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- munz
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1 year 10 months ago #277834 by munz
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I support me daughter she is full deaf. She gets PIP low rate mobility middle care. Was originally DLA assessment
She has now got Fibromyalgia which affects yer mobility and is pain quite a lot. She has an assistance dog. If she was to ask for a review because she now has this additional disability would she stand a chance of loosing her disability claim totally
She has now got Fibromyalgia which affects yer mobility and is pain quite a lot. She has an assistance dog. If she was to ask for a review because she now has this additional disability would she stand a chance of loosing her disability claim totally
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- Gary
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1 year 10 months ago #277848 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Review
Hi munz
There is always a chance that your daughter could loose her claim as the DWP can at time,work in mysterious ways.
Your post is slightly confusing as you mentioned your daughter did receive DLA but then go on to say she now receives PIP, low rate mobility and middle care. Unfortunately with PIP there is no care component, they now have daily living component and, you can only get standard rate or enhanced rate. So I assume that your daughter receives standard rate for both daily living and mobility components.
If your daughters condition has deteriorated then she needs to report a change in circumstances, if she is successful then her claim will be backdated to the date she reported the change of circumstances. A review is different and not backdated.
The first thing I would do is use our self-tester to see if she may be eligible for the enhanced component; benefitsandwork.co.uk/personal-independe...nt-pip/pip-self-test, if she is then contact DWP and report a change in circumstances, she will be sent a new claims form to complete.
Use our guide to help with this task; benefitsandwork.co.uk/guides-for-claimants/pip and let us know how she gets on.
Gary
There is always a chance that your daughter could loose her claim as the DWP can at time,work in mysterious ways.
Your post is slightly confusing as you mentioned your daughter did receive DLA but then go on to say she now receives PIP, low rate mobility and middle care. Unfortunately with PIP there is no care component, they now have daily living component and, you can only get standard rate or enhanced rate. So I assume that your daughter receives standard rate for both daily living and mobility components.
If your daughters condition has deteriorated then she needs to report a change in circumstances, if she is successful then her claim will be backdated to the date she reported the change of circumstances. A review is different and not backdated.
The first thing I would do is use our self-tester to see if she may be eligible for the enhanced component; benefitsandwork.co.uk/personal-independe...nt-pip/pip-self-test, if she is then contact DWP and report a change in circumstances, she will be sent a new claims form to complete.
Use our guide to help with this task; benefitsandwork.co.uk/guides-for-claimants/pip and let us know how she gets on.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- munz
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1 year 10 months ago #277959 by munz
Replied by munz on topic Review
Thank you for you help. She did the test and it came out at high rate on both.
not only is she profoundly deaf sign language user but also has fibromyalgia and has an assistance dog
Think we should apply for a review
not only is she profoundly deaf sign language user but also has fibromyalgia and has an assistance dog
Think we should apply for a review
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- Gary
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1 year 10 months ago #277975 by Gary
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Replied by Gary on topic Review
Hi munz
Don't apply for a review, apply for a change of circumstances.
The difference is, when you apply for a review and you are awarded a higher component then the review will be dated from when the decision was made, whereas if you apply for a change of circumstances and you are successful, then your claim will be backdated to the date when you applied for a change in circumstances.
Gary
Don't apply for a review, apply for a change of circumstances.
The difference is, when you apply for a review and you are awarded a higher component then the review will be dated from when the decision was made, whereas if you apply for a change of circumstances and you are successful, then your claim will be backdated to the date when you applied for a change in circumstances.
Gary
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- munz
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1 year 10 months ago #277988 by munz
Replied by munz on topic Review
Although she still has the same disability when awarded years ago she now has an additional disability. Is there any chance by asking for a review she could loose the benefit altogether
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- BIS
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1 year 10 months ago #277998 by BIS
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Replied by BIS on topic Review
Hi Munz
There is always a small risk if one asks for a review that a claimant could lose their award, but this rarely happens. If it did, it would be on the DWP to show that your daughter's disability had improved. As she received it for her Deafness, this would not be possible - so I think it is unlikely. As Gary suggests, you would be better putting in for a change of circumstances.
Your daughter might want to keep a diary (if she doesn't already) documenting her fibromyalgia. It is one of those conditions that can be challenging to get the DWP to take seriously. You can see an example under PIP diaries. benefitsandwork.co.uk/guides-for-claimants/pip. It's not compulsory to send one.
BIS
There is always a small risk if one asks for a review that a claimant could lose their award, but this rarely happens. If it did, it would be on the DWP to show that your daughter's disability had improved. As she received it for her Deafness, this would not be possible - so I think it is unlikely. As Gary suggests, you would be better putting in for a change of circumstances.
Your daughter might want to keep a diary (if she doesn't already) documenting her fibromyalgia. It is one of those conditions that can be challenging to get the DWP to take seriously. You can see an example under PIP diaries. benefitsandwork.co.uk/guides-for-claimants/pip. It's not compulsory to send one.
BIS
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