PIP, DLA and AA
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Pip

karaokegeoffbonny1karaokegeoffbonny1 Member Posts: 1 Listener
edited September 2017 in PIP, DLA and AA
I have been on DLA since 1991 on high rate Mobility and high rate living allowance .I went for the change from DLA to PIP and received 10 points for each lowering me to low rate on both Mobility and care I put in a reconsideration and was turn down again but then received a phone call changing there mind and gave the enhance rate on Mobility but left the care on low rate they threatened me saying if you go to the tribunal you may be put back to low rate .she told me I nay loose my care altogether as I have a toilet seat raiser and having I am having a disablement grant for my home and this would go against me .it made me frightened to appeal to the tribunal this was 3Months ago what can I do if anything G

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi and welcome

    That is disgraceful, using threats and scare tactics is unacceptable. Normally you would have a month from the date of the decision letter to enter an appeal, unless you can show good reason for it being late.
    How long did they award you for ?

    CR
    Be all you can be, make  every day count. Namaste
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    edited September 2017
    Hi @karaokegeoffbonny1

    A very very big welcome to you to our website and online community.

    I'm so sorry to hear about your current predicament.

    You will find many many members on here in the same predicament.

    Here's some PIP/Benefit info for you.

    https://www.scope.org.uk/support/disabled-people/calculate-benefits

  • DasiydoDasiydo Member Posts: 94 Courageous
    At awful for you
    V.shaw
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    karaokegeoffbonny1,

    This is definitely unacceptable. If you took your case to a tribunal it is possible they would look at the whole of the award but they would have to have good reasons to change the care component. The fact that you have a toilet seat raiser and a disablement grant is NOT a reason to change the award. For example, when looking at toileting, I would expect the raiser to count as an aid and get you points.

    You have been misled and threatened. 

    I suggest you do the following. If you have a mandatory reconsideration notice with your new award on it then I think you should appeal to the tribunal now, enclosing a copy of that notice. Get advice locally if you can. You are making a late appeal but you have good reasons - explain why you are late on the appeal form (there is a box for this). Explain that you were threatened with the loss of your daily living component and you were frightened. I think that it is in the interests of justice for the tribunal to accept your appeal.

    If your mandatory reconsideration notice doesn't have your new award on (but instead has the standard rates of both components), then you may have to ask for a mandatory reconsideration now. Again, this is technically late (more than a month since the decision allowing you enhanced mobility but standard daily living) but explain why you are late and say that if they refuse to accept your good reasons for being late you will appeal that decision.

    I really hope that you appeal and get your enhanced care, as it sounds like you might be entitled. It will be great if you can get someone to look at your paperwork such as a local CAB. But don't worry if you can't. Please follow the steps above.

    Also, I recommend that you complain about what the DWP said. And maybe consider going to your MP about this. It's completely unacceptable.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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