Tribunal Won

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I said I would let you know and I can hardly believe it. 15 mins in front of a panel and they announced appeal won. I was appealing about the mobility componant of PIP in which I got standard rate originally. I had lot's of evidence from health professionals and was only asked about 5 questions. I am over the moon, particularily that I've had to cancel all my hospital appoinments in the last 2 months because I have been unable to attend

Massive relief 

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  • Posted

    That brilliant news!!! 

    I'm so sick to my stomach appealing for my son pip in mandatory decision 

    they gave him 4 points in motability 

    I had to return the car yesterday. 

    I dunno how on earth my son gonna get to college cause I take him there and pick him 

    the bus stop is way too far for him to walk. 

    Enuff said cause I really can't talk about this. 

    But well done to u!!! 

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    • Posted

      Well I am but I have to wait and see what I get it depending how the car condition my motability dealer I should get it but there was slight scratch on the side of the bumper just paint come off, not my fault but someone must cone up the side if it. Fingers crossed I have been told it will take up to 14 days to get the cheque and obviously Gotta wait 5 days for cheque to be cleared I was offer 5 grand for the car but we are in financial situation at the moment. That car is for my son. 

       

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    • Posted

      Anthony,

      Please correct me if I am wrong but is it not £250 if the car is in good condition when taken back to the dealer?

      I noticed you put £2,000

      Regards,

      Les.

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    • Posted

      Connor, a slight scratch on any Motability Hire Vehicle is normally classed as standard wear and tear.

      We had a Mitsubushi Lancer 2.0 ltr Turbo - my wife drives me because of my health condtions. But I tried at one point riding an electric scooter up the side of the car, it was only a week old - anyway I hit the bumper with the metal bag clip straight across the back bumper, so me not thinking straight decided to reverse out to stop scratching it even more, but I ended up with a scratch over a foot long down to the primer which was white, it stuck out like a sore thumb because the car was metallic black.

      I phoned the dealer stating what I had done, he said they have many cars come back in with scratched bumpers and Motability states it as standard wear and tear. So, we still got the £250 back at the end of the 3 year lease, and because the vehicle was such a low milage and in very good condition Motability sold the car to the dealer for £8,000 - which I was suprised at, it was a nice car though. But the next car, which we have now is much bigger car the Mitsubushi ASX4 - I think they increased the deposits on them now, because of so many people abusing the scheme. People were getting the high depsots from Motability to get the BMW 4x4 series, basically a car on the road which would cost £30,000!!! I think they have removed it now and are more specific on their grants.

      Regards,

      Les.

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    • Posted

      Hi Les. If you are taken off the scheme Motability award you £2000 for the transition which is in the form of a cheque. Its then up to yourself to put it either down on a car or buy a second hand one

      In my case, now that I have been placed back into the enhanced rate, it's up to me what I do next. You can keep the 2k and wait six months to rejoin the scheme with a one off payment to motability of around £179 for the 3 weeks they gave grace at the end of your last agreement because the DWP stopped the payment and they allowed extra time to return the car.

      If you rejoin the scheme at any time before the 6 months you have to pay back £1750 of the 2k orginally given plus the £179 so it'nearly all of the money.

      It's a decison you need to take - Do you pay the money back or wait a couple of months to rejoin, I got took off the scheme 4 months ago now. It seems sense to wait and then the money can be used as a downpayment but of course it is based upon circumstance. I'm still deciding what to do?

      The good condition payment doesn't apply if you are coming off the scheme and you wont get the 2k if the car is deemed in bad condition. I had quite a few scratches and a dent on the bonnet but they sent me a cheque for 2k

      It seems like a bit of a process to rejoin the scheme, it's not straightforward. You can't order a car until the 6 months are up. The problem then of course is whether that have the car you want or whether you have to wait another 2 months or so. The DWP will pay the new rate to you until you go back on the scheme plus backdated payments from when the benefit was stopped

      I woudn't worry at all about scratches ot the odd small dent. It's deemed general wear and tear. They draw the line at big dents and also damage to the interior like torn seats - Well at least that's my understanding

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    • Posted

      Well said sweety .....everything u said is correct. 

      I have to say motability are the nicest people trying their way to help u have car I have been on the phone to them countless time and they rang me back 

      I can't even have dial a ride cause it too far for his college and they don't do drop off for college either. 

      Im hoping that money will come quick cause we are getting just simple good enuff car that get from a to b especially for son. 

      He left early to get a bus to college it take him an hour and 15mins. 

      Where it only took me 25mins in the car. 

       

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  • Posted

    Well, that is good news for you. Was this your first claim for PIP or have you been through the DLA to PIP process?

    I know mine is due soon, and like connor I'm dreading the vehicle to be taken off me. My wife drives me to all appointments, and with me I have to have BoTox Injections every 10 weeks done by a Neurologist. Without them the pain in my neck and back will just increase more than ever.

    Regards,

    Les.

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    • Posted

      It horrible feeling had the motability scheme 8 years. 

      Motability have been fabulous but had no choice to return the car.

      i hope they don't take the car away from u but if they do fight like hell get every evidence u can .

      motability will give u some options aswell xx 

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  • Posted

    So glad that you have been successful in your appeal. It's such a stressful time. Especially having To go in front of a tribunal.   Glad you got through it all.  Hope things will be a lot easier for you now x

     

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  • Posted

    I feel so sorry for anyone who has to go through this cruel system. The PIP procedure is highly flawed from the application process through to the face to face consultations. Conflicting reports based upon a tick box excercise. Its very very unfair and lot's of people will get caught up in this when applying for it.

    I was on high rate DLA for both componants but didn;t qualify for anything near that after an assessment. It's taken 4 months to sort this out and it's 4 months lost and it's put me behind with my hospital appointments not to mention unnecessary stress

    I can't advise on the best way to go if you don't get the right decision,all I know is you should fight if possible. I am very fortunate to have had so much evidence.

    Please don't give up. Keep going because you can't lose what you have already lost - if that makes sense

    Good luck to anyone going through this, my heart goes out to you

     

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    • Posted

      According to statistics approx 75% of all those that had DLA move over to PIP.

      The way I see it is that 25% don't anything after years on DLA.

      I'm at the stage of seeing if I even qualify and waiting for the PIP1 form. Refused to entertain the telephone conversation. The law is quite clear in that evidence that they need should be obtained by them. 

      I am resigned to be in the 25% that fail. 

      I'm 66 and think 'Do I really want to have to go through assessment and re-assessment for PIP every few years until I peg it?"

      Currently get High Mobility & Mid Care. I had a letter this week from the DWP telling me that I qualify for a Motability car. I handed that back after 18 months when I realised what could happen with the move over to PIP and bought my own which the DWP can't touch.

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    • Posted

      Oh I agree with u there I can't believe this all the making how much stress it had become it had be making me ill nothing to with me but it fir my son he was born with his condition so no fault of his own. 

      Like u said fight all the way if u got the evidence is don't see why not we are entitled to it it not like we are lying!!!!!!

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    • Posted

      don't see why not we are entitled to it it not like we are lying!!!!!!

      Unfortunately many do! They exaggerate by claiming that their worst day is always like that. They see that any disablity is worth a PIP payout.

      When the DWP see so many dodgy claims, it is only human nature to assume that most people make dodgy claims.

      As an example who is going to admit to being able to walk 25mtrs before they feel so ill that they cannot continue, when you can claim the maximum is only 20 mtrs that you can walk - who can prove or disprove the missing 5 mtrs?

       

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    • Posted

      Yes Les, I cannot disagree with you there. Fact is we all probably know of someone who is swinging it but if you say you need walking aids and you really don't then it's only a matter of time before you are caught out.

      Unfortunately, there are many people who are not able to prove how their disability affects them either because they are too scared of the face to face or just not good at explaining. This is where support from Health professionals who know you well come into their own. 

      PIP is awarded on how if affects you - not the condition itself. You wouldn't expect the DWP to know you like the HP's do so medical evidence is all they have to go off

      It's no use printing stuff off the internet or just relying on the condition to explain itself by name, in my case the condition I suffer is quite rare and can be mild or severe so how can they know how badly someone is affected.

      The 20 metre rule is very narrow in terms of how you mobilise yourself. I'm not good at estimating distance but I'm told it is the length of a double decker bus but it is bades upon how you manage that distance. If it causes you pain or discomfort, breathlessness and an inability to do it repeatedly as and when then you basically qualify for mobility under the present rules

       

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    • Posted

      Very few are actually caught out in that way. I am in pain to some degree every day, some days are worse than others. Thankfully my GP and the Pain Clinic prescribe anything I need to mask the pain.I have to take 100mg of l2 hour lasting morphine every day. Some days when it is bad, I top up with as much Oramorph as I need. Therefore most of the time my pain is masked to a greater degree and can do most things. 

      The spinal unit consultant 5 years ago sent my GP a letter saying that I would struggle to walk 50 metres. Things have deteriorated since so up goes the level of drugs to contain it. I would need a walking frame to manage any distance if I did not keep on top of the drug regime. So you would see me on most days walk, sometimes with a stick, easilly around a supermarket for example.I suffer very little discomfort, and have no problem with breathing and could carry out the activity if required to.

      I currently get High rate Mobility/Middle Care - DLA simply based on what the consultant said and how I described I would be without the pain relief.

      Am I entitled to the DLA or PIP? You would think not if you saw me.

      I have another condition that currently is so far advanced that it is unlikely that I will be around in 10 years. I simply cannot digest anything - it just ferments and passes straight through me. The simple action of putting food in my mouth triggers extreme pain caused by the digestive juices disolving my pancreas instead of them going into my stomach.As I have said the pain medication halts the pain and I have to take a cocktail of drugs so that my body can extract the vitamins and minerals etc from my food.with every bit of food that I eat.

      With that medication I can eat anything and everything with no problems.

      Like you said about evidence, I could get medical confirmation of all of my limitations based on taking none of the drugs, but what evidence would I get and where from to prove that I am totally reliant on the medication and in taking it, nobody would guess that there is anything wrong with me.

      Hence why I know that come the PIP assessment I will be given 0 points all round. 

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    • Posted

      Oh Les please don't give up thinking you may ger 0 points.  Like you, I can't eat a meal, I have a feeding tube. I am in contant pain. Morphine makes me sick and it almost killed me 10 years ago

      To look at me you'd think I was a picture of health and I do get around only because I don't give up so easily

      Most days I am ill, some days I am reasonably ok. What is reasonable though?

      I have no circulation and right now I'm nursing a terrible pain in my shouder and back that is making it difficult to breathe. But I'm sat in fornt of the fire watching tv - so that makes me pretty normal - right?

      I think you'll be ok. Don't give up, I didn't and I got the help I need

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    • Posted

      I am totally unable to hide my condition, when someone tells me to relaxed, I have to tell them I am relaxed, muscle spasms and cramps I have to put up with 24/7. I have Generalised Dystonia so it affects me all over, I cannot control the muscle spasms, and having Cervical Dystonia really pulls on my neck muscles, because my head is a constantly pulling in and down to my shoulder, hence muscle pain is in my neck and shoulder. I am on so many tablets to not just control it, but to take some of the pain off as well.

      At nights, I have to take tablets that would normally prescribed for a person with depression, but I have to take them to lower the pain and constant pain in my neck. My body constantly twists at the wasteline, so my mobility is severely impaired, my left leg is pulls inwards, and so does my foot, both feet, ankles and legs are swollen.

      I have to sleep on a electric hospital bed, because I cannot just pull myself up or sit down without bars to hold on to. I have an electric riser/recliner chair in the lounge, to aid me to get on my zimmer frame. Getting to the toilet is difficult, I have a disabled chair, in the bathroom, and an electric bath seat so I can be lowered in to the bath with help from my wife. Our toilet was changed because I am unable to clean myself, so it was changed to a bidet/toilet which made life for me easier, more hygienic and my wife does not need to help me. But somedays are worse than others, so its a case of transferring me to the manual wheelchair, I cannot steer a normal wheelchair because of arms shaking from spasms.

      Painkillers, I been on so many it's ridiculous morphine, even an epidermal, now on tramadol - topped up with paracetamol and codiene at night. Medications are a minimum of 30+ a day.

      You can have loads of aids to help you to be more independant, but there are many times when no aids can help you, I have to rely on my wife mostt of the time.

      I have noticed more so lately, I have been receiving carbon copies of all letters between various consultants and my doctor, giving all details of what was done, because I have 6 BoTox Injections in my neck to deaden the muscle, but it starts to wear off after 8 weeks, so it is done again every 10 weeks, then I have to see my Neurologist and Epilepsy Specialist every 4 months, lately thats increased because admissions by ambulance to hospital are more than usual lately. Every admission by ambulance is costing the NHS £250 a time, so it is not cheap and would be more beneficial to me and them for my seizures to be better controlled.

      But, I agree with you both there are many people out there that seem to get DLA or PIP with Motability Cars, yet the things my wife and I have seen other people doing are unreal, and they can walk to the local shops and catch buses, I cannot do neither of them - if I lost the top PIP mobility part and had no vehicle, I would be stuck for transport to appointments. What really bugs me is people that are not disabled parking in disabled bays for cars, we have to pay for EU Blue Badge - yet get treated like we are useless.

      Regards,

      Les.

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    • Posted

      Gawd don't get me going about the disabled bays. Two white vans parked side by side by workmen having lunch in their cabs!! I got into an argument because since the loss of my mobility vehicle the only mode of transport has been my husband's pick up which I can't drive. The looks we have had when parking up, even at the hospital. Only two weeks ago a man with a stick verbally challenged us even though he could see I had a blue badge. It felt like insult to injury having to ask my hubby to get time off work as well so I could make my appointment, then being abused for the mode of transport I arrived in. I cancelled my follow up appointment because I couldn't get there

      I may have won my tribunal but it will still be some time before I get a vehicle. I haven't got the new award notice from the DWP yet and then I shall probably have to wait another 3 months until I acquire it after ordering, not to mention all the parlava that I'll have to go through to set the scheme up again

      I am afraid of using my blue badge and I have now become almost housebound. I expect but don't excuse abuse from able people but not from people who are disabled. What is this country coming to?

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    • Posted

      I've had runnings with idiots that park their big BMW cars sideways taking up 3 disabled bays!! It was a blonde woman that was not even going in to ASDA, she was on her mobile phone!!! Her car windows were down at the time and I shouted at her "Learn to park properly, and not across 3 disabled bays, unless you want me to report you to ASDA"... all she said was "Sorry" and moved her car! To me she was ignorant and should have known where she had parked, unless she was totally blind as well as stupid!

      Our car is quite large (it looks like a 4x4, but cost us a £500 deposit) because we have to carry a few aids when we are out, it depends where I am going in the hospital normally. But I have a quad-stick, wheelchair and a four wheeled walker with seat, the Quad stick I use partially to get in to our car which is always parked on the drive, the other hand I use to balance myself on a disabled hand rail, on a good day, bad day its the wheelchair!

      The EU Blue Badge you pay for Sweetyb1, it's your right to park in disabled areas - ignore other people, they don't know everyones problems or illnesses. Regardless of vechicle, its your only way of getting around. I get the same, and its ridiculous when I'm in a wheelchair!!! eekrolleyes

      Be a lady and stick the V's up at them, LOL.

      Regards,

      Les.

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