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DLA to PIP (DISASTER!)
- Sparrow
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9 years 1 week ago #133410 by Sparrow
DLA to PIP (DISASTER!) was created by Sparrow
Hi Everyone,
My genetical condition deteriorated and I contacted DWP as I was getting LOW care and HIGH mobility for Life. However, I required 24/7 care support and developed complications a and further medical conditions.
I had a terrible F2F (refused to even look at supporting evidence, turned up two hours early whilst I was at a hospital appointment, then two hour after my allocated appointment and said that I had too many conditions to note at 4pm on a Friday so will select a couple!!)
She couldn't do a muscular skeletal assessment - her words as she could tell how I'll and in pain I was, however despite 24/7 care, I can cook, shower, dress independently!!! She even answered questions about continence etc that she hadn't asked me!!)
I have asked for a reconsideration and I am putting in a complaint regarding the health professional.
My problem, in October 2014 DWP STOPPED paying my benefit (I was told whilst I await PIP outcome - but I still had to pay for my care!!) they have not back dated any payments and they are saying I didn't apply for PIP within 28 days, but I did!!!!???? I am getting no where with calls to DWP, p,ease help as I cannot afford this care otherwise.
Should my disability benefits have been stopped? I feel this is unlawful as I still had a Disabilit limiting my activities and life but they didn't contribute towards care and equipment during this time?! Should I entitled to a backdated payment?
This is so stressful, we are incredibly I'll and have to deal with this injustice. Those who can do more, are capable of fighting but what about those who are powerless and without a voice?
My genetical condition deteriorated and I contacted DWP as I was getting LOW care and HIGH mobility for Life. However, I required 24/7 care support and developed complications a and further medical conditions.
I had a terrible F2F (refused to even look at supporting evidence, turned up two hours early whilst I was at a hospital appointment, then two hour after my allocated appointment and said that I had too many conditions to note at 4pm on a Friday so will select a couple!!)
She couldn't do a muscular skeletal assessment - her words as she could tell how I'll and in pain I was, however despite 24/7 care, I can cook, shower, dress independently!!! She even answered questions about continence etc that she hadn't asked me!!)
I have asked for a reconsideration and I am putting in a complaint regarding the health professional.
My problem, in October 2014 DWP STOPPED paying my benefit (I was told whilst I await PIP outcome - but I still had to pay for my care!!) they have not back dated any payments and they are saying I didn't apply for PIP within 28 days, but I did!!!!???? I am getting no where with calls to DWP, p,ease help as I cannot afford this care otherwise.
Should my disability benefits have been stopped? I feel this is unlawful as I still had a Disabilit limiting my activities and life but they didn't contribute towards care and equipment during this time?! Should I entitled to a backdated payment?
This is so stressful, we are incredibly I'll and have to deal with this injustice. Those who can do more, are capable of fighting but what about those who are powerless and without a voice?
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- Gordon
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9 years 1 week ago #133420 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP (DISASTER!)
Sparrow
From your post it sounds as if you were in an active PIP postcode when you reported your Change of Circumstances for DLA and as a result of this you were invited to claim PIP. This being the case and no PIP award being made then your DLA would cease being paid four weeks after the date of the PIP award.
Do you claim ESA? If not and your GP is prepared to issue a Fit Note then you can receive the ESA Assessment rate after about two weeks.
I am concerned that this occurred last October and yet you say you asked for a reconsideration to be done, the DWP are often slow at processing a request but it would be unusual for it to take five months.
Did you make the request over the phone and have you had any communication from the DWP since doing so?
If you did make the request by phone and have heard nothing since then I am afraid it is possible that it has been lost in mire of DWP administrative incompetence.
In either case, if the DWP have not confirmed to you that they are performing a Mandatory Reconsideration then I would suggest that you make a new request in writing, explaining that your original request appears to have been lost. Our PIP MR and Appeal guide has details of the process and template letters that you can use.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your post suggests that you have a copy of the assessors report, if this is not the case then phone the DWP office that dealt with your claim for a copy, but follow up the request in writing.
Your primary aim is to show that you meet the criteria for a PIP award so I would go through the report with our PIP Claim guides to see where you failed, with the intention of correcting any problems that you can see. Although you have already made a complaint about the assessor, do not get caught up in disputing the report except in areas where you can show that it is factually incorrect, arguing against the assessor's opinion is much more difficult and you should only consider doing so if you have medical evidence that directly shows that the assessor is wrong.
If we can help more then please reply to this post and we will do our best to help.
Gordon
From your post it sounds as if you were in an active PIP postcode when you reported your Change of Circumstances for DLA and as a result of this you were invited to claim PIP. This being the case and no PIP award being made then your DLA would cease being paid four weeks after the date of the PIP award.
Do you claim ESA? If not and your GP is prepared to issue a Fit Note then you can receive the ESA Assessment rate after about two weeks.
I am concerned that this occurred last October and yet you say you asked for a reconsideration to be done, the DWP are often slow at processing a request but it would be unusual for it to take five months.
Did you make the request over the phone and have you had any communication from the DWP since doing so?
If you did make the request by phone and have heard nothing since then I am afraid it is possible that it has been lost in mire of DWP administrative incompetence.
In either case, if the DWP have not confirmed to you that they are performing a Mandatory Reconsideration then I would suggest that you make a new request in writing, explaining that your original request appears to have been lost. Our PIP MR and Appeal guide has details of the process and template letters that you can use.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your post suggests that you have a copy of the assessors report, if this is not the case then phone the DWP office that dealt with your claim for a copy, but follow up the request in writing.
Your primary aim is to show that you meet the criteria for a PIP award so I would go through the report with our PIP Claim guides to see where you failed, with the intention of correcting any problems that you can see. Although you have already made a complaint about the assessor, do not get caught up in disputing the report except in areas where you can show that it is factually incorrect, arguing against the assessor's opinion is much more difficult and you should only consider doing so if you have medical evidence that directly shows that the assessor is wrong.
If we can help more then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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