Appeal

tigg101
tigg101 Online Community Member Posts: 1 Listener
in Benefits and income
Hi  i was getting high rate mobility  than  went over  too  pip  and they  took IT  of my my illness  effect  me  different  every  day  i have brittle  asthma  and  also  on going  test ti see if i have flash porneraly edema i appealed  and they  still  said  no  what  do i do now  

Comments

  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    Hello tigg and welcome

    Have you appealed to the Tribunal ?
    Do you have any PIP award ?

    CR
  • dianeross0398
    dianeross0398 Online Community Member Posts: 2 Listener
    I was on higher mobility so had a car pip to off me i fail by one point now feel my independence gone can i get the higher rate bavk
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing

    Hi dianeross and welcome

    You should ask for a copy of the assessment report
    Then within one month of the date of your decsision letter you should ask for a mandatory reconsideration

    CR
  • dianeross0398
    dianeross0398 Online Community Member Posts: 2 Listener
    Unfortunately it was december 2015 but i didnt know how to appeal or even if i could
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    dianeross0398 said:
    Unfortunately it was december 2015 but i didnt know how to appeal or even if i could
    With it being over 2 years it's now far too late to appeal any decision. If your condition has got worse you can report changes. Doing this will risk the award you already have. They will also send you more forms and another assessment will be needed.

  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    tigg101,

    You've already had good advice on your situation. As Poppy says it's too late to appeal and I don't think you can get the decision revised by the DWP because whatever happened, it's unlikely to have been caused by official error. However, it might be worth checking, if you still have the paperwork, with an organisation like a citizens advice bureau or a local disability advice centre. That's because, if the DWP had evidence they failed to take into account at the time, then it could be an official error & you can ask for a revision. That means saying you think the rate of your benefit is wrong, and has been since December 2015. 

    Also, I'm a bit confused because you say in your original post that you did appeal  - do you know if that was a mandatory reconsideration (where the DWP look at their decision again), or whether it was a tribunal?

    In any case, it would be hard to get the original decision changed. So, that leaves you with trying to change your award from a more recent date - the easiest way to approach this is to say you've got worse. You'll need evidence, and as Poppy points out, you could risk the benefit you already have. And you'll probably have to have an assessment. The evidence also needs to show that you've been worse for at least 3 months, and will continue to have the same level of need for a further 9 months. 

    It would also be worth thinking about whether you meet the conditions for the enhanced rate of the mobility component. You need 12 points to get the enhanced rate, and it sounds as if you were very close at your last assessment. Have a look at the PIP self-test to double check whether you think you should qualify, and then think about how you'd provide evidence to back up the descriptors you think apply to you.

    You can try entering your postcode on the tool here to see if there's local help with disability benefit advice.

    Will

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