PIP appeal question

funkyweejen · March 2017

Hi there. I was receiving dla with an indefinite award of middle rate care and high rate mobility for 7 years. I've had my decision looked at again with the mandatory reconsideration.

Their initial award was standard rate care and no award for mobility. With the mandatory reconsideration they then awarded enhanced rate care and standard rate mobility. Worried that if I appeal I will lose these awards even though it is just the mobility bit I want to appeal.

Losing my motability car has been a huge loss and a huge knock to my ability to get out the house when I need to go to appointments etc. In your opinion would it be worth doing the next stage of appeal or should I be happy with what I've been awarded and not risk losing it all. I can't decide what to do for the best.

Thanks for any help.

BenefitsTrainingCo · March 2017

Hi funkyweejan,

Without knowing about your condition and difficulties in detail I cannot advise whether or not it is a good idea for you to appeal, however there are two significant points which I think you should consider:-

(1) the Tribunals service can (and quite frequently do) reduce awards as well as increase them. This makes appealing when you already have such a high award a potentially risky business.

(2) the requirement for enhanced rate mobility for PIP is different than high rate mobility for DLA. For DLA is was generally a 50m rule or thereabouts, whereas for PIP it's generally 20m. There are other factors (including reasonableness) with both, but bottom line is it is more difficult to get the enhanced PIP.

All that being said, that is not to say that you shouldn't appeal, as it may be the case that enhanced rate mobility is correct in your circumstances - I would get advice in person if possible from CAB or a Welfare Rights, so they can talk to you and see all your evidence.

Hope this helps,

Mary

The Benefits Training Company

funkyweejen · March 2017

Thanks Mary, I've got a list as long as my arm of health problems but the main 3 are Crohn's Disease, Multilevel Spondylitis and Scoliosis. The Crohn's has a host of complaints that comes with it.

I will try talking to an advisor to try and help me make up my mind. Finding it really hard to make a decision as I feel I was very lucky and fortunate to get such an increase from the mandatory reconsideration in the first place. I feel I do meet their criteria for the enhanced mobility but at the same time I really don't want to lose the awards they have already given me. Hard decision.

Thanks for your help.

wildlife · March 2017

Hi @funkyweejen, In my experience the mandatory reconsideration is not the end of what you can do to convince decision makers they've got it wrong. I rang the DWP after my MR and was surprised when the advisor offered me a call back from a DM a different one again from the 2 that had already decided I should get less than I think is correct. So I agreed and even forward booked it for 2/3 days time to give me a chance to prepare some questions. I got the impression that DWP don't actually want so many people to appeal to a Tribunal as this reflects on them. They agreed to look at my claim again for a 3rd time. Having a complaint with ATOS helped and also I had the offer to review it if I sent in more evidence in writing in my MR report. This would not apply to everyone so I'd be interested to hear if anyone managed to do this

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