PIP Problems

mikey13

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.

Angiebabes2410

I think if you accept their offer that's it but I don't know for sure, it's wrong how they treat people these days and we have to fight for every penny xx good luck whatever you decide to do, take care   Angie xx

wilko

The offer on the table is, we will reenstate your daily living if you drop the tribunal hearing request. If you accept the offer to have your dail living reinstated then you would be agreeing to drop your tribunal hearing. Not having the offer in writing is not good as it your word against theirs. But have you taken advice about what your possible chances of winning at the tribunal.

stree

What age were you when you transitioned to PIP?

mikey13

66 years.  

stree

Mikey.

Strange, I am led to believe that 65 is the cut off age for getting PIP. Although it may well now be related to state pension age. Not sure of this.

But, once you are on PIP it is not altered or reduced in any way because of age.

Perhaps DWP made a mistake and refused the proper result thinkng that your age disbarred it and now are trying to cover up and keep you quiet?

Yadnad

You cannot move from no/standard mobility to enhanced after you reach 65.You can have it only if you had Enhanced before you were 65. I presume that you are currently on Standard Mobility.

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. 

poppy123456

stree said:

Mikey.

Strange, I am led to believe that 65 is the cut off age for getting PIP.

Yes, it is but if you were 65 and under on 8th April 2013 then you'll be invited to apply for PIP.

mikey13

Thanks for reply's 
This seems to be a grey area,  I received the enhanced mobility payment on DLA before being moved to PIP.

stree

Thanks for that info Yadnad ( re mobility after 65) I am 65  on a 10 year award with 2023 review date. I already have enhanced mobility but am considering asking for reassessment earlier because I now qualify for enhanced care instead of the standard I am on now.

Tempted to let sleeping dogs lie though!

Yadnad

mikey13 said:

Thanks for reply's 
This seems to be a grey area,  I received the enhanced mobility payment on DLA before being moved to PIP.

That doesn't matter. DLA and PIP are two totally different benefits assessed in different ways.
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.

poppy123456

This isn't exactly correct. Mickey can ask for a supersession for the mobility award. By doing this you're asking the DWP to look at the original decision again but for this you'll need expert advice. Information here in the link about a supersession.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

mikey13

Thanks for your input poppy123456,  could you please elaborate on this, I have never heard of supersession before,  have the DWP not already looked at this again during the mandatory reconsideration process ?  

poppy123456

No, a supersession is totally different to the MR. Please see the link i posted above and it tells you what it is. You will need expert advice before going any further with this.

Yadnad

poppy123456 said:

This isn't exactly correct. Mickey can ask for a supersession for the mobility award. By doing this you're asking the DWP to look at the original decision again but for this you'll need expert advice. Information here in the link about a supersession.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

Surely the supersession could only relate to the FTT decision. The Tribunal having heard the appeal decided that the DWP were wrong and should have awarded Standard Mobility & Care. 
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. 

poppy123456

I'm assuming you've not read the link i posted above? Taken from the link.

Which supersessions can be changed.

you can ask for a decision to be changed by supersession or a decision maker can decide that it needs to be changed without you asking. The law says that a decision maker must show there are grounds to change the decision.

Decisions which can be changed include:

• the original decision
• a revised decision
• a Tribunal decision
• an Upper Tribunal or Commissioners decision.

A supersession is where you ask for the original decision to be changed. It's not a question of becoming 65, a supersession can be requested when a person is of any age. The reason i advised they get expert advice is because of all these reasons put together.

Yadnad

I agree, but there must be new evidence unseen by the Tribunal that purports to show that had they seen it at the time the mobility decision would have been different. 'in ignorance of a material fact'.