PIP, DLA and AA
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Tribunal pip ( SUBMISSION LETTER)

macatacmacatac Member Posts: 8 Listener
edited November 2020 in PIP, DLA and AA
After being on a lifetime dla award, i changed to pip a good few yrs ago. When i transferred from dla to pip i was awarded enhanced rate for daily living, and my award for mobility was stopped. I had a pip assessment in sept 2018 and the decision was to end my pip completely. I asked for a mandatory reconsideration, and the outcome was, not entitled to daily living, but was awarded enhanced rate for mobility. The award was until may 2020, but i was reassessed early, and my mobility was reduced to standard rate from January 2020 still no award for daily living. I asked for a mandatory reconsideration and this didnt make any difference, i then asked for the decision to go to tribunal. I have a date in November for a tribunal by telephone. The advice shop who is helping me with my appeal.  They have all my GP and Hospital records going back to the 1990's.  The benefit advice shop have sent me a copy of the submission letter they have sent to the tribunal, but there is a part that i do not fully understand, could you explain for me in plain english? The paragraph is...."The decision in front of the panel today is not just to look at the present award, but also a previous award that is to be superseded dated 03/09/2018".  When i lost my daily living award in 2018 my partner and i also lost our SDP, worth around £150 per week, we got this due to us both having been in receipt of daily living component with both of us being on pip.  

Replies

  • Cindy7007Cindy7007 Member Posts: 30 Connected
    Hi,

    The paragraph you are referring to is one where the Benefits Advice Shop are requesting the Court not only to look at the award you have at present being no daily care and enhanced mobility,  but to also look at what you have previously been awarded high daily care and no mobility.  If it is found that your daily care needs have NOT significantly improved to reduce you from requiring the highest rate of daily care to not qualify for any rate and if it can be shown that you still require a high level of daily care then the Court can award that back to you.   You could leave Court with both daily care and mobility at the enhanced rate.  If that does happen you are entitled to receive the daily care award backdated to the point they took it away from you and your Severe Disability Allowance that was stopped as a result of that decision should also be reinstated and backdated to the time it was stopped. 

    It could be a very nice amount which by the way cannot be classed as your savings for any means tested benefits.

    Less than  1 in 5 people go as far as Tribunals to fight their case and 80% win at Court.

    Hope this helps, good luck 

    Cindy
  • macatacmacatac Member Posts: 8 Listener
    Thank you...heard a couple of days ago that my tribunal has been postponed, was due to take place next tuesday, Nov 3rd. No idea now when it will take place
  • Cindy7007Cindy7007 Member Posts: 30 Connected
    Whenever it actually happens, if you win, you will have more back pay

    Cindy
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm sorry to hear it's been postponed, hopefully you won't be waiting too long for another date.

    Just so that you're aware, if you are awarded the daily living part then it won't be possible to claim the severe disability allowance because this no longer exists. You maybe entitled to the severe disability premium if your circumstances haven't changed since you were previously claiming it. It can also be backdated to the date it stopped if your circumstances didn't change through out that time.

    The good news is that if a decision does go in your favour then any backdated money is disregarded for 1 year for means tested benefits. After this time it will be classed as savings in the usual way.

    Good luck and hope you get the decision that's right for you.
    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.
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