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Transfer from DLA for life to PIP for just 5 years

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6 years 4 months ago #211403 by Fido
I am 65 and have just been transferred from DLA for life, (DLA was for higher rate for mobility and lower rate for care due to my physical injuries) to PIP.

When DLA was awarded I was bordering upon the middle rate for care but I did not go for a review because i preferred to avoid the hassle of forms and medicals etc.

After the PIP Medical I was awarded Enhance Rate for Mobility and Standard Rate for Care both of which are awarded for a 5 year period so the awards are correct but I would have preferred that it was ongoing instead of just for a set time as the whole thing will probably start again in about 4 years from now and the time limits could prevent the renewal of the Motability Car.

I will be 70 when it comes up for review again and even though my issues are all physical i recently found the whole PIP application process with medicals and a very long form to be quite stressful and since my chances of my needs getting better are approaching zero I cannot see why it has only been awarded for 5 years.

It says within the decision part of the award letter that "I awarded you PIP has been awarded for a set time because your needs may change"

I am OK with the points award as they seen about right and I don't want that to be messed up and I know that I can ask for a Mandatory Reconsideration regarding this but I am not sure what would be the best course of action and what the likely outcome would be.

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6 years 4 months ago #211423 by Gordon
Fido

Remember that the change that they mention could be you getting worse.

Although you can ask for an MR if just the award length, the DWP are going to review the whole award, something you cannot prevent.

We have only seen a handful of members challenge the award length with the DWP, I know of only one that has been successful in doing this. The length of the award is primarily a medical Decision so the Decision Maker is going to be dependant on the assessment report which is very unlikely to be changed without further evidence.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 months ago #211432 by Fido
Hi Gordon,

Thank you for your reply.

The supplied medical information that I supplied meant that DLA was awarded for life because it will not get better/is incurable and I had hoped that the PIP would also be awarded for the maximum period because of the same reason.

I do not believe that the DWP Decision Maker or the HCP has been unfair with me and it is quite possible that they have timed the award to help me in case it gets worse and that is why they have awarded it for a timed 5 year period.

However, The fact that I could myself ask them for a review anytime if it did get worse somewhat defeats the potential benefit in a timed award over an ongoing award avoids the unnecessary stress and hassle of a periodic review.

I do not believe that is any chance that the award being be reduced if they did carry out a Mandatory Reconsideration as the medical evidence, MRI scans etc. is fairly clear but I will probably just wait the 4 to 5 years for the next review as I suspect that they could well make it an ongoing then but since my condition is incurable. - Since I am already 65 I cannot see the point in the stress and hassle of a stressful review period for something that cannot be cured.
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