I've been awarded medium care and low mobility but thought I would of getting high mobility, do you know if it's worth appealing against the decision or could I lose what I've already been awarded .
Hello deborah,
I'm probably not the best one to reply to your question as I've only just had my assessment, but I have decided that if my outcome is not as I feel it should be then I will appeal. Having said that, I think a request to re-assess should come firts and this is where my colleagues on this site will be better informed to reply to you.
Oh thanks for you views
I was awarded both standard for PIP, in May 2016, at Tribunal, at the assessment I did not score any points. This award is only for 2 years and then I will have to reapply again!
Hi deborah. appealing any decision will always put at risk the original decision. th reason being a second decision is made by a different decision maker not hte one who awarded you in the first place. so if the second DM doesn't agree with the original one then they could take away the award you got in the first place. i was awarded pip standard rate for both living and mobility and i also thought i should have got higer rate for mobility. but i didn't challenge it as i too was only awarded for 2 years so i thought come my review in 2017 i will try for the higer rate then rather than risk losing a 2 year award now..
But of course appealing is your choice and your right.
Good luck with whatever you decide.
x
Oh thanks Gill that's what I was frightened of , my award is for 5 year for my son so I think I'll not take the chance as I don't want to lose what I've getting , xx
Hi Deborah what is your son's condition?
Completely fair enough. x
There is a negative side to accepting a lower rate than what you believe you should have.
If you were asked by a judge/decison maker, assuming your re-assessment goes against you, how would you explain that you expect a higher award second time round for similar difficulties bearing in mind that you agreed that the current decision is the right one (because you didn't challenge it)?
well for me at the time i was still fairly mobile but struggling and i knew within the space of a few months i would be using a mobility scoter full time, but because at the time i wasn't yet using one i was only granted standard rate.. so there wasn't much point in me arguing it.. where as now i'm using one full time come my next review i feel i should get higher rate mobility..
but as we all know what we think and what they think are 2 different things. so we'll just have to see.
There is something in what you say there Les.
I wonder what percentage of applicant decide to go to tribunal and how much each tribunal costs? I imagine those who were on higher rates for previous dla would be more likely to disappointed with a lower pip award. I am currently still waiting to hear of my reward and i must admit, i just hope and pray i get what i am entitled to because the thought of going to tribunal scares me. The application has been stressful enough!
I agree with you TCake, I will be happy if I get what I was getting on DLA, but if it's lower then I think I may take it further, but as you say, the journey so far has been stressful enough, without a Tribunal to look forward to.
Yes - at least if we are awarded lower pip then we can bring this up at a tribunal. My health has deteriorated since I applied for dla so I know I am entitled to at least similar, if not higher pip!
Even if you use a mobility scooter you are not guaranteed Enhanced PIP mobility rate. It still depends on whether you can walk 20m safely and repeatidly. Also some Tribunals consider mobility scooters as 'aids' which can propel the claimant more than 20m provided they can get off and on the scooter safely.
He has ADHD anthony
To be fair you could be completey imobile and they would still turn you down, there are never any guarantee with the DWP.
It is conceivable that those on the highest rates of DLA could well find that they aren't awarded anything for PIP even if you take it to the appeal Tribunal.
Why? Because DLA and PIP assess need in a totally different way. There is absolutely no comparison between either one.
Take mobility as a single point - to get DLA the distance was approx 50 metres to get High Mobility - for PIP it is 20 metres to get the equivalent Enhanced rate.
Then with DLA - it was the general overall picture that counted, with PIP you have to fit narrow descriptors.
My health and care/mobility needs are considerable. Some, one in particular is life threatening. Yet for me, the descriptors of PIP and the relevant points do not fit my needs and limited capabilities.
To be honest there have already been major arguments amongst some sectors that accepted conditions and disabilities will not get a PIP award. Some severe mental illnesses, Parkinsons, strokes etc simply do not fit what the government deem are accepted needs.
The problem you will face Deborah is linking ADHD to mobility. Unless there is another contributing condition it is unlikely (using the balance of probabilities) that your son's mobility will be restricted to 50-100m without pain/breathlessness/fatigue.
Middle Daily Living would be a natural fit but unless there is a severe bi-product such as depression/epilepsy then it is hard to see how you could be successful with an appeal.
Mind you I don’t know your son’s full history so the final call is obviously yours.