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Change of circumstances DLA to PIP

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7 years 2 months ago #177058 by Paradigm
Replied by Paradigm on topic Change of circumstances DLA to PIP
Problem is, that I do think I need a change of circumstances but to lose my existing award (low care DLA) even for the period of the award and potentially forever would create a gap I simply can't plug financially as I'm already putting it towards a disability related cost until June. Given that my current award is low DLA, this is especially concerning to me.

The problems are threefold:
1. I didn't put all my difficulties on my DLA form as didn't have diagnosis/good enough evidence to relate them to my disabilities.

2. The award I was given didn't match a previous award (made solely on hearing loss) but I didn't challenge as appeal seemed a huge hurdle and was given indefinete before I realised PIP change was coming up. appears to be because many of my descriptions were simply written off as 'you said need x, but we believe you prefer x' - indeed, anything that related to MH instead of my hearing loss was in that format plus my travel difficulties.

3. I no longer have MH difficulties but as these were all disregarded I don't see how that would effect the an award decision and pretty much everything I described has simply been attributed to the new dxs plus some more.

So the descriptions, evidence and my awareness of areas I have difficulty (ones I was unaware of simply weren't included) with have changed but my needs have not. However, it seems to me that I now have more solid evidence for the difficulties I had that were disregarded plus the additional areas.

Based on the last broad disregard, I am very cautious that my difficulties and the DWP's opinions on those may differ. So I'm wondering if, in the event that SS agree that I need more support than is possible with low DLA funding, whether they could force me into the PIP process.

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7 years 2 months ago #177059 by Gordon
Replied by Gordon on topic Change of circumstances DLA to PIP
Paradigm

The criteria used by Social Services are theirs and theirs alone, whether you receive a care package or not has no impact on your DLA or any PIP claim, nor can Social Services take any action to "force" you into the PIP process.

Whether you need yourself to inform the DWP is a matter that only you can answer, if there has been an improvement in your conditions then you are required to inform the DWP, if the has been a deterioration, then I must give the same advice, however, the DWP are far more forgiving of a failure to notify of your conditions worsening than they are of them improving.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Paradigm

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7 years 2 months ago #178067 by Paradigm
Replied by Paradigm on topic Change of circumstances DLA to PIP
Thank you for your advice. I have put in an application for "a" social care assessment, but it turns out different teams do different things so I'm having three! I'm a bit nervous in honesty.

When I was showing my wife the descriptors, she asked me why on the nutrition one supervision garners less points than prompting. It doesn't make sense to me.

Also, I'm going to try arguing 11f on grounds on grounds of needing help to judge traffic slow. I find it difficult to 'see' traffic (my vision is normal, but my processing drags a bit and so it doesn't generally flag up vehicles as a hazard... if that makes sense) and I also get lapses in attention. Consequently not allowed to drive. But I'm not sure how they would decide whether the risk is significant?

Since it doesn't make a difference whether the route is familiar or unfamiliar, I think it's going to be 12 points or nothing.

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7 years 2 months ago #178136 by Gordon
Replied by Gordon on topic Change of circumstances DLA to PIP
Paradigm

The DWP may counter your arguments about gauging the traffic by saying that they would only expect you to cross at a safe place or when there was no traffic approaching, so you might want to include arguments as to why this is not possible, assuming it is the case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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