DWP Discriminate me because I am disabled!

2 years ago, I had an accident on holiday, I injured my shoulder and in august 2016 had an operation as a result. I had reaction to the anaesthetic and this kicked of my well managed ME and Fibromyalgia which had been held at bay for around 10 years. I was in receipt of middle rate DLA which remained appropriate for me. I had not been requested to move over to PIP. My condition worsened, and I eventually decided that I now needed to contact DWP as my needs had changed and I would now need to claim PIP to have any increase. I called to start the process on 22nd February 2017. I had a face to face assessment and after some time I received a letter stating I was eligible to standard care, the rate as my award in DLA. No mobility. I completed an MR and that altered nothing, the award was unchanged. I appealed and had a date set for January 23rd, 2018. On day of assessment the panel ran out of time and I was told I could not be heard. A new date eventually was set for 23rd April, 14 months after my application call.
I managed to get my point across and ultimately the panel awarded me enhanced care and mobility, at last a result! Next day got letter from tribunal and noticed that the award was from 2nd August 2017, not 22nd February. 2017. I contacted DWP. I am also profoundly deaf and have an app that automatically records my calls, so I can go back over calls to check I understood correctly. I raised my issue over dates, I advised my call was recorded. This was accepted. I discussed my situation with the DWP lady that answered my call. I explained what had happened and that I felt there was an error.
This lady said no there is no error, as you were getting DLA PIP can only start from the day after DLA has ended. I argued my point as this seemed grossly unfair. I had voluntarily called to report a change in my circumstances, with that I had to make a new claim for PIP. The DWP take six months to make a (what has been proven to be errant) decision. I go to appeal and get this put right only to find that the DWP can now decide not to pay the additional benefits I should have been entitled too. After a while of going around in circles I was put through to an appeals officer who was going to “take me through it” I found myself back on the same merry-go-round! “you had DLA Mr Burrows, PIP cannot be awarded until that has finished.” Again, I tried to put my point across, I said that had the DWP decided my claim with the same decision in four weeks and the award was the same as had been awarded, I go to tribunal who uphold my appeal as they have done. Back payments will go back to the date of original decision hypothetically made 4 weeks after application? This was confirmed by the DWP!! So, because of their dragged feet, I lose 6 months of back payment. Ridiculous!

I then argued that if all was the same, timescales, dates, decisions tribunal etc but I was not in receipt of any DLA the back payment would be the effective date, 22nd February 2017, my application date for PIP. That’s correct she replied. How is this right I said, again the same old you had DLA… so, I then said so what you are saying is that because I am disabled, I am being discriminated against? Yes, she said!! I have asked for this in writing – NO! I said that’s fine I have this recording. I asked about what to do next, seems I must complain to DWP but can’t do that until they write to me with my award letter. Plus, I could seek leave to appeal to the upper tribunal. This is what I intend to do, can I please get some help and advice on this as the discrimination is one thing but what is tantamount to theft by the DWP because they take to long is another. There must be other people losing out in the same way. Its wrong and must be addressed.

Paul Burrows.

Thanks for your reply Gordon, massive shout out to this site as i used it extensively throughout. Its clear that a clever piece of legislation was put in place to enable such a thing to occur, The DWP can take as long as they want to make a decision and then avoid the back payments. i do wonder therefore if we should not consider that in these sort of circumstance the DLA is requested to end at point of claim for PIP. I don't recall anything anywhere warning me of this scenario? i appreciate that could be a risky manoeuvre but if you are certain about your disability and your claim as I was it may be worth considering. i do want to progress this in some way, its morally wrong and imo is discriminatory. My DLA was only middle rate care, my eventual PIP award was enhanced care and mobility.

Gordon, I do appreciate that and feel for those that don't get the right result. Its just that surely it is easy enough for the DWP to calculate the difference between the two benefits, that would be my thoughts. Especially as the DLA Middle rate care is virtually the same as PIP Standard rate care. Sorry if I am harping on but it still just not seem fair and i would not be expecting an over payment of benefit.