Hi. I had received higher rate care and mobility on DLA but have been moved to PIP and my payments reduced to standard care and higher mobility. I have asked for a mandatory consideration which upheld the decision.
I find it so confusing. I have appeal forms but don’t know where to start. i don’t understand why I was downgraded for care, I don’t know how to argue it as the descriptors are different for PIP so I’m not comparing like with like. Presumably they think I am less disabled now than when I was assessed for dla, but they haven’t said how so I can’t begin to argue it.
I have signed up to fightback4justice and will appeal. But I want someone to help me understand what I am appealing if you see what I mean.
Has anyone experienced this who has any advice please.
thank you Carole. Hearing tales such as yours does cheer me. I’ve felt so down since the decision and have stuck my head in the sand about it, but the loss of money is becoming a real problem.
This has happened to lots of ppl, not only with MS, but with other disabilities as well. I’d echo Carole’s words - get help from MS Society or CAB and fight it.
I agree with the others, get some help with the appeal if you possibly can. And if you can’t, or anyway, consider joining https://www.benefitsandwork.co.uk/ They charge about £20 per year but it’s worth it, their members only guides are excellent.
And it’s worth reading up on the descriptors and the points you need to figure out how different it is from DLA. They’re not saying you’re less disabled, just that you don’t fit the descriptors that give you the points for the enhanced rate for Care.
The other thing to do is look at the evidence you supplied with your claim and reconsideration. Whatever you say which should enable you to have enough points for the enhanced rate should be supported by evidence. This can be a care assessment, letters from your MS nurse, physiotherapist, neurologist, carer(s), anyone who can support what you’re claiming.
Get proper help and advise from one of the groups mentioned and fight it if they agree you should.
Don’t be scared to go to tribunal if needed but there is a backlog so will be a long wait probably.I along with initially the CAB helped my wife with winning a tribunal for ESA but took about a year to come round! We were really nervous and stressed by it as we prepared but the experience on the actual day at hearing really was relaxed and friendly.
We had to do a review of my wife’s PIP over the weekend, even just filling in the forms is horrible as it forces you into thinking about all your problems and a really negative mind frame. It was pretty horrific and really made me feel down, giving it so much thought rather than just getting on with things as best we can,10 times worse for her! I have filed it now but i had the guide printed off from benefits and work,it showed the descriptors and if you just look at the basic points maybe you can do some of those things? but you also have to look at the guidance which i think amongst other things basically says you need to be able to do these tasks “reliably,repeatedly and safely”. So if for example you could shower yourself maybe thats zero points but if the heat or water or whatever means that after showering it is common for you to collapse and fall over very quickly afterwards i would think it fair to say that’s not really a safe,so you should be considered to not be able to shower yourself. This is off the top of my head and my unqualified opinion but that is my understanding of it,but like i say get proper advise or read up yourself.
Sadly the government are pretty determined to attack easy targets like the disabled, what a lot of people don’t know yet is that the change from DLA to PIP allows local councils to charge for care that they couldn’t before when it was DLA.My stepdaughter who has CP is losing over 70 quid a week to pay towards her care package.
Good luck and don’t let them get you down too much!
yes they have moved the goalposts! our caring government! not! i repeat what i wrote earlier, fight hard and long! you are entitled to this benefit. go and be a warrior!
We have had marvellous help and advice from a lady from citizens advice…(in Warwickshire). Reach Out and Help caseworker. She has filled in the application for my OH for attendance allowance…and is now doing my DLA which l have not been reassessed for over 20 yrs. As l am over 64 l stay DLA…l get high rate mobility and low personal care. Things have changed drastically since first assessment and l have never chased them up. She rang DWP and got them to forward me an application and is coming next week to fill it in with me. We found that we also should have been claiming carers allowance for years of looking after my mother…who has just gone into a care home. I don’t know how long the ‘Reach Out and Help’ scheme has been operational, but it certainly is a turnaround. They come to you…