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Scottish PIP claimant in limbo

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1 year 10 months ago #278014 by acaitens
Scottish PIP claimant in limbo was created by acaitens
Hi all, My Mum is currently claiming PIP after she was transferred from DLA. Which she was receiving high rate for both and a lifetime award on DLA. She is only receiving low rate care and low rate mobility on her PIP since 2018 after an unfair and crooked medical. She accepted a lower offer because she wasn't mentally or emotionally able to cope with a tribunal. She recently needed a copy of her PIP award to renew her disability bus pass and she hasn't received one since before accepting the lower offer in 2018. And she hasn't had to reapply to her PIP. She still hasn't received and award letter after calling again and again and they keep sending out the wrong thing. So they're relying on my Dad's disabled pass to leave the house.

With all this hassle she decided that she was going to finally try to appeal her decision and she if she can get on her previous award for DLA which was lifetime and high rate mobility and care. She has been told instead that they have handed her off to the Scottish Government and has to wait till June to apply. The whole thing has been a nightmare. She can't get her disability bus pass and is going to be removed from her My Bus service that she relies on as she uses a wheelchair and my Dad is also disabled.

Is there anyone she can talk to about this or try and get things sorted? Are they correct in saying she now has to deal with the Scottish Government and if so are there organisations that can help her navigate this? Or to hasten the process?

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1 year 10 months ago #278031 by Gordon
Replied by Gordon on topic Scottish PIP claimant in limbo
acaitens

If your mother's last PIP Decision was in 2018 then she is too late to make any appeal, it sounds as if the DWP are treating her contact as notification of a Change of Circumstances and it is this that is that has prompted a move to ADP. We know that there are delays of a few months in the new Scottish system but she should have any new award backdated to when she contacted the DWP.

As to regaining an award equivalent to her previous DLA one? You need to be aware that there are fundamental differences between the DLA and PIP Critiera and whilst a DLA Higher Rate Care award can lead to an Enhanced Daily Living one, it is in no way guaranteed.

Also, the PIP Mobility test is far stricter than the DLA one, the equivalent of DLA Higher Rate Mobility is the Standard Rate of PIP.

See our PIP Claim guide for more details.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 10 months ago #278041 by acaitens
Replied by acaitens on topic Scottish PIP claimant in limbo
I am well aware. I was at the medical with her at the time and they wrote down patently false information and made her out to be belligerent when she told them she couldn't transfer out of her wheelchair into a chair. She was in an immense amount of pain. There were elements of the assessment she couldn't do due to limited mobility and movement in her hands and legs and this was taken as not complying. She has arthritis, fibromyalgia, needs a full hip replacement but is too high risk for the operation and this is just a few of her disabilities. She has limited use of any fingers in her hand and she relies on her stair lift and cane to make short distances in the house. Other than that she's in an electric wheelchair.

Apparently they have now received a PIP form through the door today that needs to be back for the 27th of this month. So now they're scrambling to try and arrange an appointment to try and get help to fill in the form. She can't do it as she can't hold a pen.

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