- Posts: 4
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- DWP Discriminate me because I am disabled!
DWP Discriminate me because I am disabled!
- Paul Burrows
- Topic Author
- Offline
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.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51290
Notwithstanding the incredibly stupid comments by the DWP staff, I'm afraid this has already been tested at the Upper Tier in front of a three Judge panel and the legislation that prevents back payment of PIP where there is a DLA award still in place, was found to be both legal and non-discriminatory.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Paul Burrows
- Topic Author
- Offline
- Posts: 4
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51290
Remember, you were a PIP "winner", a lot of claimants are "losers", if the rules were changed then this would mean that they would have an over payment of benefit!
I'm sorry but I can't suggest any way for you to take this forward.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Paul Burrows
- Topic Author
- Offline
- Posts: 4
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51290
Paul Burrows wrote: 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.
All of these matters were raised and discussed in the UTT judgement.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.