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pip unsuccessful appeal, what next?
joannekennedy
Member Posts: 12 Listener
Hi, Looking for some advice. I put in a claim for pip just under a year ago. I was refused so appealed. Had my tribunal and have just received my letter saying they agreed with them. Not sure what to do now, I have my doctor telling me I’m not fit for work and not to give up as she’s saying I should be entitled to something. I had Gillian Barrie nearly 5 years ago which I never recovered from and has left me with Cfs and constant pain in my legs. Any help would be great as to what I can do next
Replies
In the meantime, do you have any support with your pain management?
can you apply again and get doctors letters or even a pain management consultant to write you a letter I don’t know much about this but my pip has just been turned down aswell and I’m going to appeal. It makes me mad when I see people parked in disabled bays who look like there’s nothing wrong with them when a lot of others are suffering and get turned down. The system has to change
sorry for ranting
good luck x
For a start it is only an automatic entitlement at the moment for a Blue Badge if you have enough points in the getting about section. Having the care element will not get you a Blue Badge.
Likewise you do not need to have claimed PIP at all to get a Blue Badge - they are offered by your council on application provided that you have some difficulties affecting your arms or legs.
I pointed out to her who is entitled to use them.
My friend who is only 40 years old has blue badge. she has breathing problems. she can only 4 metres sometimes, but there was days when she manages between 10-15 meters, but she would pass out because she couldnt catch her breath. It was a paramedic who attend to her to get blue badge, he been 3 times to help her in 2 weeks in her local supermarket. Now when i go to shops with her she gets funny looks and this sometimes stop her from going out. she still works 4 days a week.
And my Blue Badge was returned to the council as I lost my PIP mobility award at the back end of 2017 at the age of 70.
9.—(1) A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–
(a)the expiry of the period for which the badge was issued;
(b)the death of the holder or, in the case of an institutional badge, the institution ceasing to exist;
(c)the holder of the badge ceases to be a disabled person or, in the case of an institutional badge, the institution ceases to be eligible under regulation 5;
(d)a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;
(e)the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle;
(f)the badge ceases to be required by the holder.
I returned my badge both under
9 (c) as the DWP had legally determined that I was no longer disabled and that the badge had originally been issued based on the Enhanced rate of mobility which had now been removed. AND
9 (f) that as the Motability vehicle was returned the same day that the PIP decision notice was received and that I no longer had another vehicle there was no point in keeping my badge as I also had surrendered my driving licence earlier.
Also I referred to a 2017 post on Rightsnet that dealt with this situation.
https://www.rightsnet.org.uk/forums/viewthread/11536/
The advice given was to contact the Local Authority which I did and was told that unless the badge was issued under the concessionary process, if the DLA/PIP mobility award was cancelled and the badge was obtained because of that award then the badge should be returned forthwith. It was however still open for me to then re-apply under the concessionary rules direct to the council for a new Blue badge.
This wasn't the first time that I had sent one back. I returned one in 2014 and again in 2016 for the same reasons.
No more on the subject from me.