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TOPIC: DLA to PIP for hearing impaired

DLA to PIP for hearing impaired 2 weeks 3 days ago #174524

Hi, my daughter is profoundly deaf (since birth) and had always received the midrate care and low rate mobility component under DLA. Having heard that many others hearing impaired were receiving insufficient point under the PIP transfer criteria I wasn't holding out much hope when our turn came.
However I followed your PIP guidance PLUS this recent upper court case , CPIP_2559_2015-UKUT_160_AAC_2016.pdf , which appeared to contradict ATO assessors who were only awarding points for either activity 7 OR activity 9, rarely if ever for both, so deaf peoples communication difficulties were not being recognised as a disability under PIP.
I included the court case in my evidence and today received the brown envelope which awards us the standard rate PIP!
It is less than the DLA award (thinking of appealing) but I view it as a recognition that deafness is a genuine disability in the same way as other more "visible" disabilities.
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DLA to PIP for hearing impaired 2 weeks 3 days ago #174558

  • Gordon
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yakker

Congratulations and thank you for explaining what you did.

PIP Standard rate Daily Living is equivalent to DLA Medium Rate Care, did your daughter get a mobility award as well?

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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DLA to PIP for hearing impaired 2 weeks 3 hours ago #174910

No she didn't get the mobility award under PIP, that's why I'm tempted to appeal.
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DLA to PIP for hearing impaired 1 week 5 days ago #174976

  • Gordon
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yakker wrote:
No she didn't get the mobility award under PIP, that's why I'm tempted to appeal.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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DLA to PIP for hearing impaired 1 week 5 days ago #175048

  • CS
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Hi Yakker, huge congratulations to your daughter for getting standard PIP - Care !!!

As I'm sure ur aware deaf people tend to find it a huge battle to get standard care.

I'm severely/profoundly deaf & documented my PIP journey on this site. I lip read, hear reasonably on 1 on 1 situations in a quiet room only & speak. I got standard care only after MR after I really really really laid all my probs out bare. I have huge probs undertaking journeys but decided to play 'stick' rather than undergo many many more months of stress to try to get mobility... but surely hearing aids should be counted as an orientation aid ?!

Is your daughter oral (talks ) or a signer ? Please keep us informed of ur progress as every deaf story helps other people.
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DLA to PIP for hearing impaired 1 week 4 days ago #175144

Thanks so very much for this post and linking me to it from my query. I have submitted mine and just awaiting the dreaded assessment letter now. I got Mid rate DLA for 17 years looking at my application I really feel I should score enough for Higher rate as I have depression and anxiety too due to my deafness and also lower rate mobility. Probably wont be will keep you informed.
Funny point was I worked all my life until past 3 years when my deafness and anxiety caused me a breakdown. Got ESA fine first time but lost it second time and had to appeal but I did win. The judge at the appeal as me if I got any other benefits I said DLA - she said let me guess - mid care and lower mobility - that made me think then maybe I am possibly entitled to the mobility. I was initially turned down for DLA but instead of taking them to appeal which I could have in 1999 direct I wrote to DWP first and they reversed the decision.
I am sure my journey will be a long and difficult one but I am determined to fight and will keep you in the loop.
Thanks again.
PS I have a profound deafness wear strongest digitial hearing aids at all times but need to lipread to as cannot hear anything without lipreading and even struggle with this. Also cannot use the phone AT ALL.
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