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Benefits case-study – successful DLA and PIP appeal for physically disabled client

10.04.19

Our benefits consultants helped a Renaissance Legal client with a benefits appeal when their DLA award was reassessed for PIP. Here is their story.

Background to the appeal

The client had been in receipt of DLA for years – receiving the low rate of care DLA and the high rate of mobility DLA. This high rate of Mobility DLA had allowed the client to access the Motability Scheme, which enables claimants to use their DLA mobility payments to fund a car to aid their mobility.

When the client’s DLA claim was reassessed for PIP, the mobility element was reduced to the standard rate. This meant that access to the Motability Scheme was removed and the client was advised they would have to return their car to the Motability Scheme.

What this meant for the client

Without the car the client wasn’t able to get around at all, personal circumstances relating to the client’s disability meant that in some situations the client had to get home quickly. Without the use of a car the client couldn’t leave home and because of this became socially isolated. This affected the client’s mental health and was extremely distressing situation for both the client and their family.

On a practical level the client wasn’t able to collect their children from school or go shopping. This meant that the grandparents had to take on more responsibility which was not an ideal situation for the client, as prior to the DLA claim being reassessed the client had the independence to carry out these everyday activities.

How we helped

We assisted the client in challenging this PIP decision. We helped the client request and submit a detailed request for a Mandatory Reconsideration. We gathered all the relevant evidence. Finally, the client was advised that the challenge was successful, and the client was awarded the enhanced rate of Mobility PIP – which enabled them to keep their Motability car.

The client was delighted – particularly as national statistics show that the success rate at this Mandatory Reconsideration stage is about 7%! Most challenges end up going to the second stage of appeal (which is a formal Appeal to the First Tier Tribunal of the Social Entitlement Chamber). Whilst appeals at this secondary level are statistically more likely to be successful (if properly prepared), this cannot be guaranteed. They do however have a much higher chance of success than at the Mandatory Reconsideration stage.

So, all in all, a good result in getting it resolved at the first stage of appeal. A happy client and happy benefits consultants!

If you would like more information about our benefits services please contact us. Our benefits experts meet with clients in our Brighton Head Office, alternatively a telephone or Skype consultation can be organised.

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