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PIP CLAIMANT worried you should be!

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8 years 10 months ago - 8 years 10 months ago #135990 by algy193
PIP CLAIMANT worried you should be! was created by algy193
Candice has been awarded Standard rate PIP Daily Living Component @£55.10 from June 24th. She was on DLA Higher rate before for the last 15 years. Candice has MS and her condition has and is worsening " a lot of medical complications " Points = 9

Candice was awarded 12 Points for Mobility Component which is great, She can keep her Mobility Car which without like many would be house bound.
Higher rate £57.45

Candice put an appeal in which by the way is over the fone to ask for the Daily Living Component reviewed ..Want to hazard a guess at this point
Well I shall tell you all
Candice has had a letter telling her she will now loose the Car her 12 points are now 10. Lower rate £21.80 Can someone Explain this, can she now walk 20 meters, is it a Miracle. This is what happend today poor girls in tears and I dread a relapse. Can anyone in the know Please Please help. THIS IS SO VERY WRONG Wednesday 24th June 2015 4.43pm
Last edit: 8 years 10 months ago by slugsta.

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8 years 10 months ago #135995 by slugsta
Replied by slugsta on topic PIP CLAIMANT worried you should be!
Hi AL and Welcome to Benefits and Work

Oh dear, I'm afraid I don't have any good news for you :(

I assume that Candice actually requested a Mandatory Reconsideration by DWP rather than a tribunal appeal? If this is the case she can now submit a formal appeal to the Tribunal Service. See our PIP guide for details of how best to go about this.

PIP help for claimants

Unfortunately, there will be no payment of PIP until and unless a Tribunal finds in her favour and it is unlikely that she will get to keep her car. She can try contacting Motability and plead her case but, from what I have heard, the chances are not high. However, one slight glimmer of hope is that, if she has been a long-term Motability customer, there should be a small payment to help soften the blow and buy a second-hand vehicle.

Alongside an appeal, Candice can also reapply for PIP immediately. The one fly in the ointment is that the decision on the new claim would supercede the Tribunal decision so, for example, if the Tribunal awarded enhanced payments of mobility and care PIP and the new decision awarded nothing, payments would stop again. Of course, the new decision could also be appealed ...

Some people in this position feel that their MP should be made aware of how the system is working

Contacting your MP

If/when you have more questions, please reply to this message and we will do our best to help. :)

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

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8 years 10 months ago #136087 by algy193
Replied by algy193 on topic PIP CLAIMANT worried you should be!
Thank you for your reply. It seems Candice Should have not Challenge the PIP decision and her car would have been safe. now she is to be Punished and be house bound even though Four letters from Specialist Medical People were sent with the PIP claim form Hence the 12 points as with DLA that was indefinite. (Mobility Component)
Multiple Sclerosis MS, Chronic obstructive pulmonary disease (COPD), Diabetes count for nothing so it seems No way can this Lady walk 20 meters But someone looking at a Computer Screen thinks she can So they have over ruled the 20 Metre mark and that is allowed is it.
Legal representation is needed I would say as what is being allowed surely can not be Correct and the ordinary person unless there are a Barrister can not represent them selves on this level I would say. This Gentleman or Lady is to phone with in five days to explain there new decision. I have my opinion about this and will see if I am right after the conversation! Where could one find out about Human Rights in Law regarding what is and is not allowed where by people are heading for relapses due to Stress and Anxiety so Blatantly being done and no one doing anything about it in the higher ranks.
Kindest regards

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8 years 10 months ago #136102 by Gordon
Replied by Gordon on topic PIP CLAIMANT worried you should be!
AL

What has happened is that a second Decision Maker, having looked at all of the evidence again has decide that Candice can reliably and for the majority of days walk more than 20m.

As Mrs H posted, the way forward from this is her to appeal the Decision, have a look at our PIP Appeal guide for more details

www.benefitsandwork.co.uk/help-for-claimants/pip

The vast majority of appeals are made by the claimant without assistance, indeed there is actually little assistance available for First Tier Tribunals after Legal Aid was removed.

If she chooses to use a solicitor she should ensure that they have a background in benefit law and a proven track record in Social Security appeals. She might also want to see if she can get the assistance of a qualified benefit advisor, do an internet search for "welfare advice" with her postcode, town or county.

I am afraid that Human Rights law does not apply in this situation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta

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8 years 10 months ago #136158 by algy193
Replied by algy193 on topic PIP CLAIMANT worried you should be!
Thank you Gordon it seems that the 12 point being reduced to 10 i.e. loss of car was due to the reassessment officer saying the first one was to lenient
All because Candice appealed the Daily Living Component So it was a Punishment in reality that's how I see it and they didn't have the decency to phone as they are supposed to Poor girls in a terrible state how she is supposed to get to hospital appointments and on going procedures is beyond me. This Could be the last straw a person can only take so much and with the amount of heath issues this poor Lady has it show the system to be a very bad one Will be getting in touch with MP have spoken to her secretary and they have requested the all the Medical reports etc. to be forwarded But unless the MP has weight and influence the car will be taken with in two weeks ..All because of an appeal
I feel so sorry for all the People who will be pushed over the edge its terrible .
Thank you Again Gordon, I am at a loss But must be positive as this is a real wrong doing

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8 years 10 months ago #136176 by Gordon
Replied by Gordon on topic PIP CLAIMANT worried you should be!
AL

I would not expect too much from your MP, whilst they can be extremely valuable in expediting activities and unblocking delays, they have no authority to interfere in the legal process, so they cannot have any effect on the Decision and I would be surprised if they can prevent Candice's car having to be returned.

Gordon

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