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DLA - PIP Upper Tribunal

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4 years 5 months ago #254069 by margaret Baker
DLA - PIP Upper Tribunal was created by margaret Baker
In 2003 I was awarded the higher mobility in DLA. I had this until my change from DLA to PIP in 2018 when I was awarded no mobility component at all. They have had copies of all my GP medical records, letters from hospitals etc etc. I went through all the stages, sent even more data icluding the letter of 2010 to say that the decision makers had decided that i would get DLA indefinitely. At the higher mobility rate.I appealed and had a telephone tribunal in July of this year. My appeal was turned down and i waited until Nov 12 to receive the reasons for the termination of the mobility part of PIP.
Basically, the judge had decided that the DWP had been "very generous" to me since 2003.. Well, there were 8 full A4 pages from her stating that I had obviously been lying but of course she wouldn't say that. She took no notice of the pain, combination of medical problems or how it would affect me. She also cherry picked quotes from the specialist letters to suit her obvious pre-formed decision
I am 67, I had to give my motorbility car up in July. I have left the house once since July for a blood test. There is only one taxi in the area to take me the mile to the surgery.
I have totally had to give up my hobby of geocaching which I had developed over the last 10 years to be able to do without walking more than a few steps from the car.
The car has also been a Godsend for me to spend time with my 2 daughters who have schizophrenia. My eldest daughter is also starting to have physical problems. She too is stuck in the house, rotting.
Has anyone on the forum:
Decided to go to the upper tribunal?
Have any suggestions as to who I can turn to for help? I thought the CAB was going to, but the woman that they'd arranged me to speak to, knew less about the law than me.

I need help, because mentally I can't cope anymore. I had to take 8mg diazepam before I rang the CAB in the first place. I need someone to ask me questions and hold my hand through this. Especially as my eldest daughter's mental state for the past 3 years has been very suicidal and has really meant each attempt. Both girls live in South Wales. I live in N.Yorkshire.
I put my bungalow on the market in September and hope to move to Swansea in about Feb 2021.

How the heck do I fill out a change in my mobility on the changes that affect my PIP form that I need to fill in when they already have this decision having been made at tribunal. Yes 2018. But no mobility at all?

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4 years 5 months ago #254073 by BIS
Replied by BIS on topic DLA - PIP Upper Tribunal
Hi Jura

I'm sorry you find yourself in this position and I'm afraid the outlook is not very positive. You can only apply to the Upper Tribunal if you are able to make a case that the panel made an error in the law when they refused your appeal. It can't be based on the fact you may disagree with the decision. This means if you are going to go forward you need a specialist benefits advisor or find specialist legal advice which may be costly.

Your age could also present a problem because the mobility part of PIP is not awarded to anyone over the age of 65 - where it is not already in place. So even if you do have a case and you win, I'm not sure whether you will be awarded it. (I know this happened to one of our other members recently).

Sorry, I can't offer you a more positive answer.

BIS

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

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