PIP to DLA, PIP reviews -Mobility downgraded or not awarded at all leading to loss of Motability car

Juliel10

I am carrying our research in respect of claimants losing their Motability car due to a downgrade or loss of the Mobility component of PIP and DLA to PIP reassessments particularly in the North East region of the UK. I would also be interested to hear from anyone in other areas of the UK.

I am a caseworker and our organisation has noticed on re-assessment and review the mobility component is regularly leading to the loss of Motability vehicles when the claimant is clearly eligible to the Enhanced rate mobility component of PIP.

Typical examples both myself and my colleagues have dealt with are as follows;

1. Vehicles adapted specifically for people who cannot use their legs/feet - hand controls.

2. Wheel chair users who cannot walk even 2 meters let alone more than 20 meters. 
3. Any other person who cannot walk more than 20 meters or plan a journey due to their health issues - such as dementia/Alzheimer's (husband/wife/son daughter is the driver).

Claimants are providing supporting medical evidence and still the mobility is being downgraded or lost altogether. 

It would be really helpful for me to collate some actual statistics as I have recently spoken to a car dealership in my area and they informed from January 2019 to date they have had 52 Motability cars returned due to claimants loss of mobility component and potentially another 30 are pending return due to the same reason.

This is a breath taking figure and we are looking for statistics in order to campaign against these quite often unfair decisions. 

We would like to state our advice would be if you are in this situation you should first of all submit a Mandatory Reconsideration letter within one month, always enclose supporting medical evidence or this is most certainly going to be unsuccessful.

If the Mandatory Reconsideration is unsuccessful you should lodge an appeal. Please seek advice from you local Citizens Advice office or an advice agency in your area.

ebeneee

Hi@ julie10................im in that predicament at the moment, scored low for daily living scored low for mobility, each 1 point for standard daily living 2 points for mobility, went through MR even though i provided letters from specialist Consultanats GP, Social worker, MP supporting letter it did not make a difference, its only a few will be lucky to keep the same award to retain their vehicles, i was not one of the lucky ones,i found out that if you win at a tribunal previous you usually go back down that route, even though my health has deteriated rapidly and i have more than enough evidence it doesnt make a difference, i know its not only about the diagnosis, its about how it affects you the individual preparing meals, personal care, budgeting, interacting with people etc, i was  once again supported by  Advisors at CAB who are quite shocked that im going though this again , i have been awaiting now 39 weeks for Tribunal date and still it doesnt seem to be getting any closer, people do not know how this affects individual physically mentallyand finacially .......this has scared me.

Juliel10

Hello ebeneee

Sorry to hear you are experiencing the very same issue that I am researching.

It is very true not only are you already suffering physically but the impact of the delay in attending a Tribunal hearing as well as the stress and worry has on the majority, if not all claimants when the Mobility is lost can be devastating on your mental health, can lead to isolation and loss of independence as you already know.

I am really glad you are being assisted by your local Citizens Advice.

In my area, Hartlepool, the Tribunal hearings are held around 12 miles away as our local Courts closed and this can be a huge challenge for claimants not able to go out, use public transport, etc.

The current waiting time is around 6-8 months in Middlesbrough which is where the hearings are heard for my area.

My manager was recently provided with some statistics in respect of appeals and this shows that successful Mandatory reconsiderations are very low often even with evidence but Tribunal appeals are around 78% successful.

Recently we have had a number of our clients who are waiting to go to appeal contact us to say they have received a phone call to advise there award has been increased after the evidence was looked at before the hearing which is really positive.

I hope you are successful with your appeal. Please keep me posted.

Best wishes

Julie

ebeneee

@ julie10 Thank you for response, i spoke to someone at the tribunal two days ago, i was quite emotional when i came off the phone, i was informed hearing witll be on the 4th floor, even though there is a lift i cant use it, the stairs are fobbed by the security, so they will have to walk with me up 4 flights of stairs i wear a boot and use a crutch i have arthritus in knees  and CRPS of ankle im in alot of pain i take quite a few pain releif , i suffer with claustrphobia, so im panicking and i am really stressed, i feel like ive committed a crime the way ive been treated i have trust issues(i know im not the only one in this position) all ive done is spoke the truth, other than health issues i have going on, i lost my father 3 months ago, and im having a terrible time  not eating or sleeping i was very close to my father, they deprived me by taking away my mobility,i was unable to spend the last days with him they have made me isolated in my home,i cannot attend appointments without family supporting me, i cannot afford taxis, because reduction in the pip as well as the benefit i receive, and i suffer with claustrophobia i cant go on a bus, i start panic, have anxiety attack that leads to asthma , i know that when i get tribunal date to attend i know its more than likely i will win, it will be bitter sweet, as they have disrupt my life.

Juliel10

 It appears there are numerous barriers even before a tribunal hearing, as you say just going out is traumatic for you without the fact you have 4 floors to climb, maybe phone and ask if they have a ground floor room. 

You certainly should not feel like a criminal! 

I am so sorry to hear you have lost your father. 

I wish you every success and hope you are one of the minority who have their PIP decision prior to having to attend a tribunal hearing at the court. 

Take care.

Best wishes
Julie
                                                                                         

ebeneee

Thank you@julie10