DLA/PIP queries

Dan wrote: For many years I have suffered from Grade IV osteoarthritis in both knees, but in April 2012 was refused ESA - even though I had previously been awarded Lower Rate DLA Care until June 2014. I have appealed against this decision and am told this "should be heard within the next six weeks" (but I'm not holding my breath).

Up until now my consultant has been reluctant - because I am only 37 - to carry out a total knee replacement, but I am now on the waiting list for both so am going to apply for Mobility Allowance.

I am not sure whether I should

a) wait to apply until my appeal against refusal of ESA has been heard

b) whether I should be applying under DLA or PIP for Mobility Allowance

Any advice would be appreciated.

Only you can make the decision on what to do with your claim.

Some information;

Requesting the DWP look at your DLA for Mobility will count as a Change of Circumstances.

If you apply for DLA you must have had the mobility problems for 3 months and expect them to last a further 6 months, although you can request that the Care component is not reviewed, the DWP can look at both if they feel it is required.

If you make the request after October, then it is likely that this will result in a transfer to PIP.

Both the Care and Mobility components will be reviewed and you will need to show that you have had mobility issues for 3 months and are likely to have them for a further 9 months.

The current view is that the Enhanced rate of Mobility for PIP is much tougher to get than the equivalent for DLA.

It is possible for the Standard rate of PIP Mobility to be awarded where the Lower rate for DLA would not, as the DLA requirement is related to mental health issues not physical ones.

Have a look at our claim guides for more information.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

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

I hope this helps

Gordon