living or attendance allowance. If not then it can't be claimed.
    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.
  • mikehughescqmikehughescq Member Posts: 5,312 Disability Gamechanger
    SDP not SDA, which is an obsolete benefit payable in very limited circumstances. SDP is not payable on top of PIP. It’s only payable on top of means-tested benefits. When it comes to the interaction between SDP and CA face to face advice is almost always needed. It’s not one for a forum.
  • samsamsamsam Member Posts: 2 Listener
    wow so complicated and thank you all so much everyone for your input. I've been trying to ring various CABs for 2 days without any answers so I'm going to go in to see if I can get any advice. I am classed as living alone, and was getting severe dis premium. I guess thats stopped now? All of my bens were stopped through Nv;Dec and I've just got a letter saying I will now get mid rate PIps ......ok been CAB, I now have an appointment with them to help with appeal. My severe dis payments,(I live on my own, not with partner), seem to have stopped also, are they part of PIP, Esa or Dla, or even exist still. No one is getting carers allowance for helping me.I wasnt sure if I needed to reapply?  Thanks all :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2019
    SDP is paid on top of ESA and is £64.30 per week, you need to apply for this by ringing ESA. It can be applied for over the phone, if they refuse to do this then ask them to send you the IS10 form.

    May i ask why all of your benefits stopped? Did this include your ESA? or are you being paid this now?

    There's also no mid rate PIP, it's standard and enhanced.
    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.
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