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PIP after 65
9 years 3 months ago - 9 years 3 months ago #154198 by bro58
Hi G,
I am afraid that you are not alone in not being awarded the appropriate level PIP Mobility after previously being in receipt of a HR Mobility DLA Award.
The walking test for PIP is much more difficult to qualify under than that of DLA.
The success rates for MR's are very poor and they do seem to be rubber stamping the initial decision.
The success rates once one goes on to appeal are much better, currently running at around 60% !
You have nothing to lose by going on to appeal, as if the Tribunal were considering taking away or reducing a current award, they would first have to warn you, therefore giving you the opportunity to withdraw your appeal.
You can continue to receive PIP Daily Living and Mobility beyond 65, as long as you qualified for it before reaching 65 and continued to qualify for it after 65.
If you fail to appeal this adverse decision, or you do appeal and are unsuccessful, you cannot make a fresh claim for PIP Mobility once you are over 65.
Remember, if you are successful at appeal, the Tribunal's decision would be backdated to the date of the initial adverse decision appealed, so it would be as if the decision had be made then !!
See the following generic PIP MR/Appeals information, hopefully some of it will be helpful :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
You should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !
bro58
Replied by bro58 on topic PIP after 65
Georgina wrote: I have just been awarded PIP standard rate care until 2022, and refused mobility even though I had the higher rate on DLA.
I've had a mandatory reconsideration which came back almost as though they hadn't even looked at the further evidence, and am now thinking of taking it to Tribunal. Is it worth doing this as I will be 65 on April 7th this year or would i be better off just accepting what I have now? Will I lose PIP as soon as I reach 65 or will it carry on until 2022? Is it possible they could take away the PIP allowance I've just been awarded. Things are so tricky with claiming benefits these days that it's worrying me about making the wrong move. Thank you in advance for your help.
Hi G,
I am afraid that you are not alone in not being awarded the appropriate level PIP Mobility after previously being in receipt of a HR Mobility DLA Award.
The walking test for PIP is much more difficult to qualify under than that of DLA.
The success rates for MR's are very poor and they do seem to be rubber stamping the initial decision.
The success rates once one goes on to appeal are much better, currently running at around 60% !
You have nothing to lose by going on to appeal, as if the Tribunal were considering taking away or reducing a current award, they would first have to warn you, therefore giving you the opportunity to withdraw your appeal.
You can continue to receive PIP Daily Living and Mobility beyond 65, as long as you qualified for it before reaching 65 and continued to qualify for it after 65.
If you fail to appeal this adverse decision, or you do appeal and are unsuccessful, you cannot make a fresh claim for PIP Mobility once you are over 65.
Remember, if you are successful at appeal, the Tribunal's decision would be backdated to the date of the initial adverse decision appealed, so it would be as if the decision had be made then !!
See the following generic PIP MR/Appeals information, hopefully some of it will be helpful :
You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.
Sending Documents to the DWP.
You could also ring the PIP Helpline :
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm
To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.
If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :
You can do this using a SAR Form :
SAR Form Download
From this page :
DWP Data Protection Policy
Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.
Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.
Write DPA 1998 SAR in front, top, left corner of envelope.
Once received, they have 40 calendar days to comply.
You should not miss your one month deadline if The PA4 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days
If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!
You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
You should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !
bro58
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