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PIP Supersession

Posted , 6 users are following.

kirstie_38513
kirstie_38513

Hi everyone,

Could really do with some advice as CAB have been absolutely useless for my dads claim. Wrong information has cost him his mobility award.

Will try to make it as short as possible.

My dad was invited to claim pip last year. He made a mistake on form and had his assessment didn’t get the result back for his mobility he felt he was entitled to. CAB said there is no point going to appeal as you wouldn’t win it best advice would be to do a supersession.

We took that advice filled in another form with them and went to assessment. My dad had his decision back yesterday and they told him we know tour l

0 likes, 21 replies

21 Replies

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  • kirstie_38513
    kirstie_38513

    Posted

    *** we know your mobility has got worse however as you are over 65 we cannot change your mobility to enhanced from standard. 

    If we would of known this we would of never done it and continued with Appel first time.

    I would like to know if anyone else has been in this situation and what we can do about it. 

    Thanks

    X

    • julie_48916
      julie_48916 kirstie_38513

      Posted

      Did you ask for a Mandatory Reconsideration Kirstie. As this is the route you should have taken. If it came back the same as usually is the case. Then ask for it to be heard at a tribunal. I took advice from people in this group. And won my appeal at tribunal. So hopefully Denise will have some good information to give you. As she truly goes the extra mile to help everyone.

      Good Luck.

    • kirstie_38513
      kirstie_38513 julie_48916

      Posted

      Yes we did a MR but CAB cancelled the appeal on the first decision as said we wouldn’t win it and said supersession was the best bet.

      Xx

  • denise15811
    denise15811 kirstie_38513

    Posted

    Hi Kirstie,

    I'm totally confused as to why CAB adviced you to do a supersession and not go down the MR then Tribunal route. I've never heard of anyone doing a supersession for PIP before to be honest, this is new to me.

    As your dad is now over 65 DWP are correct in saying that they can't award the Enhanced mobility now. If he had gone down the MR route then things would have been different. I think that possibly through CABs wrong advice then your dad may now not be able to get Enhanced  mobility PIP.

     

  • wendy17594
    wendy17594 kirstie_38513

    Posted

    Hi Kirstie

    I can confirm that because of your father's age he cannot now claim re his mobility as Denise said..it's built in to the law and there's nothing you can do now sadly.

    I'm wondering if he had turned 65 when you saw CAB and they thought that way you may have had a chance. It is another flaw in the system around PIP.

    I retired from DWP earlier this year and I am on PIP, it's the politicians that need to look at the legislation the staff just have to follow their rules .

    Take care

    Wendy x

    • kirstie_38513
      kirstie_38513 wendy17594

      Posted

      Thanks Wendy,

      Yes my dad was 67 on change over so was 68 when he saw CAB. 

      There an absolute joke and I’m devasted and really angry inside. It’s not fair as it’s only been 9 months since the first decision and his mobility was as bad then as now has been for many years as to why he was on DLA. Wasn’t so much the daily side it was the mobility.

      Thanks xxx

  • kirstie_38513
    kirstie_38513

    Posted

    Thanks for the replies.

    Denise we did do a MR the first time and went to go to appeal week before appeal date dad met with CAB advisor and she said not to go to appeal as you wouldn’t win it your best thing is a supersession so she cancelled appeal! 

    I thought the advisor was wrong but we listened as trusted her judgment and thought she knew what she was doing.

    Is it worth fighting this decision as my dads mobility is bad and it was just as bad on the first assessment. We did the supersession 9 months after his first decision so would that stand as it hasn’t been many years xx

    • denise15811
      denise15811 kirstie_38513

      Posted

      Why on earth you were advised to cancel the appeal and do a supersession for i do not know but that's the wrost advice i've ever known CAB give anyone, usually CAB are very good. The best thing you could have done was to continue with the Tribunal. To be honest im not really sure what you can do now because of his age, as you can't report any changes to his mobility after the age of 65. I think CAB may have runied his chances of ever having the Enhanced mobiloity award.

      Is there any other disability advice centre other than CAB in your area? Age concern maybe? You can do a google search and it will tell you exactly what's in your local area. I know age concern deal with people of your dads age. I'm so sorry you were so badly adviced on this. I'm actually shaking my head in disbelief here. I really do hope that you'll find someone near to you that can advice you further with this and help you.

    • kirstie_38513
      kirstie_38513 denise15811

      Posted

      Thanks Denise. I know its disgusting. Unfortunately I wasn’t there when my dad went to see the advisor and my dad said she was very abrupt as I’d to say why are you here. 

      I can’t believe it to be honest as my dad was on higher on DLA and I know its different to pip but my dads conditions are degenerative they will never get better and he was awarded dla as 62. 

      I will have a look for an age concern never thought of them as can’t find anything else in the Glasgow area.

      I’m really angry inside at the advisor I could really say a few things to her . Xx

    • AlexandriaGizmo
      AlexandriaGizmo kirstie_38513

      Posted

      That's absolutely disgusting, did anyone go to CAB with your Dad, usually the representative takes notes so there superiors can assess there competence to give advice on different matters, obviously this one wasn't, I like Denise have always found them to be more than helpful, so was your dad on DLA or PIP when you applied for MR??

    • kirstie_38513
      kirstie_38513 AlexandriaGizmo

      Posted

      I was with my dad at the beginning on first meeting with him everything was explained an appeal was done. He was then allocated a welfare advisor for weeksss he waited to see her had our appeal date so I rung to ask when we would get to meet her so we know what to say during appeal. A week before appeal she asked for my dad to come and see her. I wasn’t there unfortunately my mum went for support for him. She cancelled the appeal. 

      The MR was for PIP

      My dad never had a f2f with his dla he was awarded enhanced on both  in 2012 I think.

      Xx

    • denise15811
      denise15811 kirstie_38513

      Posted

      So your dad was originally on DLA high rate for both? as there was no Enhanced rated for DLA. Enhanced rate is for PIP only. He then got asked to apply for PIP, yes? On his transfer over to PIP is got awarded a lower award, am i right? If so what was the award? and what it from this decision he decided asked for the MR and then decided to take it to Tribunal and it was this Tribunal that CAB adviced him to cancel and go for the supersession?

      Sorry about all the questions, just trying to get the whole story correctly here.

    • denise15811
      denise15811

      Posted

      Oh heck a lot of typos in my last questions, sorry about that i haven't been feeling so well in the last couple of weeks. I'm trying my hardest to keep up with the posts today. I hope you're able to understand what i wrote cry

  • kirstie_38513
    kirstie_38513

    Posted

    Thank you so much for replying. Make sure your looking after yourself and take it easy. 

    My dad was awarded dla high rate mobility and lower care as it was his mobility that made him apply. 

    In late 2016 he was invited to claim pip at that time he was 67. He was awarded enhanced daily and standard mobility we then did our own mr it was unsuccessful.

    We then sought help from cab and a lady filled in appeal form to say we didn’t agree as his mobility has never changed and we disagreed the walking distance my dad walked (he should of gone in wheelchair for assessment but gets embarrassed.)

    Also she wrote that he made a mistake in form by filling out 20-50 metres instead of 1-20.

    We then was introduced to another advisor who’s knowledge for attending appeals was more appropriate. She said no to appeal as wouldn’t win it because you can’t argue walking distance and that you made a mistake on form. Best bet is supersession all her words.

    • kirstie_38513
      kirstie_38513

      Posted

      He received his pip first decision in nov 2016. MR decision came back in jan 2017. When he met with cab he was 68. Supersession form was received by pip in August 2017 and  f2f was October and decision was given dec 2017 so only 9 months all in from first decision.
    • denise15811
      denise15811 kirstie_38513

      Posted

      OK thanks for that info. The reason the DWP has made that decision now is because of his age, you can not be awarded a higher mobility after the age of 65.

      If he had continued with the Tribunal instead of stopping and he went on to have a decision in his favour then he would have been allowed the Enhanced mobility. The reason is because when PIP was first introduced in 2013 he was below the maximum age limit in which to be transfered accross. When he was finally asked to apply because his age was below 65 when PIP was first introduced then he would have been allowed to recieve the mobility part. As he wasn't happy with the decision he had the chance to appeal it, because he changed his mind and canceled that Tribunal he lost his chance of ever being awarded that Enhanced mobility.

      Hopefully you understood what i've tried to explain. I'm so sorry that he was adviced so badly by a CAB representative but unfortuntely there's nothing you can do about that now.

    • kirstie_38513
      kirstie_38513 denise15811

      Posted

      Hi Denise,  

      Thank you I do understand. 

      I’m just so angry at CAB I could really say a few words to her as it’s cost my dad. 

      Xx

    • kirstie_38513
      kirstie_38513

      Posted

      I would of liked to go to appeal as I know an MR is going to be rejected.

      Do u think it’s worth giving it a go.   Xx

    • denise15811
      denise15811 kirstie_38513

      Posted

      You can't go to Tribunal without first asking for the MR, because the Tribunal will refuse your appeal wthout a copy of the MR decision letter.

      In all honesty, there's no point in asking for the MR on this because your dad can't get the Enhanced mobility now, even through MR or Tribunal. I'm so sorry.

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