As my mobility part of PIP was not allowed I asked for them to reassess there decision and also send me all information that they used. Yesterday I received there report a 28 page document and it has a short but very important paragraph on page 25. This is an exact quote.
(Although they have not claimed under the terminal illness provisions, in my opinion they are terminally ill under the prescribed definition
So if RA is a terminal illness then they cannot take away any section that you had from your DLA. I have spoken to them and I am waiting for a call from a manager to put this to them. Because under the terminally ill section it says that you do not need to fill in the form for PIP all you need to do is get your Dr to right a letter on the DS1500 form. I will keep you all informed of what happens.
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Hi, just read your post and totally agree. Having worked with people who have terminal illness s and filled in the forms for PIP yes they do not need to be assessed and there benefit should be dealt with within 7 day's. Thing is how medically experienced was your assessor. Hope it goes well. Take care Linda
Thank you for this informative post I will look into that the terminal illness rules usually anticipate death within a year and if you exceed 2years you are reassessed,my rheumatology nurse told me I have a aggressive form of ra and its terminal but I don't think I will kick the bucket for some time so DWP definition of terminal is questionable
I agree,I've had aggressive RA all over since 2002, last October I was diagnosed with pulmonary fibrosis caused by rheumatoid nodules. This is untreatable and anything you read up on gives a restricted life span or reduced but that's not taken into consideration for PIP.
Pity we can't get together and quote discrimination against DWP or go on strike because of the way we are treated. Linda x
Ra is in the top few conditions that qualifies for ESA support group as progressive you should not have to keep going to these medicals if you condition is no going it just stressful
Hi June, I hadn't even thought about trying for esa as I had to give up work recently but my husband earns a good wage. Does that not work against me? Its annoying as I'm 57 on Tuesday but always worked and never.claimed any benefits. I went for a pip assessment 4 weeks ago and don't feel that it went well.
This sounds like either the assessor has totally misinterpreted the terminal illness rules, or they have mixed your notes up with someone else. The definition is " If you’re living with a terminal illness and your death ‘can reasonably be expected’ within the next six months, your claim for certain benefits can be fast-tracked and paid at the highest rate." RA as far as I am aware on its own has never been considered a terminal illness, though it is possible that certain rare complications of RA might be - though even nasty rare complications like systemic amyloidosis still would usually have you with a much much greater than 6 month expected life span. Many autoimmune conditions are thought to reduce your lifespan slightly, but that isn't the same as having a terminal illness. That report sounds really odd and slightly crazy to me.
You might want to go and discuss with your doctor what might have been in your medical reports that would lead the assessor to believe that you might have had a terminal illness.
I'm not wanting to dampen your hopes Alan, just so I'm correct in my thinking does the choice under the statement show as follows?
___________
Although they have not claimed under the terminal illness provisions, in my opinion they are terminally ill under the prescribed definition:
Yes ●
No ○
__________
If this is correct I'm not to sure how you would stand with this, under the terminal applications Gov.UK states
"What you need to know if you’re terminally ill
You can get PIP more quickly if you’re not expected to live more than 6 months.
Call DWP to start your PIP claim and then send them form DS1500 (you can only get this form from a doctor or other healthcare professional).
You will not need to complete the ‘How your condition affects you’ form or go to a face-to-face consultation."
--------
Further information from Carers UK
"If you have a terminal illness. Special rules allow people who are terminally ill to get help quickly. You are considered to be terminally ill if you have a progressive illness that is likely to limit your life expectancy to six months or less. It is impossible to say exactly how long someone will live and some people who receive PIP under these rules live much longer than six months.
Under these special rules you do not have to satisfy the qualifying period (ie that you have had the disability or been in ill health for at least three months, and that you are likely to have the disability or been in ill health for a further nine months). You also do not have to have been present in Great Britain for 104 weeks out of the last 156 weeks before claiming – you only need to be present at the time of claiming.
If you are claiming PIP under these rules, your claim should include a DS1500 form which is available from your GP or consultant. You (or the person making the claim on your behalf) will be given a freepost address for the DS1500 when you make the claim over the phone.
You will not have to complete the 'How your disability affects you' form and will not need a face-to-face consultation. Instead, you or the person claiming on your behalf will be asked some extra questions whilst you are on the phone about your condition and how it affects your ability to get around.
You will automatically qualify for the enhanced rate of the daily living component, however payment of the mobility component will depend on whether you need help to get around, and if you do how much help you need.
The way to claim for terminally ill people is by telephone on 0800 917 2222. The phone call can be made by someone supporting you without you needing to be present. However, you should be told about the claim because the DWP may need to contact you to verify your details and the DWP will send notifications and any payment to you."
I'm concerned given the above info this is something which the DWP may try to wriggle out of, that the person who assessed you has incorrectly understood that it's a terminal disease (misunderstanding that terminal means life-long, chronic - in which case the chosen option should be No), that said you may have a case. I think the important thing here is what it is you're quoting from & the actual wording that those with a terminal illness transferring from DLA to PIP are entitled to the same award as received on DLA. I strongly suggest you don't try to tackle this off your own back, ask either your local CAB or Welfare Rights Officer, your local Town Hall should be able to give you contact details.
I can't believe I am reading this. Sorry to be so blunt BUT RA is not a terminal illness in . Yes it may well kill you in the long or short term but then can so many other diseases....diabetes, heart disease, cancer, etc......There is no point appealing the DWP ruling...... Please get real folks
"If you’re living with a terminal illness and your death ‘can reasonably be expected’ within the next six months, your claim for certain benefits can be fast-tracked and paid at the highest rate."
Yes whoever used the termonology was wrong. It is a long term condition like so many. There is no cure for lots diseases butt they are not all going to kill you in 6 months.
I must be very lucky as after 45 years of joint destruction & many surgeries, my disease is not classed as terminal, only chronic aggressive polyarticular.
I'm sorry to hear that Lee. I can't offer much help with that but have gone through the PIP process & been awarded it. I just phoned the DWP & asked them to send the application form, you'll find their number on this link gov.uk/pip/how-to-claim.
I don't know if you realise but you could have applied for it whilst still working as it's not means tested, anyhow start the ball rolling asap, if you're awarded it payment is backdated to when you initially requested the application form. I don't think there's the backlog from when I applied but it makes sense the sooner the better.
Good luck & if you need any help or tips on filling out the form through to assessment just ask, there are lots of us who've gone through the process.
Many thanks nomoreheels, I'll check that out. I also need to decide if I can do a part time job, want to keep myself busy without knackering me out completely!
I always use the Benefits and Work website and their downloadable leaflets but having attended an NRAS meeting recently where a CAB ESA & PIP appeals solicitor spoke, he invited everyone to go to the CAB to fill in the forms.
Personal Independence Payment (PIP) is a benefit for people aged between 16 & 64 who because of a long-term illness or disability may need help with daily activities or getting around. PIP has replaced Disability Living Allowance for anyone making a new claim. It's not means-tested.
Employment & Support Allowance (ESA) is a benefit for people who are unable to work due to illness or disability. There are 2 types of ESA, & you may be entitled to one or both of them: Contribution-based ESA - you can get this if you've paid enough National Insurance contributions. It's taxable. Income-related ESA - you can get this if you have no income or a low income. You don't have to have paid National Insurance contributions. It isn't taxable.
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