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Screwed over twice

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  • Lulu_1949
    Lulu_1949 Community member Posts: 236 Pioneering
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    Thankyou for that,  I quite understand the 10 year scenario. I have had to email the court for a correction as the daily living was given from 9th June 2019 to  6th June 2019 which was obviously a typo because the mobility was 9th June 2019 to 6th June 2023. 
    So if you went for another assessment during the three year period  because walking got worse is there a possibility they could reduce the award already given or do they wait until your granted period runs out? 
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  • lulu1949
    lulu1949 Community member Posts: 62 Courageous
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    @Username_removed thank you. I am so worried that after fighting for so long and so much paperwork that they might take it off him! It was good to have a telephone tribunal but on the other hand I think instead of getting 10 for his mobility if they had seen him he would have possibly been awarded 12. This would have given him a chance of getting a mobility car so that he could go to work independently whereas he has now got to use his standard payment to buy a secondhand car. We will have to look at paying for it to be adapted so controls are in steering wheel to help him. 
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  • PatchG
    PatchG Community member Posts: 42 Connected
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    @Username_removed
    I am going to respond to all your points in order. It takes me an age to type so I am doing responses on a pad thing a bit at a time. The first responses are below, more later:

    1 - Whether or not a partner works is irrelevant to DLA.

    What was actually said was that as my husband was working, his wages meant I was not entitled to DLA.
    I queried it, but was the same clerk, who just repeated it.
    I didn't know any different so believed there was nothing I could do. I told the divorce lawyer about it (many years later) when she was sorting legal aid for the divorce. She helped with forms etc through a colleague. I was given 3 months backdated which they said was the most they had to pay when they get it wrong. So, more than 11 years worth, they got out of.

    2 - 'using being unfit for work as an argument for getting PIP is not, by itself, a winning argument.'

    The relevence was regarding the extent of the injuries to my arm which are hugely limiting physically.


    3 - DLA and PIP are two completely different benefits. An entitlement to one does not bring entitlement to the other so there could never be an “automatic” change over.

    There should be imo.

    4 - 'unless there has been maladministration i.e. DWP didn’t the follow the correct process or missed a reasonable deadline. Neither of those apply here.'

    I will refer to this further on


    5 - DWP can do several things to change a tribunal decision and sometimes they do.

    Seems they can, and do, whatever the hell they want regardless.

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  • Lulu_1949
    Lulu_1949 Community member Posts: 236 Pioneering
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    @mikehughescq, thank you will take that on board. Will help our son as much as we can to get him mobile in a secondhand car then just be grateful he has at least got standard rates and wait until a few months before, maybe for months before the end of the date given. Thanks for your help, means a lot 
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  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
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    Hi @PatchG sorry you are currently in a really difficult situation. It sounds like it's had an impact on your mental health. 

    I just want to check in to see if you currently receive any mental health support. 

    Also, are you struggling to access food? This must be a worry. Please do let us know if you need any support. 
    Scope

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  • PatchG
    PatchG Community member Posts: 42 Connected
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    UPDATE

    I had the tribunal by phone on Wednesday, got the decision letter today - I WON ?

    They reinstated what had been awarded then wrongly removed, and added the mobility component which I had challenged in the first place, and no future reassessment to have to go through!

    The medical evidence proved that the assessor had ignored some and fabricated other aspects (which I could prove she had done from the recorded assessment anyway) and that the one doing the reconsideration had over ridden the elements which the assessor had actually got right.

    It hasn't sunk in yet, it's been horrendous not having money since June, it's a disgusting system how assessments are done, but justice at last!!!

    Fight for what you are entitled to, never give in!

    ???
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  • PatchG
    PatchG Community member Posts: 42 Connected
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    Also, thank you so much to everyone who offered advice and support. I know I have been quiet while trying to cope with things, but I did read all and you stopped me feeling so alone, I appreciate you
    ???
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  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
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    Great news @PatchG, thanks for the update.
    Online Community Coordinator

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    Did you receive a helpful reply to your discussion? Fill out our feedback form and let us know about it.
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Very pleased to read about your successful outcome @PatchG - how long is your award for? People's PIP is usually reviewed every so often to make sure they are getting the correct amount.
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  • cupcake88
    cupcake88 Posts: 1,286 Pioneering
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    That’s great news patch xx. How long did you get the award for ? 
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  • poppy123456
    poppy123456 Community member Posts: 53,988 Disability Gamechanger
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    Great news! Although i am confused about the "no further reassessments" There's no life time awards for PIP like there were for DLA. The longest award for PIP is 10 years with a light touch review.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • PatchG
    PatchG Community member Posts: 42 Connected
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    They put 'it would be innapropriate to put any time limit'.
    Probably because of cancer situation, at a guess.
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  • poppy123456
    poppy123456 Community member Posts: 53,988 Disability Gamechanger
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    That will be a 10 year award.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Thanks for explaining further @PatchG - great you'll have a 10 year award! :)
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  • PatchG
    PatchG Community member Posts: 42 Connected
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    That fits with the wording then, under the circumstances... Thank you ?
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