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PIP Problems

This is my first ever post. I was shunted into PIP from DLA early 2017 ending up with standard mobility only from higher rate mobility and middle rate care I had on DLA. Appealed decision at Tribunal and was awarded daily living standard rate as well as standard mobility until 2023.
Last year I notified DWP that my health had deteriorated significantly. This triggered a whole new application process resulting in the daily living component being removed despite them agreeing in the decision notice notice that my health had deteriorated to the level of eligibility for enhanced mobility but could not award it because I was over 65 I have been through the reconsideration process with no change and submitted my appeal document 6 weeks ago and am awaiting DWP reply documents.
However this morning I received a call from the PIP office telling me that they would re -instate my daily living if I dropped the Tribunal Appeal, I told the rather aggressive women that I would have to think about it and get back to her. I think that I qualify for enhanced daily living so does anyone out there know if I could accept the offer and then continue with my claim, any advice appreciated.
Last year I notified DWP that my health had deteriorated significantly. This triggered a whole new application process resulting in the daily living component being removed despite them agreeing in the decision notice notice that my health had deteriorated to the level of eligibility for enhanced mobility but could not award it because I was over 65 I have been through the reconsideration process with no change and submitted my appeal document 6 weeks ago and am awaiting DWP reply documents.
However this morning I received a call from the PIP office telling me that they would re -instate my daily living if I dropped the Tribunal Appeal, I told the rather aggressive women that I would have to think about it and get back to her. I think that I qualify for enhanced daily living so does anyone out there know if I could accept the offer and then continue with my claim, any advice appreciated.
Replies
Moving on to the care element. At the moment you have no award. The DWP have offered you, conditional on you stopping the appeal, standard care but that you believe that it should be Enhanced care.
I would take the offer up for standard care and tell them anything they want to hear. Once they award what they have offered and it is in payment there is absolutely no reason why you cannot go back on what you agreed as the new award also carries with it appeal rights.
All you do is re-instate your appeal for Enhanced Care. The DWP may not like it but that's their problem. If when you get to the Tribunal and they think that what you have already is in danger of being withdrawn you can close the appeal and walk away.
For some obscure reason the DWP seem to do this a lot for people. They offer standard mobility but don't tell you that once you reach 65 you cannot increase it to enhanced mobility.
This seems to be a grey area, I received the enhanced mobility payment on DLA before being moved to PIP.
What is important is that when you moved from DLA to PIP you were awarded standard mobility and that is the maximum you can ever get.
It was at the Tribunal that you should have argued for enhanced mobility. If that had been awarded then you would be entitled to keep it post 65 for as long as the impact it has on you life still existed.
The reason for this is that mobility issues for the over 65's is deemed to be part of getting old and nothing to do with a disability.
In order for any supersession to be carried out the claimant would have to present evidence that was not put before the Tribunal and which would prove that Enhanced Mobility should have been awarded. The supersession would only take affect from the day of the request.
If the claimant has this previously unsubmitted evidence the question is why wasn't it supplied to the Tribunal at the time or to the DWP in early 2017.Also in all of this mix is the question of the claimant becoming 65 which would preclude any increase in the mobility award.
The claimant seems fixated on the fact that they had high rate DLA for mobility previously which has absolutely nothing to do with the PIP decision.
Decisions which can be changed include: