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PIP REVIEW
- ladybear1
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6 years 2 months ago #211120 by ladybear1
PIP REVIEW was created by ladybear1
I was awarded standard care PIP in 2016 at the age of 64. This was following a tribunal appeal. I was denied mobility completely even though I have arthritis in both knees and can hardly walk at all. I applied for a blue badge and received immediately following a medical. I was asked in January of this year by DWP to fill in a review form, have things got worse etc? I reiterated that my knees had got a lot worse etc and was asked to an assessment. I have now received a reply from ATOS that they appreciate from my attendance and MRI report I am a lot worse but they cannot award mobility as I am now over 65!! Why not tell me that at the outset? Surely it is an 'add on' rather than brand new claim? I have been awarded 1 extra year till 2020 for standard care but don't feel this can be right? lawful?
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6 years 2 months ago #211134 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP REVIEW
ladybear
I'm afraid the PIP legislation does not allow an award of the Mobility component if there is not one already in place once the claimant reaches the age of 65, it's not an appealable Decision.
Gordon
I'm afraid the PIP legislation does not allow an award of the Mobility component if there is not one already in place once the claimant reaches the age of 65, it's not an appealable Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #211137 by ladybear1
Replied by ladybear1 on topic PIP REVIEW
Thanks for the appeal side of it Gordon but what if the condition started years before age 65? No difference? This means I can never claim mobility at all then in the future under any benefit?
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6 years 2 months ago #211157 by Gordon
Given your previous award, at age 64, did not include the Mobility component and this Decision was made at appeal then I'm afraid I can't see any way for you to argue that your mobility was sufficiently effected before the age of 65.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP REVIEW
ladybear1 wrote: Thanks for the appeal side of it Gordon but what if the condition started years before age 65? No difference? This means I can never claim mobility at all then in the future under any benefit?
Given your previous award, at age 64, did not include the Mobility component and this Decision was made at appeal then I'm afraid I can't see any way for you to argue that your mobility was sufficiently effected before the age of 65.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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