DLA to PIP - ongoing nightmare

Hello,

My son has just turned 16. He has been receiving high care and mobility since age 2. Last year after renewal the mobility component has been dropped to lower and awarded until 2019. I requested reconsideration and after 6 months was told that the decision will not change and that it was based on school report (he attends specialist school).

I rang the DWP and challenged it again as the report was wrong, thus the decision was based on incorrect information. This was supported by the principal of the school who wrote a letter explaining and answering the questions correctly. This was faxed to DWP as requested by them. They have been given me the run around since then and now I have received a letter to apply for PIP for my son.

(I did visit CAB and they told me to ask DWP to send a new letter stating that I can appeal because the original date was out of time. DWP refused…because first they said use the first letter, then told me to sit tight and wait as they have not made their mind up!)

Of course I will have to apply for this PIP on his behalf. Have no idea how he will be able to attend and ‘jump through hoops’. What do I do with the ongoing DLA dispute..? Can someone visit us at home regarding PIP? What happens when an individual does not come but the representative does? What if the claimant just sits on the floor and rocks and is unresponsive?

Have been pulling my hair out, reading through all of the materials available here to the members.. but my mind is just blank. Any help would be greatly appreciated.

Sylvia

Good morning Gordon,

Thank you for your reply.

Indeed I am outside of the limit. The DWP sent the Reconsideration Notice on the 4th Of December 2014. As soon as it arrived I contacted them because they based their decision on incorrect evidence. The DWP told me to fax and also send correct information via recorded delivery, which of course I did.

They based their decision originally on how a teacher filled out a form. The information was incorrect. The principal wrote the correct information on headed paper, addressing all questions. As I have said this was faxed and also sent via recorded delivery. I called them to make sure the fax was received. It was.

Since then I have received two letters telling to sit tight and wait as they are still looking. I began to get worried when I heard nothing after 12 weeks. So I started to call….one day they would say it is still ongoing, the next that they do not know what I am talking about. Finally I have spent a whole day on and off the phone to be told that my sons file has been recalled and they are looking into this – sit tight!

In a mean time as I have mentioned I thought about appealing against their decision and thought about seeing CAB. However they told me that nothing can be done on their part as I would need a NEW Mandatory Reconsideration Notice (that is in date, ie 28 days frame), otherwise they can help me put documents together but other than that am on my own…I called DWP and asked them about it and was told to wait…

I have their names written, dates, logs on my phone, and of course the two letters…Only to find a letter this Friday telling me that I should apply for PIP as my son turned 16….even though am still waiting a year on….and even though his DLA is until 2019…so am really confused.

My son is still at the specialist school (of course) and will be there for the next 3 years. I do not know what I should do as in the last letter DWP states that I must contact them for the PIP form by the 8th of July or case (PIP/DLA) will be closed….

The whole thing is totally muddled…however I do believe that I have everything accordingly. Again, any help direction would be greatly appreciated.

Sylvia

Hello Gordon,

I asked the DWP to look at their decision on the 18th of June 2014. They replied to me on the 4th of December saying that they will not change their decision. As I have mentioned above the rest followed. The Mandatory Reconsideration Notice was issues on the 4th of December 2014.

The reason being that CAB would not help me otherwise with the tribunal…

What can I do now? Call them and tell them to resolve the ongoing issue? Or do I go to the tribunal as I have their communication telling me to wait and they made their original decision (lowering the mobility rate) based on wrong evidence…or do I just call for the PIP1 form as they have stated in the recent letter…?
Thank you again.

Sylvia