PIP, DLA and AA
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DLA Lifetime award For lifetime of disability

Dotty224Dotty224 Member Posts: 7 Listener
I was born with no hip joint and after several operations as a child was left with no mobility in my left hip and a shortness of two and a half inches. I fought to be an independent child, teenager, mum and wife then back in the 90's had a hip replacement but the muscles were shot. Another in 2007 left me needing sticks and my mobility became much reduced. I was advised to apply for a blue badge and DLA and was awarded a lifetime award of enhanced mobility which enabled me to have a motobility car. My condition has worsened over the years and in August 2018 I had my assessment in my own home for PIP. I was awarded standard on both mobility and daily living. This meant I was to hand my car back by Xmas. I appealed via mandatory reconsideration and lost. My car went back. I appealed with the help of CAB and my tribunal was in June. I lost. The reasons were that my sticks could not be considered as orientation aids and I did not have a mental condition. So if you are suffering from overwhelming psychological distress but are physically fit then you can qualify for the enhanced mobility award but if you are physically disabled and want to go out but need help you don't qualify. Surely this contravenes article 19 of the United Nations rights for disabled persons act. 

Replies

  • wilkowilko Member Posts: 2,294 Disability Gamechanger
    @Dotty224, Hello and welcome, when you where awarded your lifetime award for DLA the criteria used to make awards is was based on your disability and diagnosis. Whereas PIP uses a totally different criteria which is based on your abilities to preform the tasks known as the PIP descriptors safely, repeatedly and in a timely manner for 50% of your time. The judges at your or any tribunal have to apply the law as laid down in the PIP legislation. If the tribunal made an error in the law then this can be challenged. You need better advice than CAB as they do a good job benefits is a specialist area for giving advice.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Dotty224 and a very warm welcome to the community! I'm sorry to hear you didn't get the enhanced rate, even after a tribunal.

    Unfortunately, DLA and PIP are two completely different benefits, and scoring highly on one does not mean you'd score highly on the other. Like @wilko has said, PIP does not look at the diagnosis, but how it affects you. 

    I completely understand how frustrating and annoying this is. You should seek face to face advice about the possibility of there being an error in the law. More information about this can be found here.

    I hope this helps :)
    Community Partner
    Scope

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  • Dotty224Dotty224 Member Posts: 7 Listener
    I understand completely what you are both saying but section 11a that I scored 0 on states that 'can plan and follow the route of a journey unaided. In the government guidlines for HP's it states that unaided is without the use of an appliance, another person, orientation aid or guide dog. Appliance is listed as something that improve mobility such as walking sticks, wheelchair crutches etc. As i do not and cannot leave home without sticks,  walker and car how can this be classed as 'unaided'. I am only 2 points short of enhanced rate. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited July 2019
    Dotty224 said:
    I understand completely what you are both saying but section 11a that I scored 0 on states that 'can plan and follow the route of a journey unaided. In the government guidlines for HP's it states that unaided is without the use of an appliance, another person, orientation aid or guide dog. Appliance is listed as something that improve mobility such as walking sticks, wheelchair crutches etc. As i do not and cannot leave home without sticks,  walker and car how can this be classed as 'unaided'. I am only 2 points short of enhanced rate. 
    I think you are confused here between activity 11 following and planning a journey and activity 12 moving around.

    You can't score points under activity 11 if you're claiming for a physical condition. Aids such as walking sticks, wheelchairs and crutches are for activity 12 "moving around" If you have problems with your mobility because you're unable to walk a certain distance then it's activity 12 only that you can score points in.


    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.
  • Dotty224Dotty224 Member Posts: 7 Listener
    Four years ago an aquintance was awarded higher rate under the wording " for reasons other than physiological distress can you plan and follow the route of a etc.....This person has genuine problems but walks to the shops completely unaided. I just feel that they keep moving the goalposts and if I had been assessed back then maybe I would have got it too. I know that the DWP are trying to stop those who are not genuine  and i totally agree with this but then there are hundreds of genuine people who have lost out.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, as i thought you're totally misunderstanding the different between the 2 activities.

    Your friend was awarded Enhanced mobility for following and planning a journey for other reasons than physical problems. They wouldn't able to score points in the moving around part because they can walk.

    It's totally possible for a person who can walk to score points in activity 11.

    My daughter can walk perfectly, she can run, skip and jump but she was awarded Enhanced mobility under following and planning a journey because she has a learning disability and autism. This means that because of danger with roads, she's unable to go anywhere alone and has never been outside the door alone and she's 18.

    If you're claiming for physical condition that means you're unable to walk without the use of an aid then it's activity 12 that you need to concentrate on and not activity 11.

    Please read the link i posted above.
    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.
  • Dotty224Dotty224 Member Posts: 7 Listener
    No I'm not misunderstanding it at all! The acquaintance has problems with her ankles nothing else. What I am saying is that the DWP should not keep changing the criteria. Personally I feel that if someone was on a lifetime award of DLA then that should have been honoured on transferring to PIP. Any new applicants then fall under the new criteria. I cant go out alone either. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Reading back on your first post i see that you do have mobility problems, which is problems with walking. I'm assuming that you need someone with you to push you in a wheelchair? If this is correct then you won't score any points in following and planning a journey.

    The moving around part of mobility for PIP for Enhanced is 20 metres, for DLA it was 50 metres.

    Walking sticks are not classed as orientation aids for following and planning a journey. For example an orientation aid would be a long cane that a blind person uses. Walking sticks are aids for use with mobility problems, which will be the moving around part.

    DLA and PIP are totally different, with different criteria. The only part of following and planning a journey that changed is they removed the words "for reasons other than psychological distress" No other changes have been made. See link. https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016



    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.
  • Dotty224Dotty224 Member Posts: 7 Listener
    Which brings me back to the point of what I would have got if asssessed back i  2015. I never mentioned a wheelchair. I cant go out alone because where i live is too far to walk to shops, Drs,  bus stops etc as i have lost my motobility car! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    May i ask the reason why you can't go out alone?
    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.
  • pollyanna1052pollyanna1052 Member Posts: 2,002 Disability Gamechanger
    Dotty, like you I was awarded full DLA back in 2000. My mobility is zero as I am a full time wheelchair user. I was a part time user then.

    So like you, I believe we should be automatically transferred to full PIP.
    But, it`s like the other respondents are trying to explain...DLA did use your diagnosis to reach a decision. But PIP goes on what help you need and how your condition affects you.

    I feel it is unfair. You feel it is unfair...many, many people feel like us. But sadly we can`t make the DWP agree with us.

    Losing your car is really the worst for you. Take care xxx
  • Dotty224Dotty224 Member Posts: 7 Listener
    Hi, yes it is grossly unfair and yes the others are 'trying' to explain something that I am perfectly aware of. I understand everything and all the links I have been sent are already imprinted on my brain,  but I still feel it is wrong. I am fully supportive of everyone who is disabled in someway being acknowledged for their disability but do feel that genuinely physically disabled with mobility issues are getting a bit of a raw deal. However as you say no one is listening to us properly. Perhaps Boris will will give us all Santander mobility scooters 🤣. Seriously though thankyou for your support and I wish you well and I do hope that you are getting the higher level of PIP that you so rightly deserve. You take care too sweetie. X
  • pollyanna1052pollyanna1052 Member Posts: 2,002 Disability Gamechanger
    Let us know how you go on Dotty and I`ll do so too xx
  • Dotty224Dotty224 Member Posts: 7 Listener
    Thats it for me now until my next review.  Im utterly demoralised and cannot suffer the indignity of having to justify a disability that I was born with to pen pushers and tick boxers anymore. Life is for living and thats what im going to try do to the best of my ability even though I cant get out as much as ironically  by losing my motability car has put into jeopardy  my Personal Independence! Yes please keep in touch with how you get on though.  
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