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Finally! PIP success

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7 years 3 weeks ago #200342 by Petlover
Finally! PIP success was created by Petlover
14 months ago, we started the awful journey from DLA to PIP. My husband has Bipolar Affective Disorder, diabetes,asthma, sleep apnoea and chronic renal failure. His application for PIP was awarded 0 points, thanks to a Health Professional who stated on the report that my husband replied to her questions with the opposite answer to what he had. The MR was returned with 0 points, so we went to tribunal. I have to say that it was one of the most stressful, horrendous, traumatising things I've ever done. My poor husband was depressed and hopeless for weeks after. The barrister treated both my husband, the advocate who came from a welfare rights organisation, and I with utter contempt. Needless to say, my husband was refused benefit. In September this year, a year after his DLA stopped, I reapplied for my husband, using your wonderful guides. He was asked to a face to face assessment which was an 89 minute drive, but actually took us 2 hours. I'd run out of energy to request a closer appointment. The HP we saw was just that; professional. She was polite, not overly friendly like the first one, which had made me suspicious, and asked at the end if we had any questions. I explained that the previous HP had lied on her report, and she nodded and explained that what my husband had said, she'd written down. Sure enough, the brown envelope dropped onto the mat on Tuesday, only 3 weeks after the assessment, and only 6 weeks after the application was posted. My husband was awarded enhanced care (compared to middle rate care of DLA) and standard rate mobility, until October 2020. To say we're ecstatic is an understatement. I'm sorry for the long post, but I just wanted to show people that you have to keep fighting. And definitely use this site. Thank you to everyone on here that keeps the site going, and for your wonderful advice.

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7 years 3 weeks ago #200355 by Gordon
Replied by Gordon on topic Finally! PIP success
Petlover

Congratulations on the award, well done and I am sorry to hear it was such a difficult journey.

Gordon

tags: @RESULT @PIP

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Petlover

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7 years 2 weeks ago #200412 by Petlover
Replied by Petlover on topic Finally! PIP success
So I rang ESA yesterday to tell them about my husband's PIP award, and they had already been told, which surprises me greatly since they weren't told his DLA had ceased for weeks. So I had a discussion with the advisor about the addition of SDP to my ESA. She had no idea whatsoever. She said she had to refer to a flow chart, and even though my husband and I will now both get Carers Premium, and not Carers Allowance, she said we did not qualify. I fail to understand how the people who answer the phone do not seem to be qualified to answer questions, and know what people should be entitled to. Surely they have some kind of training, or do they literally rely on flow charts? Do I assume that a qualified decision maker will look at the claim sometime and actually make the correct award? Or am I just going mad, and even though my husband and I live on our own and no one gets Carers Allowance for looking after either of us, we are not entitled to SDP? Please could you advise me, thank you.

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7 years 2 weeks ago #200426 by Gordon
Replied by Gordon on topic Finally! PIP success

Petlover wrote: So I rang ESA yesterday to tell them about my husband's PIP award, and they had already been told, which surprises me greatly since they weren't told his DLA had ceased for weeks. So I had a discussion with the advisor about the addition of SDP to my ESA. She had no idea whatsoever. She said she had to refer to a flow chart, and even though my husband and I will now both get Carers Premium, and not Carers Allowance, she said we did not qualify. I fail to understand how the people who answer the phone do not seem to be qualified to answer questions, and know what people should be entitled to. Surely they have some kind of training, or do they literally rely on flow charts? Do I assume that a qualified decision maker will look at the claim sometime and actually make the correct award? Or am I just going mad, and even though my husband and I live on our own and no one gets Carers Allowance for looking after either of us, we are not entitled to SDP? Please could you advise me, thank you.


You say that you at both receiving the "Carers Premium", do you mean that or do you mean that you are both in receipt of either a DLA MRC or HRC award or a PIP Daily Living award?

This is important, especially if you used the term "Carers Premium" when you spoke to the ESA Hotline, as this implies that one or both of you are in receipt of Carers Allowance.

The ESA phone staff only receive basic training and are not employed to answer complex benefit questions, their role is to collect information and pass it to those that do have the training and authority to make decisions.

If you are both receiving the necessary DLA or PIP award, no one receives Carers Allowance against your DLA or PIP claims and no one else is living with you, then you should qualify for the SDP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 weeks ago #200474 by Petlover
Replied by Petlover on topic Finally! PIP success
Thank you for replying, Gordon. Yes, I am on HRC DLA and my husband has just been awarded PIP enhanced rate care. But what I meant by the Carers premium, is the ‘underlying entitlement’ premium that is paid when another income replacement benefit worth more is already in payment. It is what the DWP class as CA not actually being paid, but a premium is paid because the underlying entitlement is still there. Yes, through my phone calls yesterday and today, I have come to realise that the first port of call workers are not trained, but trying to get through to a ‘processor’ or decision maker is unfortunately nigh on impossible!

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7 years 2 weeks ago #200496 by Gordon
Replied by Gordon on topic Finally! PIP success
Petlover

I'm sorry but are you saying that one or both of you have claimed Carers Allowance against the other? Because this is the only reason that a Cares Premium would be added to your benefit.

If you have and you are then you may well not be eligible for the Severe Disability Premium!

Gordon

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