Tribunal against p i p after having D L A For 18 years

Lucysam25

Going to court to appeal against pip after having D L A For 18 years  & suffering with  C P & Spina-bifida  & getting Diagnozed with Ostoprosis   just recovered from fractured ankle 2018 december  broken wrist in 2014 A fractured shoulder december  also bad hip but the DWP  person who came to see me said  i could walk more than 50meters  i can' t even walk without the walking stick  i get very  distressed my pain is consant   there its like a pulse ating  pain its like having bad tooth ache constant i am taking loads of pain killers every day.  

mikehughescq

Different benefit with different rules. Get yourself representation.

pixie61

I’ve lost some of my DLA  award after being on it for 11 years cos I had to transfer over to piip. There’s a case law that can be referred to about Dwp having to show justifiable reasons why a pip award is different to a DLA award after claimant has been on it for years. I now have my local MP involved in mine as I’m at the MR stage. Maybe write to yours now, see if he/she can help you! Xx

Yadnad

pixie61 said:

I’ve lost some of my DLA  award after being on it for 11 years cos I had to transfer over to piip. There’s a case law that can be referred to about Dwp having to show justifiable reasons why a pip award is different to a DLA award after claimant has been on it for years. I now have my local MP involved in mine as I’m at the MR stage. Maybe write to yours now, see if he/she can help you! Xx

I believe that argument can only be used for review cases where you have already had a previous PIP award. PIP is totally different than DLA in how they decide if an award is due or not. If that was not the case then my 0 points for mobility PIP (judged as to be able to walk more than 200 metres with no difficulty) when I was transferred from DLA High Mobility would have been wrong. I should have received the equivalent points in PIP for not being able to walk more than 50 metres - 10 points = Standard Mobility PIP (only because to get Enhanced Mobility PIP you have to show that you cannot walk more than 20 metres - the government reduced the distance from 50 metres (DLA) to 20 metres (PIP) to get the highest rate..

Many PIP mobility claims have failed completely with no award given (being able to walk more than 50 metres but no more than 200 metres) even where previously a  High rate mobility award (unable to walk more than 50 metres) was given for DLA.