Disability and motability cuts

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
18 replies 2.3K views
Vigilante101Vigilante101 Forumite
8 Posts
edited 30 November -1 at 1:00AM in Benefits & Tax Credits
My mom who is 68 and is disabled, primarily from being one of the victims of the myodil dye that resulted in severe nerve damage and lack of mobility, has had disability living allowance and a motability vehicle for over 20 years, and she counts on these things to live and to get around. But recently she was contacted by telephone by a person impersonating a robot, asking a vast amount of questions in a monotone, as prelude to an interview she will have to attend soon, after she fills in forms that were sent to her asking the same questions the robot on the phone was asking.

As i understand it from articles i've read, the government are taking motability vehicles off disabled people, and leaving them with less money and isolated without a vehicle. And these interviews disabled people are called up to attend, are the shambles. Basically you are (according to the letter) interviewed by a medical expert. Only, as far as i can tell they are not. They are glorified pencil pushers, punching data into the computer after asking the same set of questions that were already asked on the telephone and in the form.

After this point, i think your data is sent to a decision maker who awards you points based on your level of affliction. And if you don't have enough points, you lose part of, or all your benefits. Then i understand you have to appeal the decision and then go to tribunal.

If anyone has any insight, as to what my mother can expect going forward. starting from the interview, then the decision, then the appeal and onto the tribunal and finally what her chances are at keeping her car and allowance, because i am just going by what i have ready in newspaper articles, and i do not feel like i have the correct knowledge or authority to give her any advice in her hour of need, and i wish i could, but i don't want to either give her false hope or maybe cause her any further stress.

Any advice or forecasts would be greatly appreciated, thank you.
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Replies

  • HB58HB58 Forumite
    1.8K Posts
    If your mother was under 65 years of age on 8th April 2013 then she will have to apply for PIP at some stage. It sounds as if this process has started.

    Having filled in a form at length, it will be looked at by an 'assessor'. This person might be a Dr, nurse, physio, midwife or paramedic (I think that is the full list) but will have been trained in disability assessment (so they claim),

    If the assessor thinks they need more information the claimant will have to attend a face to face appointment. It is possible to get this done in the claimant's home, a supporting letter from a GP will help.

    The assessor makes a recommendation and sends it to DWP. The DWP make the final decision. The process is taking many months in some cases. As long as the claimant conforms to the time schedules set by DWP, the current DLA award will be extended if necessary until the PIP decision is made.

    The criteria for high rate mobility PIP is pretty brutal, it is easier to reach the required 12 points if one has both physical and mental issues.The criteria for PIP are rather different from those for DWP, make sure you/your mother knows what they are being assessed against.

    If the claimant is awarded enhanced rate mobility, the car stays. Otherwise it has to be returned after 1 month. People who have been in the Motability scheme since before PIP was announced can get a small payment towards another vehicle (I think £2000 is the max).

    If the claimant is not happy with the award, they can ask DWP for a Mandatory Reconsideration and then go to appeal if necessary. This will not make any difference to the date the car needs to be returned to Motability.
  • HB58 wrote: »
    The criteria for high rate mobility PIP is pretty brutal, it is easier to reach the required 12 points if one has both physical and mental issues.The criteria for PIP are rather different from those for DWP, make sure you/your mother knows what they are being assessed against.

    Thank you for your reply.

    I am currently looking at the Turn2us websites qualifying for pip mobility component, and it states that under "Moving around" that "Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided" = 12 points.

    I can tell you that my mom cannot make 20 metres, and definitely not repeatedly or reliably. The nerve damage in her back is really bad. So much so, it cause her legs to give way, resulting in a fall. Now at 68 and riddled with arthritis, you can imagine what a nasty fall could do to my mom.

    If this is the criteria for the enhanced rate, surely my mom qualifies for it?
  • The main eligibility rules to get PIP you must be aged 16 to 64

    My mother is 68. Can someone explain to me why she is being moved to PIP?
  • [Deleted User][Deleted User]
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    Because as she was on DLA when she reached 65 she will have to move to pip ,or she could drop her dla claim by not applying for pip and then claim attendance allowance, however this has no mobility part to it.
  • HB58HB58 Forumite
    1.8K Posts
    The cut off date for PIP applications was 8th April 2013. Everyone on DLA who was below 65 on that day will be 'invited' to convert to PIP at some stage.
  • NeilCrNeilCr Forumite
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    I should try not to be too pessimistic. It is, undoubtedly, harder with PIP than DLA and there are some horror stories around. However, there are folk who retain their mobility vehicles and it is not a given your mum's will be taken away.

    Might be worth contacting her local CAB or advice centre when the form arrives to get some help with it's completion. I totally understand that you believe that she will qualify but support with the form by someone who has experience may well be a good idea
  • GlasweJenGlasweJen Forumite
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    I'm a horror story, my advice is to have boat loads of evidence ready to go and sent it with the initial application
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  • swingalooswingaloo Forumite
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    Its very much a catch 22 with the 12 points for mobility.

    My husband was on the higher rate DLA but has only ten points on PIP mobility. He uses crutches to walk everywhere and has to stop every few yards. His problem is nerve damage and very often his leg just gives way beneath him and he is on the floor.

    We did not have a mobility car but if we had then we would have lost it. He was turned down form the 12 points because 'he can drive' even though he only does short distances himself. The assessor said that if he could drive himself to the shop then get out of the car into the shop then he did not qualify for the 12 points.

    So basically, if someone can drive and get around then they dont need a mobility car.
  • Alice_HoltAlice_Holt Forumite
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    Swingaloo - if you look at the descriptors there is nothing about "because he can drive..."

    "2. Moving around.
    a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.
    b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.
    c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.
    d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
    e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.
    f. Cannot, either aided or unaided, –
    (i) stand; or
    (ii) move more than 1 metre. 12 points."

    The assessor was making it up. If your husband can't walk more than 20m (before needing to stop) then he should be awarded 12 points and the Enhanced rate.

    Why didn't you appeal?

    OP - this is a useful guide:
    http://www.advicenow.org.uk/guides/how-win-pip-appeal
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • My dad who is now 80, does the driving for my mom. Although not her carer, he helps my mom get around the house, from getting out of a chair to getting up the stairs etc. the staircase is very narrow, so a stair lift isn't an option, and she dreads this part of the day. By the time she reaches her bedroom, you would think she has just ran a marathon, flush, in a cold sweat and grimacing.

    I know the DWP will try every dirty tactic with their nasty reasoning in making sure my mother gets the minimum available to her, so i would ask for a plan of action to prevent their tactics from working.

    When i visit my parents, they tell me of the current developments regarding this. I ask them what proof they have to support her case. Now i don't know everything she has, but i remember back in the mid 90's when i was a boy, Glaxo, the company who developed and supplied the dye that ruined my mother's mobility, and continued to sell their poison even though they knew it was harmful, paid my mother off with an out of court settlement, with a fee,which by todays standards would be peanuts. So here they admit their wrong doing, and she has a thick medical file from the same period detailing an investigation into her condition, and has a very powerful statement from the medical investigator that states my mother's condition is real, and severe enough that she should be awarded the highest level of DLA and should never be means tested again.

    I only glanced at these pages about a week ago, so i am going by memory, but that was the jist of the report. So this, plus her GP's report, detailing 20 odd years of ailments directly linked to her nerve damage, plus the onset of a form of arthritis in her hip and other places i can't remember, and a couple of battles with cancer where she had breast cancer and on another occasion a hysterectomy. But i think her cancer troubles would be irrelevant in this case, but i believe it's just more pain she has endured like many people who the dwp have no sympathy for, they are cold and cunning, and my mom is warm and innocent, and not very savvy in these type of situations.

    Shes a fighter, but isn't prepared for this type of fight, which is why i am asking the questions on here.

    I could use any links to web pages that detail a top notch game plan when presenting the case, news articles or any links to forums where current claimants have won the cases outright or on appeal. Or as we are from Birmingham, are there any places we could visit that would give advice on how to present the paperwork?

    Thank you.
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