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DLA to PIP

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5 years 11 months ago #210469 by David
Replied by David on topic DLA to PIP
If I may try and unravel things a little, I think there may be two decisions in question

Decision one change from DLA to PIP

In February 2017 l received a letter from DWP informing me that DLA was coming to an end and that l would have to apply for PIP

I had an assessment by Atos on 23 June 2017

Eventually l was awarded Lower Care and Lower Mobillity.

l then asked for MR, and a copy of the Assessors report
What was the result of the MR ?

Was it that the decision maker at DWP, has increased to the higher rate, ( daily living 12 points enhanced from 8 points but mobility unchanged )

You have now appealed to the tribunal for enhanced mobility based on the decision following the assessment on 23 June 2017 which awarded you standard rate D/L and mobility and subsequent MR which increased your D/L to 12 points but did not increase your mobility

This was your change from DLA to PIP at which time the age limit on mobility award did not apply because of this.

Decision two change of circumstance

they say l started a new claim in September when l phoned up to inform them of an illness that had gone undiagnosed for two years.
This would be a change of circumstance, had you passed your 65 birthday ?

had a further assessment, which was actually about me, ( was this a new f2f ? )
Was this as a result of the change of circumstance ?

Anyway finally had a good second assessed, awarded 12 points for moving around,
When was this ? who awarded the 12 points ?

DWP have increased my care to higher rate, but offered lower mobility because l was over 65,

The new decision based on CoC if after age 65 cannot award enhanced mobility as only standard currently in payment but this is the subject of appeal


Sorry if I have confused things more
The following user(s) said Thank You: Mrs Maria Bentley

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5 years 6 months ago #217219 by Mrs Maria Bentley
Replied by Mrs Maria Bentley on topic DLA to PIP
Hi David, sorry for the delay, l have been quite poorly, l also suffer depression, so all this hasn't helped.
Had a court hearing on 25/04/2018, it was adjourned, as the Panay could not understand DWPs ruling. The DWP were invited to attend further court hearing with 28days to reply, they did not reply. I have received further date for court hearing which has totally confused me even more.
Copies of both assessments have been filed to the court.
After the second assessment DWP increased my care to higher rate, but even though the Assessor gave 12 points for mobility, DWP gave reasons of my age. When DWP increased care payment, they stated that as it was a new claim there is a waiting time of 13 weeks, so payment increase was from the 08/12/2017.
When l informed them of change on 30/09/2017, l explained that l had had this illness for over two years, that there was no change in my physical or mobility, and the reason how it came about that l had only just been given the diagnosis from a locum doctor. L stated that every letter l receive from DWP states that any changes you have to report, so l did. With hindsight had l known the complications resulting from a phone call, l never would have informed them. When l received a new booklet, How Your Disability Affects You, l thought this was because l reported Atos, and sent written complaints to them and Atos. Of course when l was given a few days notice of a second assessment at my home this time, l was quite pleased as l thought at least they wouldn't lie on a second assessment.
When l received conformation from DWP that my care payment was to be increased l was happy, until l read that my mobility would still be on standard payment due to my age l was livid, as the assessor had recommended 12 points for mobility. I have to state here, l think that these people forget that we are making a claim because we are very ill. Il phoned DWP to rant on, as we do when nobody hears us, l got a lovely man, he had never heard of this 65 age thing, he also said he used to be a Adam, and again never heard of a Adam not adhering to assessor decisions. He told me l couldn't have MR as l had been awarded new rates.
I am in court again on 20/09/2018. Upon reading the court letter today it states, that only thing they can make a decision on is the closed dates, 09/08/2017 to 07/12/2017, that's not what l am fighting for???, also after going through all my paperwork, and there's loads, l notice that l have a letter from DWP saying that l can have a M R for the last assessment, and a month to reply, and l had missed this letter, l'm devastated. Do you think that l could contact , or is all lost??? Thank you David, and other members who read this. I forgot to add, that after all that occurred last year, we moved back to Yorkshire from Cornwall as l needed support from my children, so January was a very busy month.

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5 years 6 months ago #217241 by Gordon
Replied by Gordon on topic DLA to PIP
M

What the Tribunal Service is saying is that they cannot look at your Daily Living award as you are now receiving the Enhanced rate which is the highest that can be awarded, they cannot look at your Mobility award as the law does not allow it to be increased, so the only thing that they can look at is when the Enhanced Daily Living award should be paid from.

Gordon

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