My occupation renders me not disabled enough to achiever a higher PIP award

[Darandio]

My father-in-law got his decision through the post today, nil points. He suffers from rheumatoid arthritis and has a history of mental health issues which have been exacerbated both by this disease and the death of his wife at 52, it was actually the anniversary of her death on the week of the assessment and he wasn't in a good place. His mobility is becoming increasingly affected and has had to change many things he considered normal, slip on shoes as an example because he cannot tie laces, playing guitar was his release and he cannot do that now. Basically anything using his hands is now a real issue and he has developed a noticeable limp as there are issues with both his feet and upper spine.

All medical evidence was obviously available to the assessor but apparently she didn't touch on it during the interview, nor did she touch on anything about his mental state. The decision letter also notes his ability to bring a carrier bag to the assessment, it was a carrier bag that contained the documentation and identification items they had required of him for the day and he had used a carrier bag because it was raining. They seem to have used that as part of the decision.

 

[ainsworth74]

Actually, you confirm exactly what I said, that DLA is only open to new child applicants (under 16 I believe), so being awarded that higher rate would make you eligible for Motability, which I'm delighted is still continuing for this group at least.

Yes, however PIP and AFIP both remain available to those that meet the qualifying criteria and both can lead to entitlement to the Motability scheme so your statement that "Motability is forever closed to new entrants" is fundamentally wrong. However it looks like what you actually meant is:

There is no way that anyone over pension age can now apply for Motability, even someone on the higher Attendance Allowance rate.

Which is correct (assuming that they did not claim PIP or have an old DLA claim including the High Rate of Mobility from before they reached pension age) however this has always been the case stretching back through to, I think, at least the early 1990s if not potentially before hand.

Of course, higher rate of DLA also make one eligible for a blue badge, although, on a personal level, mine came through incredibly quickly, but then that doesn't involve any money from government coffers, if you'll excuse my cynicism.

Well, Blue Badge's are administered by local authorities so it depends on the efficency of your local authority as to how quickly it comes through!

 

[ainsworth74]

My father-in-law got his decision through the post today, nil points.

Usual advice applies, challenge the decision and seek advice from a local agency if you need it!

All medical evidence was obviously available to the assessor but apparently she didn't touch on it during the interview, nor did she touch on anything about his mental state. The decision letter also notes his ability to bring a carrier bag to the assessment, it was a carrier bag that contained the documentation and identification items they had required of him for the day and he had used a carrier bag because it was raining. They seem to have used that as part of the decision.

Oh the carrier bag thing? I've not seen them trot that one out for a little while but yes that will have formed a key part of their "evidence" base for denying the claim. During the appeal process you will eventually be sent a copy of the medical report compiled I would imagine that that carrier bag will feature in multiple different places as justification for refusing points. His mental state will probably be referred to as "showed good rapport, adequate memory and concentration, did not seem withdrawn and coped with the assessment". Those are all usual stock phrases even if the person in question broke down in tears halfway through.

Medical evidence is usually ignored or, at best, brushed aside in the terms that myself and @Arctic Troll mentioned.

Don't be down heartened (as hard as that might be and I appreciate it that it is hard) and fight back.

 

[Darandio]

Don't be down heartened (as hard as that might be and I appreciate it that it is hard) and fight back.

He (we) certainly will be.

 

[ainsworth74]

A: the present system of ignoring people’s evidence, then ignoring it again before having the decision overturned must cost a fortune in wasted time of DWP employees.

Absolutely! It was reported last year that the DWP spent £108.1m from October 2015 through to early 2018 on direct staffing costs for PIP and ESA challenges (including Mandatory Reconsideration, internal reviews and appeals). £108m!!

On top of that the Ministry of Justice (who administer the Tribunals service) spent £103m on social security and child support tribunals in 2016-17.

Source

Meanwhile PIP was supposed to save the Government around £1.5bn per year compared to continuing with DLA but instead has been costing around £1.5bn more per year than carrying on with the old system!

Source

We have a system now which inflicts untold misery on people, including the most vulnerable people in society, and they haven't even managed to save money whilst often literally killing people* as a result of these reforms. No they're inflicting pain, suffering and death and costing the taxpayer even more money to do it.

*

The family of a man who spent the last 18 months of his life fighting a decision that he was fit to work have won his case – seven months after he died.

Jeff Hayward, from Clitheroe, Lancashire, was 52 when he died of a heart attack in June last year, two weeks before he was due to go to a disability benefit appeal tribunal.

 

[Busaholic]

Perhaps a suitable juncture to mention a few things about the architect of these reforms, Iain Duncan Smith, in case anyone's unaware of them. He lives in a house on his father-in-law Baron Cottesloe's estate in Buckinghamshire. For a scourge of public money being paid to scroungers, it must have been an embarassment when the journalist Michael Crick, scourge of Jeffrey Archer, turned his attention to the new leader of the Conservative Party, IDS , in what became known as 'Betsygate', after his wife's nickname. She was receiving some tens of thousands of public money for 'work' done on his behalf, but Crick had been approached by several of the staff who did such work (at a much lower rate) who said that, as far as they were concerned, she'd never appeared at the workplace(s) let alone lifted a hand to help, all denied by IDS of course. However, no further claims were submitted , nor money repaid. So, no mortgage or rent to pay for all their years together, living in a rather nice house in one of the most expensive parts of the country. Just the person for the Tories to choose for undertaking welfare reforms in order to bring down the bills. 'Don't do as I do, do as I say'

 

[Tetchytyke]

Perhaps a suitable juncture to mention a few things about the architect of these reforms, Iain Duncan Smith, in case anyone's unaware of them.

I think him claiming a £49 breakfast on expenses whilst expecting poor young people to live on £57 a week says everything about IDS.

I've not seen them trot that one out for a little while but yes that will have formed a key part of their "evidence" base for denying the claim.

Interesting to see they've gone back to that old chestnut. I thought we'd seen the back of the DWP being nasty enough to effectively claim that, by being organised enough to attend the assessment, you're not eligible for the benefit.

 

[Tetchytyke]

She will now get Standsrd Rate Daily Lubing & Mobility backdated to April.

Congratulations!

Don't forget you can get a 50% discount on car tax with the standard rate mobility.

 

[SteveP29]

My father-in-law got his decision through the post today, nil points. He suffers from rheumatoid arthritis and has a history of mental health issues which have been exacerbated both by this disease and the death of his wife at 52, it was actually the anniversary of her death on the week of the assessment and he wasn't in a good place. His mobility is becoming increasingly affected and has had to change many things he considered normal, slip on shoes as an example because he cannot tie laces, playing guitar was his release and he cannot do that now. Basically anything using his hands is now a real issue and he has developed a noticeable limp as there are issues with both his feet and upper spine.

All medical evidence was obviously available to the assessor but apparently she didn't touch on it during the interview, nor did she touch on anything about his mental state. The decision letter also notes his ability to bring a carrier bag to the assessment, it was a carrier bag that contained the documentation and identification items they had required of him for the day and he had used a carrier bag because it was raining. They seem to have used that as part of the decision.

As myself and several others have said, appeal, appeal and appeal. Take it as far as you need to.
NBC, I see from a further post you are, good!

Absolutely! It was reported last year that the DWP spent £108.1m from October 2015 through to early 2018 on direct staffing costs for PIP and ESA challenges (including Mandatory Reconsideration, internal reviews and appeals). £108m!!

On top of that the Ministry of Justice (who administer the Tribunals service) spent £103m on social security and child support tribunals in 2016-17.

Source

Meanwhile PIP was supposed to save the Government around £1.5bn per year compared to continuing with DLA but instead has been costing around £1.5bn more per year than carrying on with the old system!

Source

We have a system now which inflicts untold misery on people, including the most vulnerable people in society, and they haven't even managed to save money whilst often literally killing people* as a result of these reforms. No they're inflicting pain, suffering and death and costing the taxpayer even more money to do it.

*

It'd be easier and less expensive just to give them the benefit.

Perhaps a suitable juncture to mention a few things about the architect of these reforms, Iain Duncan Smith, in case anyone's unaware of them. He lives in a house on his father-in-law Baron Cottesloe's estate in Buckinghamshire. For a scourge of public money being paid to scroungers, it must have been an embarassment when the journalist Michael Crick, scourge of Jeffrey Archer, turned his attention to the new leader of the Conservative Party, IDS , in what became known as 'Betsygate', after his wife's nickname. She was receiving some tens of thousands of public money for 'work' done on his behalf, but Crick had been approached by several of the staff who did such work (at a much lower rate) who said that, as far as they were concerned, she'd never appeared at the workplace(s) let alone lifted a hand to help, all denied by IDS of course. However, no further claims were submitted , nor money repaid. So, no mortgage or rent to pay for all their years together, living in a rather nice house in one of the most expensive parts of the country. Just the person for the Tories to choose for undertaking welfare reforms in order to bring down the bills. 'Don't do as I do, do as I say'

And he picked his nose and ate it, as if he wasnt already far enough into the trough with his snout!

Congratulations!

Don't forget you can get a 50% discount on car tax with the standard rate mobility.

Unfortunately neither of us drive, I can't afford to and her ADHD/ FND prevents her.
She does qualify for a disabled railcard and a free Scottish bus pass that enables her and a companion to travel free all over Scotland on service buses

 

[Bayum]

In all my years in the sector, I can count on one hand the number of MRs I've won. Appeals, on the other hand...

I’ve sent you a message.

 

[Busaholic]

But there are no new entrants to DLA, excepting children whose eligibility for Motability might not be looked upon favourably! Actually, I know of one woman in her late 60s, badly injured in a car crash a couple of decades ago, who has just been informed she will lose her Motability car shortly.

I've applied for Attendance Allowance, but I'm pretty sure I won't get the higher rate, which was the aim of the wretched IDS in applying these 'reforms.' I'm not prepared to grovel or exaggerate my condition, in fact my natural predisposition is to make personal light of things, which doubtless didn't help me in the making of my diagnosis.

Got to say, encouraged nay demanded by my lovely MS nurse, I applied for a blue badge, which arrived within a fortnight, and had actually been issued a week before I received it. But, of course, a blue badge produces more or less no direct financial benefit these days for the vast majority of holders!

A fortnight after my wife had a kidney removed, and a week before our 50th wedding anniversary, I heard from the DWP that I'd been given the allowance at the higher rate: what's more, by the time I'd received the letter the money was in my account, backdated two months, so result! I'm glad I told no untruths in getting it, even the couple of 'worst case scenarios' I included have actually happened to me in the intervening period.

Thank you to those who offered advice - I used to be a Housing Advisor, and knew quite a lot about the private rented sector and the law - even took part in a phone-in on LBC radio in days when it was new, confined to London, and didn't allow people like Trump, Farage and Jacob Rees=Mogg to sully its airwaves, have never been great at accepting advice, but I appreciate it nevertheless.

So, message from me is, if you're genuine and consider you should be entitled to financial support, persevere and good luck!