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Help..PIP appeal gave my mum lower than original award.

katebro1987katebro1987 Member Posts: 8 Listener
Good Afternoon,

I am new to the group after having some horrible news this morning regarding my mums PIP award. 

My mum informed me this morning that her esa money was wrong by £130. I contacted ESA and they informed me that they had information from PIP that my mum is not entitled to any daily living and the standard rate mobility which has led to the ESA payment being lowered. 

I explained that this isn’t the case as the award letter states enhanced rate for daily living and standard rate mobility. I explained whilst on the phone that we did appeal the standard rate of mobility. The advisor stated that I should ring PIP as they may have got mixed up. 

I then rang PIP and was told by an extremely rude customer service representative that when you appeal the whole decision is looked at again and the MR has concluded that my mum is entitled to nothing in regards to her daily living and the standard rate mobility has been kept the same. 

I explained that we have not had any correspondence in regards to this so I wasn’t sure how someone could immediately stop someone’s money when the information hasn’t even been communicated. 

Not to mention the letter she has received this money asking for proof of my earnings for her claim towards housing benefit. It seems that everyone knew this decision besides my mum herself. 

I was told the letter was sent out on the 13th September and we have to wait between 7-10 days for the letter to arrive and then I can process a further appeal. 

My mum is deaf  so I communicate on her behalf on the original pip assessment she was awarded 12 points for communicating verbally section. 

Apparently she has now been awarded 6 points for daily living which means she has only been awarded 4 or 2 points for communicating verbally section as there is no 6 points available. 

I was told once we received the letter then we can call PIP again and speak directly to a case manager to go through the letter. 

I have been trying to google this outcome but to no avail.

Are you aware of this happening to anyone? How can it be possible that one person thinks my mum needs support in all aspects of her daily living but another can say no she doesn’t?? 

Also how are they able to just stop her money without us even being in receipt of the letter? 

What should we do in regards to the housing benefit letter will this stop her housing benefit if the appeal is in process? 

When they look at they appeal do they have all information from the f2f assessment and original report or do they make their decision based on the information provided in the appeal? 

So sorry for all the questions but I am extremely confused and worried in what to do and how I can help my mum and support her through this? 

Any advice or or guidance would be very much appreciated. 

Thanks, Kate 

Replies

  • katebro1987katebro1987 Member Posts: 8 Listener
    I am so sorry but my post has duplicated 7 times!! I don't know how to delete.
  • CressidaCressida Member Posts: 841 Pioneering
    @katebro1987 I have reported your duplicate threads so hopefully the mods will delete soon. Someone should be along to answer your query soon. 

  • katebro1987katebro1987 Member Posts: 8 Listener
    Cressida said:
    @katebro1987 I have reported your duplicate threads so hopefully the mods will delete soon. Someone should be along to answer your query soon. 

    Thank you very much
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear this. Unfortunately, when you request a Mandatory Reconsideration they do indeed look at the whole award again and not just part of it. Even though most decisions remain the same you do risk either losing what you already have as well as having the award increased.

    Money is usually stopped before a decision letter arrives this is because it can take at least 7 working days for letters to arrive from DWP and once a decision is made it takes affect straight away.

    As she's no longer in receipt of daily living PIP then her housing benefit will be affected by non dependent deductions, how much she will be affected by will depend on circumstances and who lives with her. See link regarding non dependent deductions.

    For her ESA may i ask which group she's in WRAG or Support Group? May i also ask if everyone living with her claims a qualifying benefit such as PIP daily living, DLA mid/high rate care or attendance allowance?

    For the PIP decision, you now have 1 month from that date to request the Tribunal and you need to fill out the SSCS1 form. See link https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    Do be aware that waiting times for hearings are huge across most of the country and lots of people are waiting at least a year for a hearing date. Appearing in person will give her the best chance of a decision in her favour.

    Put your postcode into this link to see what's available in your area for face to face help and advice. https://advicelocal.uk/



    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.
  • katebro1987katebro1987 Member Posts: 8 Listener
    Hi,

    I'm sorry to hear this. Unfortunately, when you request a Mandatory Reconsideration they do indeed look at the whole award again and not just part of it. Even though most decisions remain the same you do risk either losing what you already have as well as having the award increased.

    Money is usually stopped before a decision letter arrives this is because it can take at least 7 working days for letters to arrive from DWP and once a decision is made it takes affect straight away.

    As she's no longer in receipt of daily living PIP then her housing benefit will be affected by non dependent deductions, how much she will be affected by will depend on circumstances and who lives with her. See link regarding non dependent deductions.

    For her ESA may i ask which group she's in WRAG or Support Group? May i also ask if everyone living with her claims a qualifying benefit such as PIP daily living, DLA mid/high rate care or attendance allowance?

    For the PIP decision, you now have 1 month from that date to request the Tribunal and you need to fill out the SSCS1 form. See link https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    Do be aware that waiting times for hearings are huge across most of the country and lots of people are waiting at least a year for a hearing date. Appearing in person will give her the best chance of a decision in her favour.

    Put your postcode into this link to see what's available in your area for face to face help and advice. https://advicelocal.uk/



    Hi Poppy123456,

    Thank you for you’re reply. 

    My mum is in The Support Group for ESA, but I am assuming that will be looked at again if PIP have awarded her only 6 points for daily living?? There is only me and my mum at home and I work full time. 

    I was told on the phone that once the letter has been received because we haven’t had it yet we can contact them again and speak to a case manager over the phone. Is it worth it? Or appealing directly for tribunal? I am unable to complete that form until I have the letter with the information on. 

    I just cant understand how she can be awarded the enhanced rate for daily living and all of a sudden now no rate at all...surely there has to be some consistency between the case managers reviewing the information that they have the same sort of standard. 

    When they are reviewing the appeal do they have access to all information since the start of the application or just information from the appeal? 

    Thanks, Kate 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Her PIP award being reduced won't prompt another ESA review because they are different benefits with different criteria, her ESA will continue as normal. If her ESA has stopped it will just be suspended because of the PIP award decision but this will start again as normal. It's normal for another benefit to be suspended this way.

    Once she receives the decision letter there's no harm in ringing DWP to speak to a case manager/decision maker but it may not help. You should continue with the Tribunal request because you only have 1 month from the date of the MR decision.

    During the MR they look at all the information, evidence and assessment report etc. I can only assume that there was some evidence that contradicted something somewhere but not knowing anything about her case or how her conditions affect her it's impossible to answer your question.

    I would advise you to speak to an advice agency near you, this way you can take all of her paper work and show them.

    As you're working then her housing benefit will now be affected by non dependent deductions but that will depend on how much your earn. See the link about to know what deductions she will receive.

    If after the Tribunal she's awarded the daily living part again then her housing benefit will be backdated to when the deductions took place.


    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.
  • katebro1987katebro1987 Member Posts: 8 Listener
    Ah right ok. The money stopped from ESA is the extra cost for being severely disabled and that’s because she was not awarded anything towards her daily living in the PIP assessment so I have been told. 

    I contacted citizens advice and they have said to wait for the letter then take it in to discuss further. 

    Thank you for your advice it’s very much appreciated. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you're living with her then she shouldn't have been claiming the severe disability premium unless you're also claiming a qualifying benefit such as PIP daily living or DLA mid/high rate care. Do you claim a qualifying benefit?

    See link that explains the severe disability premium. https://www.entitledto.co.uk/help/severe-disability-premium

    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.
  • katebro1987katebro1987 Member Posts: 8 Listener
    I don’t claim benefits and it’s never been hidden that I live with my mum so I am a little confused. 

    The below image states an exemption? 


  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @katebro1987 - if you don't claim a qualifying benefit then I don't believe that your mum will have been eligible to claim SDP..

    It might be worth getting face to face advice in case your Mum has claimed, inadvertently, SDP when she wasn't entitled...
  • katebro1987katebro1987 Member Posts: 8 Listener
    I’m even more confused then I first started 🙈
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @katebro1987 have you always lived with your mum? As you don't claim a qualifying benefit then she shouldn't have been claiming the severe disability premium in with her ESA.

    The above image that you posted is regarding non dependent deductions in housing benefit. In an above comment you said your mum is deaf, this doesn't exempt her from those deductions and because she no longer has her PIP daily living award she won't receive her full housing benefit amount.
    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.
  • katebro1987katebro1987 Member Posts: 8 Listener
    I am going to get in touch with citizens advice as it’s quite scary to think she has been receiving something she shouldn’t have been. 

    Although the DWP are aware of me living with my mum. 

    Being deaf is not the only health condition my mum has had a pelvic exenteration which led her to have 2 colostomy bags, she has had an artery bypass due to radiation damage and has ongoing specialist input in regards to her moving in and around the home. Her mood deteriorates so low that she will not maintain her home, personal hygiene or take her regular medication so I help to support that. 

    The PIP letter has come this morning so I will go to citizens advice to discuss the next steps. 

    Thank you all for your advice. 
  • ptheshadowptheshadow Member Posts: 13 Connected
    She will only get the SDP payment, if she's on the enhanced Daily living rate & claiming Income Support or Pension Credit & possibly Universal Credit.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    She will only get the SDP payment, if she's on the enhanced Daily living rate & claiming Income Support or Pension Credit & possibly Universal Credit.
    This is incorrect advice i'm afraid. SDP is not paid on Universal credit. You do not need Enhanced daily living PIP to receive the SDP, it's just daily living PIP. DLA mid/high rate care or attendance allowance. The person must live alone or be classed as living alone, no one must be claiming carers allowance for looking after them.

    It's paid in with Income related ESA/JSA or Income Support and pension credit. Please see the link already posted in this thread regarding the criteria for SDP.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I am going to get in touch with citizens advice as it’s quite scary to think she has been receiving something she shouldn’t have been. 

    Although the DWP are aware of me living with my mum. 

    Being deaf is not the only health condition my mum has had a pelvic exenteration which led her to have 2 colostomy bags, she has had an artery bypass due to radiation damage and has ongoing specialist input in regards to her moving in and around the home. Her mood deteriorates so low that she will not maintain her home, personal hygiene or take her regular medication so I help to support that. 

    The PIP letter has come this morning so I will go to citizens advice to discuss the next steps. 

    Thank you all for your advice. 
    Are you 100% sure she's been receiving the SDP in with her ESA? Please take a look at a recent ESA letter with details of what exactly she's been claiming. The SDP is £65.85 per week from April 2019, slightly less in previous years.

    You didn't answer my question above, have you always lived with your mum?

    Once you've taken a look at a recent ESA award letter please come back and let us know exactly what was included in the claim.

    SDP isn't awarded based on any particular condition, you must be receiving a qualifying benefit to receive this, live alone or be classed as living 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.
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