PIP/Universal Credit question

[Luvinthesun]

My daughter at present claims DLA for her Autism, but yesterday we received the dreaded PIP forms.
I'm expecting her claim to be turned down initially, as that sadly seems pretty standard.
My question is though, if on appeal she should win, will Universal Credit elements such as the disability element, and the caring element.be backdated if we win an appeal?

Also, does anyone have any idea how successful mandatory reconsiderations are at.present, before going on to full appeal?
I'm really worrying about this, as.I expect given the country's financial situation right now, it will be made even harder to claim benefits such as PIP.
Thanks

I believe you can ask for the elements on UC to be backdated - well carers element anyway.

The disability element (LCW or LCWRA) is a separate assessment to pip so wouldn't be backdated.

I believe there is a turn over of 30% (or thereabouts at MR) compared to around 70% at tribunal.

Please either download the Benefits and Work guides to claiming PIP (they cost about £20 but are worth every penny) or get specialist advice from CAB or similar to help you to fill out the forms.

Honestly I thought my DS would be turned down but he's actually getting more on pip than on dla!
I downloaded a guide to fill in the form from disabilityrights.org and it was really helpful.
We applied in January and got awarded in June. We carried on getting dla while we were waiting.
He's gone from low mobility + middle care to enhanced mobility and enhanced care. It's only for 3 years while he remains in school but it was totally unexpected.

Seconding the guide from Benefits and Work. Excellent.

There's plenty of free advice on the website if you don't want to pay for the guide.

The person who is the carer can get Carers Allowance backdated, so that would not be the person getting DLA or PIP unless they care for someone else.

There is no separate element on Universal credit just recognising that a claimant has a disability and PIP or DLA except in limited circumstances when someone transfers from the legacy benefits (severe disability).

If claimant cannot work then they can be assessed. They could be assessed as too ill to work (limited capability to work) with no extra element unless transferring from or assessed on ESA.

Alternatively then may be assessed and get an element if the person is too ill to work and too ill to do activities to improve (Limited capability for work related activity).

Often there is a cross over of people that need help through PIP and are too ill to work, but not always.

www.citizensadvice.org.uk/benefits/universal-credit/on-universal-credit/check-how-much-universal-credit-youll-get/

Sorry not sure on times of challenges at the moment.

CAB helped me apply for PIP & LCWRA on UC. I can highly recommend reaching out to them for support

The country's financial situation has nothing to do with whether a PIP claim is successful or not. There are criteria that have to be met and she will need to score enough points on the appropriate descriptors to get an award. The key is providing medical evidence to show that she meets the criteria needed.

@Duetorain

The person who is the carer can get Carers Allowance backdated, so that would not be the person getting DLA or PIP unless they care for someone else.

There is no separate element on Universal credit just recognising that a claimant has a disability and PIP or DLA except in limited circumstances when someone transfers from the legacy benefits (severe disability).

If claimant cannot work then they can be assessed. They could be assessed as too ill to work (limited capability to work) with no extra element unless transferring from or assessed on ESA.

Alternatively then may be assessed and get an element if the person is too ill to work and too ill to do activities to improve (Limited capability for work related activity).

Often there is a cross over of people that need help through PIP and are too ill to work, but not always.

www.citizensadvice.org.uk/benefits/universal-credit/on-universal-credit/check-how-much-universal-credit-youll-get/

Sorry not sure on times of challenges at the moment.

There is the childrens disability element which the child will get if they are awarded PIP. This will continue until the child / young person is no longer on the parents claim.

@BackAwayFatty

I believe you can ask for the elements on UC to be backdated - well carers element anyway.

The disability element (LCW or LCWRA) is a separate assessment to pip so wouldn't be backdated.

I believe there is a turn over of 30% (or thereabouts at MR) compared to around 70% at tribunal.

Sounds like the daughter is a child so LCW/ LCWRA is not appropriate here as it is about fitness for work not disability.

We have just completed a pip claim for dp.

We waited 22 weeks and heard nothing. He called and was told he would get his appointment, letter soon. By the time the appointment happened we were at 26 weeks.

It was a phone appointment, which was a nightmare as he is almost completely deaf. We had to do it together. 2 hours. Then it tuned out the woman had saved anything and she lost it. So several phone calls with supervisors and all sorts of people, we did it again that afternoon.

8 weeks later he had the decision and his claim was accepted and the money went in the bank the same say we got the letter. Just took ages.

I looked up appeals a while ago and it was over 50% success rate .

@Luvinthesun

My daughter at present claims DLA for her Autism, but yesterday we received the dreaded PIP forms. I'm expecting her claim to be turned down initially, as that sadly seems pretty standard. My question is though, if on appeal she should win, will Universal Credit elements such as the disability element, and the caring element.be backdated if we win an appeal?

Also, does anyone have any idea how successful mandatory reconsiderations are at.present, before going on to full appeal?
I'm really worrying about this, as.I expect given the country's financial situation right now, it will be made even harder to claim benefits such as PIP.
Thanks

It really isn't standard that she won't receive PIP. Yes the elements would be backdated if it went to appeal which at the moment are taking up to a year.

@Babyroobs

The country's financial situation has nothing to do with whether a PIP claim is successful or not. There are criteria that have to be met and she will need to score enough points on the appropriate descriptors to get an award. The key is providing medical evidence to show that she meets the criteria needed.

Absolutely. In fact the transition to PIP payments, despite the aim to cut the disability welfare budget, actually increased it by billions per year (and rising), as (a) people's needs have to be properly recognised and the appeal mechanism while incredibly stressful has a 70-75% success rate; and (b) the administrative costs involved are eye-watering.

I recently did my Nieces pip form
I sent them off the first week of April and she got a phone call last week for her assessments and was told pretty much on the phone that she was successful for both the high rates of PIP
It took roughly 18 -19 weeks to get this .

What I did include was her letter stating she was recently placed in the support group of ESA and that she had no face to face assessment due to her illness .

A very good letter from her consultant that outlined every thing that was wrong with her - very very rare health condition that will be life long and semi life limiting /

A second letter after she had several operations and a 6 week stay in hospital outlining what went wrong after the operation and what other operations she will need in the future .

A copy of all of her most recent prescriptions

A letter from her doctor confirming that she is waiting to get an appointment for a prescribed wheelchair at the enablement centre .

Make sure you photocopy every page of the PIP form and keep it
And send it recorded tracked and signed for and check that they have received it .

Once you have had the assessment ring the DWP / Atos and ask for a copy of the PIP assessors medical report.

Once you have that you can work out if you will be successful from the form and if your not you can use the medical report to appeal with

If you aren’t successful Start a Mandatory reconsideration straight away as you only have 1 month to do this .
Use the original pip forms that you have a copy of and the ATOS / Capita medical report to refute anything that is wrong

Oh and my niece got a 5 year award with no face to face assessment just a telephone assessment
Same with her being put in the Support group
No interview just done on the forms that I filled out for her
Although the ESA forms were filled out in March and it took almost 4 months to get it done
She was told straight away she would be in the support group but if took 4 months to actually be put in it officially and get the extra money

They will be backdated as long as you inform UC within 1 month.

Despite being under 18 and in full time education, if DD gets PIP and has a limited capacity for work she would be able to claim UC in her own right. You would need to work out whether you would be better with DD on your claim or her (or you as her appointee) claiming separately.

Re mandatory reconsiderations, my team (welfare rights team) are finding that, on our own applications, these are rarely successful except for cases where a client has only missed out on an award by a couple of points. With MRs where the client has done their own initial application, but we do the MR, the success rate is higher.

As a team, our success rate at PIP appeals is virtually 100%. We have had several cases where clients have been awarded zero points at both stages, only to be given enhanced rate awards at tribunal, even when no additional evidence has been provided.

Hi sorry to jump on this thread I can't seem to find any information anywhere I'm just wondering how long it takes to get the disability and carers element awarded on uc
My sons dla was approved on the 14th and I told uc straight away but nothing since
To add uc have already sorted my bedroom tax out which I reported at the same time

Have you notified them that your son has been awarded DLA, @Alk19? And that you care for him for 35+ hours pw so are entitled to the carer's element?

They're usually fairly quick to add the relevant elements once they know. And if you can upload the DLA award letter to your UC journal, it could speed things up.

Unless it's very close to the end of the assessment period when you tell them, you should get the extra in your next payment.

Sorry, @Alk19 - reading fail! I see now that you told them on 14th.

The additions should be in your next UC payment.

@LakieLady
I thought that's when it would be is that when the backdated payment Will more than likely go in as well? It only took a couple of days to award me the no bedroom tax and they have asked if I want that backdated as well my assessment period is 12-13th so missed out by a day haha

Stay positive. My daughter also has autism and we had to go down the mandatory reconsideration route twice, after she was turned down each time we applied for DLA. When she turned 16, we applied for PIP and she was awarded enhanced care on our first try. Don't start off with the presumption that it'll be difficult. Good luck!

@Gingerkittykat

Please either download the Benefits and Work guides to claiming PIP (they cost about £20 but are worth every penny) or get specialist advice from CAB or similar to help you to fill out the forms.

I completely agree. My DS was moved over from a lifetime DLA award to PIP a couple of years ago. I used the Benefits and Work guides to fill in the form (although they weren't that different from the way you have to fill in the DLA forms). He was awarded PIP, and actually gets more on PIP than DLA. He doesn't have autism.

[quote Alk19]@LakieLady
I thought that's when it would be is that when the backdated payment Will more than likely go in as well? It only took a couple of days to award me the no bedroom tax and they have asked if I want that backdated as well my assessment period is 12-13th so missed out by a day haha[/quote]
Yes, it should be. Tbh, I've not come across this precise scenario, but when U-35s have only been getting the shared rate of LHA, then got PIP and become entitled to the 1-bed rate, the arrears have been paid in the assessment period when the DWP have changed the payments.

I can't see any other way they'd do it, tbh.

@LakieLady
Thankyou I know my friend had her disability and carers element paid before her actual pay date but no one I know have managed to overturn the bedroom tax will keep a look out on my journal Thankyou x