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PIP award (t/f from DLA) - Is it worth challenging

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7 years 8 months ago #164584 by N.Ralls
I have just received my PIP award of Standard care and standard mobility for approx. 4 years
(previously DLA indefinite award of low care amd high mobility, having been dropped down from high care previously - but not well enough to challenge at time)

Under new rules, not surprised got standard mobility.

However, whilst think probabaly borderline standard to higher care should have been the outcome, it may have been only 11 points, not 12, so would still only get standard.

BUT I was awarded 8 points with only points explanations being aids/appliances ones, which is incorrect for most and should have been assistence/supervision for a number.

ALSO, the evidence quoted on PIP award notice from PIP medical is incorrect (I don't yet have copy of medical report)

So
1) Do I just leave it all alone as not worth the stress of going through challenging these errors just to get same result?

2) Do I challenge it and risk losing everything, or one of benefits, but might (outside chance) get higher care with standard mobility?

3) Do I challenge it to get the correct reasons and to correct the wrong medical quotes, even if get same award at end of it?

or 4) Do I send a letter registering the fact I believe they've not used the correct explanations and that info from medical is not fully correct - so if they remove benefits in future for people who use aids/appliances I would be better covered to challenge a review of my needs?
[and if they don't change rules may just get nearly 4 years of peace until can try again next time to see if they can get it right]

Please note I do not have a lot of energy to do this and have 2 disabled children, so am starting from an exhausted point. However, I do not want to find I suddenly lose my care award because the Government decide to take any care award based only on aids/appliances, or would I be likely to be able to challenge it at that time....but if didn't challenge the inaccuracies now, could that be used against any challenge I make?

Can anyone advise?

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7 years 8 months ago #164605 by Gordon
RN

Whatever you do it will have to be your decision.

We have had a number of members post in the forum that they are unhappy with the points that have been awarded but not necessarily the award that has been given, I'm afraid there is no mechanism available to correct these errors.

To try and answer your questions.

1. Do you think you realistically can score the extra points for an Enhanced award. If you don't then there is no point challenging it.

2. As above.

3. There is no point in you doing this, you are risking your current award for no additional benefit.

4. The only mechanism available for changing the current Decision is for you to request an MR, you risk your letter being taken as a request for an MR and if you make it clear that it is not, then the DWP will take no action.

Gordon

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

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7 years 8 months ago #164644 by N.Ralls
Thanks for info., that's great.
Can I just mention that a lot has been said about the concern that the Government will take out the use of aids and appliances descriptor, so these will then get nil points in the future.

If this does happen and your claim is full of incorrect aids/appliance choice descriptors, would you then be able to put in a claim as a change of circumstances or can you request a review at that later point?.

It is of note that if the correct points and descriptors had been recorded for me this wouldn't have been a concern, it's just they've used the wrong descriptors and it puts me at risk from this threat..
Whilst I would prefer not to have the bother now and just leave it, can I do anything if they just decide to change the benefit points system at some point in the future, or is it then too late?

Many thanks
RN

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7 years 8 months ago #164663 by Gordon

RN wrote: Thanks for info., that's great.
Can I just mention that a lot has been said about the concern that the Government will take out the use of aids and appliances descriptor, so these will then get nil points in the future.

If this does happen and your claim is full of incorrect aids/appliance choice descriptors, would you then be able to put in a claim as a change of circumstances or can you request a review at that later point?.

It is of note that if the correct points and descriptors had been recorded for me this wouldn't have been a concern, it's just they've used the wrong descriptors and it puts me at risk from this threat..
Whilst I would prefer not to have the bother now and just leave it, can I do anything if they just decide to change the benefit points system at some point in the future, or is it then too late?

Many thanks
RN


The Government abandoned their plans to do this earlier in the year.

Gordon

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

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