PIP, DLA and AA
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PIP Appeal/Mobility

Princess81Princess81 Member Posts: 6 Listener
edited January 2019 in PIP, DLA and AA

Hi,

My husbands sister in law (previous marriage) has adults Stills Disease. She went to Tribunal on  the 23/1/19 in Enfield. She was awarded 8 points for DLA and 10 points for mobility.

They've said she's only entitled to the Standard rate from 11/7/18 to 8/5/2021. This means she won't qualify to keep her mobility car.

There were many innacuracies highlighted at the tribunal in regards to medical reports and also at her face to face assesment she was never asked to walk/observed doing activities, arrived in a wheelchair which was pushed by her sister (her carer).

Without her car she is housebound and also canot attend hospital appointments as no one else but her in the family can drive.

Can we appeal and ask this is re-looked at? Many Thanks.

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Princess81, and a warm welcome to the community!

    Glad to see you've had a response to this on your wall already, and hopefully our members will be able to advise here too. In the meantime, this Scope page on appealing DWP decisions may help you to get started.


  • Princess81Princess81 Member Posts: 6 Listener
  • Princess81Princess81 Member Posts: 6 Listener
    I also wanted to check if we're able to extend the car lease? It's due to go back to them for the 31st Jan.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    As this was a Tribunal decision then she will need to request the statement of reasons and record of proceedings from HMCTS and she has 1 month from the date of the decision to do this. Once she receives those she needs to find someone to look at them to find an error in law. If no error in law is found then she won't be able to take it any further.

    As she now doesn't have Enhanced mobility and it was a decision made by the Tribunal she won't be able to extend the lease of the car any further, i'm afraid.
    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.
  • YadnadYadnad Posts: 2,856 Member
    Always my suggestion is to, very rarely under specific conditions, buy your own car.

    Motability vehicles have lost their attraction since PIP came in. Most re-assessments take place every 2/3 years which means that there is always the chance that the car will be repossessed.

    I was with Motability from 1995 to 2004 and then from 2011 to 2013. With three PIP re-assessments under my belt so far I have had 3 Motability cars repossessed since 2013.

     
  • Princess81Princess81 Member Posts: 6 Listener

    Hi all,

    Following on from the above, we sat down with CAB and they advised to re-apply under new circumstances/changes, I took the old forms and the last assesment and the reports from the tribunal and ripped it apart, i found that the tribunal had more or less written verbatum what the assesment had and the assesment was littered with mistakes, the assesor had said that she couldn't eat without the use of aids and yet when they scored it said that she didn't need aids, that was one of many, i highlighted and commented on each one and submitted pictures and cross referenced them in the report and also when tearing apart the assesment documents highlighted the pictures with the aids used - all of which i might add she's purchased herself! After waiting the best part of 6 weeks, she receieved a letter asking about ESA and has been called in for an assesment, not sure if this is ESA or PIP but they had the nerve to tell her that she has to make an appointment and see them in the next 7 days! She rang them up and told them to sod off in terms of the timescale, that she needs time to arrange it, in coordination with hospital and doctors visits, so hoping this time the assesment will go better...

  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @Princess81, how frustrating for you all! Have they managed to give her a date that suits better? Fingers crossed the assessment goes better this time.
    Senior Community Partner
    Scope

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