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Assistance required please - DLA lied to me!

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9 years 2 months ago #129341 by Sheryle
Hello there.

This is the first time I have written on these forums and I am hoping someone may be able to help me as I am in a bit of a dire situation,

I am and have been for years on benefits due to serious mental health conditions including bipolar affective disorder, complex PTSD, dissociative disorders, depresson and agoraphobia.

I called the DLA because I now have a change in circumstances and as is required, I reported that change. The change is I now also have a degenerative spinal condition (narrowing of neural foraminals due to osteoarthritis osteophytes in the cervical spine) which is causing many physical problems. I have been told there is no cure, only pain relief, yet despite being on a cocktail of medications none of this helps. I cannot self care and do not have a carer, though do have a friend who helps when he is able. I live alone.

The DLA person (Gary) told me he would send me an information pack on PIP and if I wanted to I could claim. I decided against it,but discover to my horror that the "information pack" was actually a phone call this morning from the PIP people and a form is on its way.

Due to my mental health condition I find it very hard to be around people I do not know and due to my agoraphobia simply cannot travel anywhere for an assessment. I do not want a stranger in my home assessing me as this would cause great trauma and my psychiatrist would agree with this. In fact I have not been able to attend Pain Management Info Sessoins due to my mental health condition just outlined and this is in writing.

The whole thing is making me very afraid. I have called DIAL at the recommendation of MIND and they inform me "this happens a lot and people are losing their benefits as a result". They have offered to help me complete the form but if people are losing their benefits when they do this I really am not sure if that is the best way to proceed. I cannot afford to lose my benefit. It pays for a cleaner, it pays for the help that I need. I am now having suicidal thoughts about the assessment. I am happy to fill in a form and supply any evidence they need (I have a lot) but cannot, due to my condition deal with strangers easily. I cannot take my psychiatrist with me to the assessment, obviously and no one else is available. I asked the PIP woman about this and she said it was essential unless I was terminally ill - which I am not.

With the DLA they never have asked me for an assessment due to my doctor explaining how hard that would be for me,but apparently this is different with PIP.

Does anyone have any suggestions or advice for me? I am literally at my wits end here and terrified I will now lose all my benefits.

Please help! Many thanks for reading. It is appreciated.
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9 years 2 months ago #129369 by Gordon
Sheryle

The first thing to say to you is that you are not the only one going through this process so you are not alone.

The best thing I can suggest is for you to deal with it step by step and to only concentrate on what you need to do now, there is no point your worrying about how things may unfold in the future, there are lots if things you can do now that may help you in the longer term with your claim.

As you have reported a Change of Circumstances and appear to be in an active PIP area, this has resulted in a transfer to PIP, having started this process you cannot now escape it, the legislation does not allow for this.

The transfer process is not automatically carried out, so the first thing you need to check is that you have properly started the process, it is likely that this has already been done, but you should check never the less.

The next stage is for you to receive a form to tell the DWP about your condition and problems that you have as a result, you should have a look at our PIP Claim guide for details of how these work.

www.benefitsandwork.co.uk/help-for-claimants/pip

The form is similar to the DLA ones you will have completed before, but there are important difference. If DIAL have offered to help you then I would take up the offer, but I would still read the guide first so that you properly understand the questions being asked.

A well completed PIP form with relevant evidence attached will allow the assessor and the DWP to make a Decision on your claim without the need for them to see you, although this is not guaranteed. We can help you further if a face to face is suggested, so try not to worry about this until and if it happens.

You should have a word with your GP to see how they can help you, it is certainly possible that a letter from you GP can also hep you avoid an assessment and to receive a positive outcome from the change.

Please reply to this post if you have any questions about what I have posted or anything to do with the transfer.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 2 months ago #129392 by Sheryle
Replied by Sheryle on topic Assistance required please - DLA lied to me!
Gordon, Thank you so very much for your kind response. I deeply appreciate it. The whole situation disturbed me so much I ended up having to call the crisis team at the psych department due to panic attacks. This resulted in my psychiatrist writing a letter with my diagnosis on it and suggesting that I do not be put through an interview anywhere, unless by telephone, and stating medically why and how this would potentially affect me. He is sending this to me and marking it "to whom it may concern". I hope this helps. He is asking my GP to do the same and my specialist at the Pain Management Clinic has already put this in writing, for which i am very grateful.

It does help to know I am not alone in this - though it also horrifies me as it is utterly unethical. No one chooses to be this unwell and I would think that specialists do not tend to lie on official paperwork and yet it seems the DWP are happy to blatantly lie to us, when, in my case, all I did was try to be law abiding by advising them of a deteriorative change in my circumstances, as stated to do so on their paperwork.

I will indeed check to ensure that I have properly started the process, and will call them in the morning to be certain. A female called me earlier regarding PIP and asked for various things including bank details, which seemed odd, and read out a long statement asking if they were able to access my old DLA records and my medical records. I said yes, of course! I want them to know what is wrong with me medically! I was spoken to as if I was a deaf and idiotic 10 year old and found the whole thing very distressing.

Thank you so very much for the link. I downloaded the brochure and have read all of it and did the self test and seems from that I more than qualify which reassures me. I will take DIAL up on their offer at your suggestion and be sure that I follow the advice in the brochure regarding it all. I now have the idea of how to complete the form properly when it arrives (or rather for the best) and I am deeply grateful for this information being provided, because I would have done it all completely "wrong". Honestly, but not helpfully. It seems incredible that the whole thing is so complex.

As to evidence I have literally drawers full of reports. I have been in some kind of medical office, specialists or doctors for the past three years at least twice a week and lately probably more,. which is stressful enough without all this. Your words have been very comforting and reassuring and I shall endeavor to take one day at a time as you suggest. I think I just became afraid when DIAL said people who had been in this situation had very often had their claims denied despite being on DLA previously. If it is relevant at all I was awarded indefinite DLA. No idea if that makes a difference.

Thank you so very much regarding what you said about you can help me should I be called to a face to face. That would be so helpful as I genuinely think that would cause me to relapse at this point, as to my medical "team". In the past three years I have gone from frozen shoulder to degenerative spinal disease and also had a bout of cancer (cancer free now for a year) so I am, understandably, a little "done" and not up for a fight with the DWP as I have to focus on my health.

Your kind, helpful and supportive message meant a great deal, helped me enormously and I am incredibly grateful. :) Thank you once again, Gordon.

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9 years 2 months ago - 9 years 2 months ago #129404 by Gordon
Sheryle

Thank you for your comments, try to take it a day at a time, there will be deadlines you will need to meet, but break it down into smaller "units" so that it looks like less of a cliff to climb, maybe just try to answer one question a day or whatever fits with your capabilities.

The letter from your should be of considerable help and if this can be supported by one from your GP, even better.

Hopefully DIAL will be able to provide the extra help you need.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 2 months ago by Gordon.
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