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DLA to pip help after award letter

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8 years 7 months ago #140820 by fluffy25
DLA to pip help after award letter was created by fluffy25
Hi everyone I have been looking at this site and your monthly emails for a year or 2 now and it has helped me become quite clued up on DLA and PIP matters, I now have the need to post and ask for help and advice.

Basically my wife has been in receipt of DLA for appro 6 years now 3x 2 year awards. Her 1st award was for HRC and LRM then 2x 2 year awards of HRC and HRM

I will now try and list her conditions of which she has many

Quite bad OCD
Complex PTSD
Body dysmorphia
Bulimia
Generalised Anxiety disorder
Depression
And a few physical probs which I am not sure about but will try and list
Sciatica
Facet joint
Bursitis
Oestopinea
And some issues with her C spines (I think that is correct)

Meds taken are
Oxycodone liquid
Pregabalin
Naproxen
Codeine
Cyclizine
Lansoprasol
Escitalopam
Cholipramine

My wife is 37 and has had to apply for pip and the result was a reduction in HRC to standard care pip (8 points) which is a pain but we are happy to get anything in the care sense so wouldn't rock the boat to appeal that, what we would like to appeal is the mobility side for which she was give 4 points for descriptor b n activity 12 moving around which again is not what we believe to be correct but again are happy with any points

As no mobility was awarded her car is to be taken back in 3 weeks, what I would like help on is the award of 0 points in activity 11 following journey

We believe that she should have been given 10 points for this for descriptor F unable to follow unfamiliar journey as she has so many mental health diagnosis she never goes out alone if at all and she will only ever undertake unfamiliar journeys with me or a friend and she even has letter from go and psychiatrist to say she is always accompanied by me etc but if she ever has to go on a local familiar journey it must be by taxi as she could not use public transport what so ever. What do we do from here to try and protect her much needed car? She has always been given points for unfamiliar journeys as even b4 she got HRM DLA she was always awarded LRM specifically for mental health needs? Please any help and advice would be appreciated. We only got pip decision letter yesterday so have done nothing as yet. Oh and just to add the health professional at her medical did ask can she follow journey and we said no?

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8 years 7 months ago #140831 by Gordon
Replied by Gordon on topic DLA to pip help after award letter
Fluffy

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Unfortunately the change in Daily Living (Care) award is not unusual, DLA awarded HRC because the claimant had care needs both day and night, PIP looks at the severity of the claimants problems and takes no real account of how long through the day that they are effected.

The requirements for the Mobility component are one of the areas where the PIP criteria are clearly more severe than those for DLA were, we are seeing a lot of members struggling to meet the criteria for both the Going Out and Moving Around Descriptors.

Have a look at the PIP Claim guide for more details about how the DWP assess claimants for the Mobility, you will need to directly address the issue "prompting" that the DWP guidance raises if you are to score 10 points.

You do need to be aware that although you can request the DWP only look at the Mobility component they can and regularly do extend their review to both, the risk tends to be low but we do have member who have lost their awards when appealing.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum 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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8 years 7 months ago #140837 by fluffy25
Replied by fluffy25 on topic DLA to pip help after award letter
Hi Gordon many thanks for your swift reply, as its my wife's claim I shall get her to ring DWP for a copy of the decision when we get home from the school run

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