Re: Worrying news for ESA claimants converting from DLA to PIP.
 

The next step after a first Tier Tribunal is the Upper Tribunal. Although you have to initially apply for leave to appeal to the First Tier Tribunal. If the First Tier Tribunal refuse that, you can ask the same question of the Upper Tribunal anyway. After that it is judicial review.

How will he lose his bus pass? It might be more difficult to renew it.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

You don't need to be on those benefits to be able to qualify for a bus pass. A letter from your GP or specialist could be enough.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Look at the positives,

He could now get a fulltime job, work hard and earn his own money. This may be the best thing that ever happened to him.

I hope he finds a job soon and enjoys working and the rewards that come with working.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

The only way he would loose his bus pass would be to surrender it voluntarily.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Our lad's Mandatory Review Decision arrived this morning. Exactly the same as before. :(

Their response says that because he was seen to walk 6 meters, he can walk over 200 metres. And despite them asking if he had difficulties walking on slopes and uneven ground, they say that cannot be taken into consideration! Plus it repeats the lie that he was asked if he carried money and could calculate change. And now a new lie, it says he was asked if he could hold cutlery in both hands and they say he told them he could. It also says he can use a map, that was never mentioned either!

We can't afford a lawyer, so we're stuffed. :(

---------- Post added at 12:44 ---------- Previous post was at 12:34 ----------

His initial issue was by a letter from his GP, but now it can only be issued if he is in receipt of PIP Mobility payments. There is a "discretionary application", but that will be withdrawn once PIP is fully rolled-out. Those who were issued a card on GP advice only will be reviewed if the card has to be replaced due to loss or damage. And that reissue will only be to persons in receipt of PIP Mobility payments. And that is the same for the disabled parking badge.

And the GP cannot advise issue if he has not seen the patient in the past 12 months for issues regarding the disability. Or if he has received input from a Specialist Health Care Worker. Being in the adult service, that is between very unlikely and impossible. I requested a Podiatry assessment, but was told there is no-one available for "at least 2 years".

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

You don't need a lawyer so you're not stuffed. Go to your local CAB, someone from there will represent you or make arrangements for you to be represented.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Agree. :tu:

Taff - there is help out there, albeit harder to find in some places than others I know. I think that part of the trouble may be that having been self reliant for so long you've either fallen out of the loop or simply never been in it and never made the contacts which could now be of great help in this situation. We didn't even know about DLA until a friend with a severely disabled daughter told us. Up until then we'd just got on with supporting our lad and any decent parents would do and were ignorant of so many things. If we'd been reliant on GP reports we too would have a problem because our lad never sees them but they are the key to other services for your son and indeed you because you need help too.

I'd have thought GP contact would be a very good thing too and possibly a referral to relevant health services. I know a few people who've obtained their own expert opinion to assist their cases, having been turned down for DLA or whatever. It costs money but not necessarily a large sum so that may be another route to consider given what's at stake for all of you. Now's the time to find and ask for help mate, including help for carers which is what you and your wife are. :tu:

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

The Parents Association are hopeless, the local Autistic charities are worse. More interested in raising money to keep their paid admin staff in work. Ditto Citizens Advocacy and CAB. You just get referred to their website for "up to date info".

Our GP tried to get some sort of help, but the standard reply was "unfulfilled need"... even from bodies with large funding and staff levels, including the NHS.

Even my daughter's Psych appointments are now 18 months apart on paper, but have drifted to 2 years due to "illness or courses". Her meds and blood tests MUST be reviewed annually according to the local NHS, but they never are, despite nudges from our MP and Welsh Assembly.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

You must have a different CAB service compared to elsewhere.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Try other national charities and organisations. They might not be able to come and see you but I don't see any reason they couldn't offer advice on how to proceed. It seems to me that you have to come up with some expert opinion to support your case and unless you do that the answer will be the same. Forums might be useful source of feedback. Find out how other people are dealing with similar issues because you won't be alone in this.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

They're very hit and miss in my experience, the good ones are great and the bad just a waste of time. Good luck Taf, there's got to be an answer out there somewhere, don't let them grind you down in the mean time until you find it.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Wish me luck, I'm representing a friend at a PIP appeal hearing today as his support has backed out with a "supposed" hospital appointment.

I only got the paperwork last night, hearing today at 10am.

I'll let you know the outcome later.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Good luck at the PIP appeal as l know exactly how one would be feeling attending a PIP appeal representing someone and getting your points across to them as it can be quite a ordeal for some..

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

The DWP has deployed newly-trained P.O.'s (Presenting Officers costing only £22 million) to sway the tribunals in favour of the DWP. And some judges are letting them do it!

And a win at tribunal is now not guaranteed a change in the DWP's decision.

The days of tribunals seem to be numbered, it'll soon be just the Mandatory Review only according to some insiders. And that sounds scary.

Re: Worrying news for ESA claimants converting from DLA to PIP.
 

Technically, Presenting Officers are meant to be there as "friends of the court". They are meant to take a neutral stance, and be prepared to comment on both sides of any argument. The same is meant to apply to the DWP decision maker creating the final DWP response to the Tribunal.

Decision Makers' Guide.