PIP after 65
Posted , 6 users are following.
If you claim PIP and you have to take it to tribunal for high rate mobility and you lose is it true you cannot claim it again??
0 likes, 9 replies
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Notes on PIP after 65
denise15811 AlexandriaGizmo
Posted
yes, that's correct. If you lose your Tribunal you can never claim it again.
AlexandriaGizmo denise15811
Posted
Suppose that's one way for DWP to cut their payments, would you be allowed to take it past tribunal or are you not allowed to
denise15811 AlexandriaGizmo
Posted
Well on that part it's nothing different to what DLA ever was. You couldn't claim the mobility part in that if you were over 65, unless you had it before you reached that age.
Taking it past Tribunal would be to Upper Tribunal and you can only take it there if an error in law was made in making the decision at first Tier Tribunal and to do that it's rare and extremely difficult.
AlexandriaGizmo denise15811
Posted
I suppose if you lose it at any age at tribunal level it's going to be hard to get it back anyway, not going to lose sleep over it, what will be will be, anew government could take over and change it again
denise15811 AlexandriaGizmo
Posted
If you do have to take it to Tribunal then 70% of those who appear have a decision in their favour, that's fairly high.
AlexandriaGizmo denise15811
Posted
Yea, not perticularry worried as have an amazing report from my consultant going into great detail as to how my injuries effect me on a daily basis and copies of my new x-rays and MRIs + my rheumatologists etc etc never ending LOL sun's still out here and the black clouds have blown over, thought it was going to rain
denise15811 AlexandriaGizmo
Posted
It's only April and you have till around September, i think you said? I think everyone worries and stresses, however much evidence they have. It's perfectly normal. I worried with my daughters claim even though it was there in black and white what she should have scored, with evidence from everyone i could think of, from Consultants, College, community learning disability team.
As i said before you have a good knowledge of PIP and what it's all about, that really does help. You also know i'm here if you need further help and advice.
Yes, sun came out here today too, after it rained for a couple of hours. Cooler than it was a couple of days ago though.
borderriever AlexandriaGizmo
Posted
Cannot be claimed if over sixty four, sixty five you go on Pension and there is a group of benefits pensioners can claim when Retired
DLA can be paid over sixty five if the claimant has been receiving DLA before the age of sixty four. Various parts of DLA are cancelled out on retirement ? I understand there are other benefits available in that case
BOB
denise15811 borderriever
Posted
Not entirely true. If a person was/is claiming DLA when PIP was introduced and they were under 65 on 8th April 2013 they will be transferred to PIP eventually. Some are still waiting to start the process, even if they are now well past 65 they will still be transferred. If a person claims PIP they will continue to be reassessed and if successful they will remain on it for the rest of their life, regardless of age. If refused at any point they can appeal by first asking for the MR then Tribunal if that's not successful. If refused by a Tribunal then they won't be able to re-apply if they are over 64.
If a person was 65 on 8th April 2013 they will remain on DLA for as long as they qualify.
For those that are over 64 and don't currently claim a disability benefit then it's Attendance Allowance they can claim but this has no mobility part.