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DLA Award Expiring - PIP REFUSED! Please Help...

  • Vixxie
  • Topic Author
8 years 8 months ago - 8 years 8 months ago #139946 by Vixxie
Firstly - I am new to this forum and would like to say sorry if I should not be creating a new topic.

Please take a little time to read through this lengthy post and help if you can.

Medical History - Long term sufferer of anxiety and depression with lengthy bouts of agoraphobia and suicide attempts. Partial deafness and permanent damage to inner ear balance nerve resulting in labyrinthitis after up and down head movement.

Benefit History -

SSP then
Incapacity Benefit then
Transferred to ESA

Currently awarded long term ESA without having to attend support groups

DLA refused then
DLA awarded at tribunal (Low rate mobility - Middle rate care awarded) for 3 years then
DLA renewal included inner ear dysfunction (Middle rate mobility - High rate care awarded) for 3 years then
DLA due for renewal 22nd September 2015 invited to apply for PIP

*Requested for all previous DLA claims to be taken into consideration but told that it wasn't on their system - CAPITA interview held at home (on my own as none of my support network were available at the date and time it took place, out of date (by 3 years!) psychological report taken as evidence (PIP later stated that nothing should have been taken by CAPITA during the visit). Unable to obtain supporting letters due to time restraints and do not believe that they sought any current medical statements from specialist consultants before making their decision*

PIP award letter arrived today, many sections receiving 0 points with incorrect reasons for decision, NO AWARD given whatsoever!

4 Pts for Care, 0 Pts for Mobility

Daily Life

I use my DLA money to cover the personal costs of my own trusted support network who visit my home and help me daily as I do not want to burden the state further by providing me with social workers etc. I have the internet and both mobile and landline telephones so that I can contact members of my support network at any time (especially during the night with suicidal thoughts after horrific nightmares) and they can contact me if I am in a really bad space and have not communicated with anyone. I also have broadband internet connection so that I can communicate with friends around the globe (making use of world time zones) if I need someone at unsociable hours. Members of my support network often stay with me overnight. I need frequent prompting to take care of myself and take my medicine as I have no self worth whatsoever and can easily remain in bed hidden under the duvet for days on end. My medication is closely regulated by my support network to prevent further overdose. I cannot deal with people I do not know and trust which includes opening the front door to the postman/delivery people, and my supporters need to help me to deal with daily tasks such as responding to mail etc. I cannot even answer the phone if I do not recognise the number calling. I cannot go shopping on my own as I am unsteady on my feet (labyrinthitis), have frequent agoraphobia and am highly likely to suffer a huge panic attack. I cannot prepare a meal because the head movements cause 5 day periods of visual spinning. For the very same reason I am unable to do my own housework. I struggle to hear people on the phone if my damaged left ear is used and conversation where any background noise is present is extremely difficult. Careful planning has to be made if attempting an outing away from home (layout of buildings, escape routes, toilet locations, other people attending etc.) which is again something which I cannot do alone. Medical appointments are a nightmare to attend because I cannot sit in a waiting room full of strangers or get there by myself so yet again careful planning and telephone calls need to be made by a member of my support network. I cannot use public transport without having a panic attack but live rurally so there is a strong need for a car. It is my only form of independence even though I need someone trusted to be with me in the car whilst I drive and all doors must be locked as soon as possible. There are other more humiliating and personal things which occur as a result of my illnesses that I need care for but I think I have been frank and open enough for you to get the picture of my daily struggle so will leave it there.

Questions

How can I be reduced from HIGH rate CARE component DLA to absolutely nothing? Is it normal to be reduced from MIDDLE rate MOBILITY to absolutely nothing? Are they really going to force me through yet another emotionally draining and incredibly traumatic tribunal when, at the previous DLA tribunal, all three of the panel members apologised profusely for putting me through it all before overturning the initial refusal? It took me well over a year to pick myself up again after the last one and I really don't know if I can do it again in my current state.

Conclusion

To live on ESA alone (less than £50 per week even after reduction of current direct debits for utilities and insurances) will mean that I will lose everything: my essential means of communication; my only mode of transport and sense of independence; but most importantly, my entire support network!

I already feel suicidal and this post is a desperate cry for help from anyone in the know who can possibly help. I know that the world would be a better place without me being such a 'drain on society' and the government would likely be extremely grateful for any exit I made from life but my support network (one of whom is still sat next to me helping to write this post at almost 2am) are urging me to make one last ditch attempt to keep the money that I so desperately need in order to live any kind of life.

Finally, a huge thank you to anyone who has taken the time to read my post and profound thanks in anticipation of anyone's help! Please, please, PLEASE help if you can.

Desperately yours,

Vix (& Lou)
Last edit: 8 years 8 months ago by bro58.

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  • Vixxie
  • Topic Author
8 years 8 months ago - 8 years 8 months ago #139947 by Vixxie
I've just received my PIP award letter and have gone from High rate care and Middle rate mobility on DLA to being rewarded absolutely NOTHING!!!!!

I wrote a lengthy post asking for help and clicked 'post' just as I saw the PIP Self Assessment Test.

I don't know whether I did the right thing in taking it but the scores I got have shocked me!!!!!

PIP awarded 4pts for Care and 0pts for Mobility
Self Assessment awarded 22pts for Care and 12pts for Mobility!!!!!

How can there be such a difference in points when I answered the questions honestly and exactly as I have done with previous DLA claims?

Can I ask to see a copy of the report that CAPITA made during their home visit? Is there any way of getting copies of any medical evidence that they sought and used?

At gone 2am I'd better go and let my support network member go to bed now but doubt I'll be able to sleep after this.......my head is spinning out of control!

Has anyone else done the same test and received such shocking differences?

Oooops, goodnight x
Last edit: 8 years 8 months ago by bro58.

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  • Vixxie
  • Topic Author
8 years 8 months ago #139980 by Vixxie
Apologies, it was early hours when I posted and of course I know there is no middle rate of mobility with DLA :blush:

I am currently on DLA High rate care and Low rate mobility until the 22nd September.......and then there will be nothing :unsure:

Vix (& Jen)

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  • bro58
8 years 8 months ago - 8 years 8 months ago #139982 by bro58
Hi V,

Welcome to Benefits and Work :)


I am afraid that although your medical and other "Benefit" history may have some bearing on a current PIP Decision, it is how your limitations/disabilities caused as a result of you medical conditions at the the time of The PIP Assessment that may or may not result in you being awarded PIP.

"Questions

How can I be reduced from HIGH rate CARE component DLA to absolutely nothing?


I am afraid that this is not a rare occurance, DLA and PIP have totally different qualifying criteria. (DLA Assessments were not Points Based, PIP is)

For HR Care DLA, you must reasonably require care throughout the day and the night.

PIP Daily Living (DL) Awards are either "Standard or Enhanced" and are only given if you can score the requisite number of points (8 for Standard, 12 for Enhanced) by fulfilling the appropriate Descriptor/s under the appropriate DL Activity.

"Is it normal to be reduced from MIDDLE rate MOBILITY to absolutely nothing?"


The PIP "Mobility" Component can be much harder to qualify under than that of DLA, and again it is a totally different "Test" to that of DLA.

"Are they really going to force me through yet another emotionally draining and incredibly traumatic tribunal when, at the previous DLA tribunal, all three of the panel members apologised profusely for putting me through it all before overturning the initial refusal? "


If you want to challenge this decision, the only way that you can do so is by making a written request for a Mandatory Reconsideration (MR) within one month of the date of the adverse PIP Decision Notice letter :

Sending Documents to the DWP, ATOS, Capita or Maximus.

If your MR Request is unsuccessful, you can then move on to appeal to The Tribunal Service.

See the following :

PIP MR/Appeals :

"Guide to PIP appeals" on This Page

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You could also ring PIP and request a copy of The PA4 Medical Report that The PIP Assessor compiled in your assessment.

The fact that you have not gained a PIP award should not alter your ESA award adversely.

PIP assesses your limitations with respect to Daily Living and Mobility, ESA assesses your capability for work.

Again, totally different tests.

From your other post :

"PIP awarded 4pts for Care and 0pts for Mobility
Self Assessment awarded 22pts for Care and 12pts for Mobility!!!!!

How can there be such a difference in points when I answered the questions honestly and exactly as I have done with previous DLA claims?"


Our : PIP Self Test is a guide to what potential entitlement you may have for PIP and to try and help you identify which of The PIP Activities/Descriptors you may score points under.

Even if you provide honest and accurate information it is at The PIP Assessors discretion on what recommendations they make, and then up to The DWP PIP Decision Maker (Case Manager) on whether they agree with the recommendation or not, when they make the final decision.

"Can I ask to see a copy of the report that CAPITA made during their home visit? Is there any way of getting copies of any medical evidence that they sought and used?"



Yes, you can request a copy of The PA4 PIP Medical Report compiled by the Capita Assessor by ringing the PIP Helpline :

Telephone: 0345 850 3322

Textphone: 0345 601 6677

Monday to Friday, 8am to 6pm


Besides reading through our PIP MR/Appeals Guidance, it is apparent that you did not use our guides when filling in your PIP Forms so it may help to read through our : PIP Claims Guide. (2nd Link on page)

If you wish to try and gain professional advice potential sources can be found below :

Where to get advice

Or you can do a search by putting Welfare Rights/Advice for your Town/Postcode into Google.

Finally, can you please try and keep any future posts to a shorter format, long posts only make it harder for the Mods to sift out the actual queries, which means that they may miss a question.

It might help you to understand how the forum operates if you read through these topics :

Here and Here.

You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to it easily.

Hope this helps ! :)

bro58
Last edit: 8 years 8 months ago by bro58.

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More
8 years 8 months ago #139993 by slugsta
DWP admit that the reason for the switch to PIP is to cut money from the benefits bill so it is clear that some people who qualified for DLA will find that they do not get PIP :(

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

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  • bro58
8 years 8 months ago #139997 by bro58

Mrs Hurtyback wrote: DWP admit that the reason for the switch to PIP is to cut money from the benefits bill so it is clear that some people who qualified for DLA will find that they do not get PIP :(


Yes MHB,

They forecast a 20% reduction in the Benefits expenditure due to DLA to PIP transfers !! :(

bro58

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