Cable Forum - Worrying news for ESA claimants converting from DLA to PIP.

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Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by pip08456 (Post 35887119)

Wish me luck, I'm representing a friend at a PIP appeal hearing today as his support has backed out with a "supposed" hospital appointment.

I only got the paperwork last night, hearing today at 10am.

I'll let you know the outcome later.

Good luck pip on your friends appeal fingers crossed all goes well.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by nomadking (Post 35887156)

They are meant to take a neutral stance, and be prepared to comment on both sides of any argument. The same is meant to apply to the DWP decision maker creating the final DWP response to the Tribunal.

Reading posts about recent tribunals where P.O.'s have been deployed make me. and most of the other readers, shudder in disgust. Neutral? Not a bit of it....:mad:

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by Taf (Post 35887175)

Reading posts about recent tribunals where P.O.'s have been deployed make me. and most of the other readers, shudder in disgust. Neutral? Not a bit of it....:mad:

You can highlighting matters of law and still be neutral. They are only there for legal matters and nothing else specific to the case. At least if it's done at a tribunal hearing you have the opportunity to challenge it at that time.

It is afterwards in the Tribunals Statement of Reasons when matters of law and other matters are raised for the first time, that are really annoying.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by weenie (Post 35887172)

Good luck pip on your friends appeal fingers crossed all goes well.

Thanks weenie, done, dusted, case won.
Went easy as it happens,
Good result for him.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Excellent pip, I think I may have been one of the lucky one's as I have never claimed DLA but claimed PIP and was dreading it tbh but within two weeks of my medical which was a home visit I got a decision which was more than I claimed for and I was awarded standard rate on both parts.

I'm really pleased for your friend pip and well done to you for representing them.

Re: Worrying news for ESA claimants converting from DLA to PIP.

They are moving the goalposts again... as tribunals are going against them I suspect...

https://www.gov.uk/government/news/c...nt-regulations

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by pip08456 (Post 35887196)

Thanks weenie, done, dusted, case won.
Went easy as it happens,
Good result for him.

Gawd, another mouth to feed.

I AM JOKING!

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by Taf (Post 35887225)

They are moving the goalposts again... as tribunals are going against them I suspect...

https://www.gov.uk/government/news/c...nt-regulations

first Tier Tribunals have no binding authority in the first place.

Quote:

Recent legal judgments have interpreted the assessment criteria for PIP in ways that are different to what was originally intended. The government is now making amendments to clarify the criteria, to restore the original aim of the policy and ensure support goes to those most in need.

Quote:

In order to make sure the initial purpose of PIP is maintained, we are making drafting amendments to the criteria which provide greater clarity. This will not result in any claimants seeing a reduction in the amount of PIP previously awarded by DWP.

Basically until now, virtually all decisions went the intended way and nothing would change for them.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

The DWP have today made a new PIP Regulation which undoes the recent Upper Tribunal decision about anxiety preventing people from being able to follow the route of a journey. The Regulation will apply from 16 March 2017.

To remind you, the Upper Tribunal recently said that people *could* earn points under Mobility Descriptor 1 for not being able to follow the route of a journey because they experienced acute anxiety or distress. The new Regulation says that people can only earn points under PIP Mobility Descriptor 1 (c), (d) or (f) for reasons *other than* psychological distress. The term psychological distress covers all mental health conditions - even the most serious.

The Regulation has the force of law and its phrasing makes it almost impossible for the Upper Tribunal to change its meaning.

PIP Mobility Descriptor 1 (c) says that people who cannot plan the route of a journey can earn 8 points, or standard mobility. The new law makes it impossible for people to earn points for not being able to plan the route of a journey because they have a mental health condition, are anxious or psychologically distressed. The only reasons which will be acceptable for earning PIP points will be cognitive or thinking loss caused by brain conditions like dementia, brain damage or disease, learning disability, or sensory loss such as blindness or deafness.

PIP Mobility Descriptor 1 (d) says that people who cannot follow the route of an unfamiliar journey without another person, assistance dog, or aid, can earn 10 points, or standard mobility. The new law makes it impossible for people to earn points for not being able to follow the route of an unfamiliar journey because they have a mental health condition, are anxious or psychologically distressed. The only reasons which will be acceptable for earning PIP points will be cognitive or thinking loss caused by brain conditions like dementia, brain damage or disease, learning disability, or sensory loss such as blindness or deafness.

PIP Mobility Descriptor 1 (d) says that people who cannot follow the route of an familiar journey without another person, assistance dog, or aid, can earn 12 points, or enhanced mobility. The new law makes it impossible for people to earn points for not being able to follow the route of an familiar journey because they have a mental health condition, are anxious or psychologically distressed. The only reasons which will be acceptable for earning PIP points will be cognitive or thinking loss caused by brain conditions like dementia, brain damage or disease, learning disability, or sensory loss such as blindness or deafness.

WHAT DOES THIS MEAN FOR ME?
The new Regulation means that people with mental health conditions, even very severe mental health conditions, will only be able to claim 4 points under PIP Mobility Descriptor 1 (b) for needing prompting to go out, or 10 points under PIP Mobility Descriptor 1 (e) if they are completely unable to go out at all. This means that people with mental health conditions will never be able to claim PIP enhanced mobility unless they also have a physical problem which limits the distance they can stand and walk, so that they also earn points under PIP Mobility Descriptor 2.

The Government have said that they never intended that people with mental health conditions should receive points under these descriptors and that changing the law back will save £3.7 billion pounds over the next 5 years

Re: Worrying news for ESA claimants converting from DLA to PIP.

I still await my letter with dread. I know people at my dialysis group who are blind like me and do dialysis three times a week and got no where.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by nomadking (Post 35887234)

Basically until now, virtually all decisions went the intended way and nothing would change for them.

Until their next review, which can be called at any time, even if the end date is years away.

Then they get you with the new rules. :mad:

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by dilli-theclaw (Post 35887335)

I still await my letter with dread. I know people at my dialysis group who are blind like me and do dialysis three times a week and got no where.

Well l can only go by me own current ongoing experiences as its not a pleasant process going through it dilli.

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by Taf (Post 35887340)

Until their next review, which can be called at any time, even if the end date is years away.

Then they get you with the new rules. :mad:

Nothing new, just clarification of what had already been applied. There had previously been 2 other Upper Tribunal decisions, each having opposing views. That was an obvious conflict. There was meant to be a difference between somebody who has the cognitive ability and somebody who doesn't. Should being depressed be treated the same as being blind?

They have to have reasons for supersession of an existing award. The change from DLA to PIP is one such reason.

Re: Worrying news for ESA claimants converting from DLA to PIP.

http://www.bbc.co.uk/news/uk-39088847

---------- Post added at 13:23 ---------- Previous post was at 12:00 ----------

A reason why so many are failing to be awarded PIP before tribunals.... and I experienced this sort of thing first hand. They are now refusing to send me a copy of the Capita assssor's report to take apart in the upcoming tribunal.

http://www.disabilitynewsservice.com...aced-assessor/

Re: Worrying news for ESA claimants converting from DLA to PIP.

Quote:

Originally Posted by Taf (Post 35887414)

They cannot refuse to send a copy of the assessor's report to you so l would quickly get on to them with the support of someone like CAB or one of the other advice centres Taf.