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DLA to PIP problems
- Jessa
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8 years 7 months ago #141359 by Jessa
DLA to PIP problems was created by Jessa
Hi,
I joined recently due to my DLA claim being moved over to PIP and used the guides to fill in the form. I've been through the process and I find myself in the position of having to appeal.
I've been on DLA for the last seven years. I've been getting low rate mobility and high rate care. I have been reassessed and, following a WCA by Atos, I have been given 9 points for care and 4 for mobility so I have been awarded standard care with no mobility for four years.
I expected to have problems so I can't say I'm surprised but it's sent me into a depressive spiral. I have a mortgage, so with the new lower rates for that, I'm now down by about £350 a month.
My WCA wasn't horrific but I can assume that it's not accurate by the result. I know to appeal I have to get a copy of it but I don't know if I can bear to see lies that someone has said about me. The DWP have taken almost everything away from me but I won't let them take my integrity. It's too important to me and by saying what they have, they are calling me a liar, which is pretty much the worst thing they can call me.
I am grateful that at least I got something. I know many people don't. I have extreme mental health problems, which include PTSD, insomnia and depression. I suffer from suicidal ideation, which had been fairly quiet over the last couple of months but now I can hear it screaming at me everyday.
My partner is unwell too and is fearful about when his DLA is swapped over. His award is until 2017 so I've said not to worry yet. He is quite wrapped up in his own problems to be able to help with mine. I have a supportive mother but I don't want to bother her if I can avoid it. (She came with me to the WCA.)
I know I have to go through the mandatory reconsideration stage. Can anyone give me any thoughts on how to get through this?
Jessa
I joined recently due to my DLA claim being moved over to PIP and used the guides to fill in the form. I've been through the process and I find myself in the position of having to appeal.
I've been on DLA for the last seven years. I've been getting low rate mobility and high rate care. I have been reassessed and, following a WCA by Atos, I have been given 9 points for care and 4 for mobility so I have been awarded standard care with no mobility for four years.
I expected to have problems so I can't say I'm surprised but it's sent me into a depressive spiral. I have a mortgage, so with the new lower rates for that, I'm now down by about £350 a month.
My WCA wasn't horrific but I can assume that it's not accurate by the result. I know to appeal I have to get a copy of it but I don't know if I can bear to see lies that someone has said about me. The DWP have taken almost everything away from me but I won't let them take my integrity. It's too important to me and by saying what they have, they are calling me a liar, which is pretty much the worst thing they can call me.
I am grateful that at least I got something. I know many people don't. I have extreme mental health problems, which include PTSD, insomnia and depression. I suffer from suicidal ideation, which had been fairly quiet over the last couple of months but now I can hear it screaming at me everyday.
My partner is unwell too and is fearful about when his DLA is swapped over. His award is until 2017 so I've said not to worry yet. He is quite wrapped up in his own problems to be able to help with mine. I have a supportive mother but I don't want to bother her if I can avoid it. (She came with me to the WCA.)
I know I have to go through the mandatory reconsideration stage. Can anyone give me any thoughts on how to get through this?
Jessa
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- Gordon
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8 years 7 months ago #141367 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP problems
Jessa
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
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
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
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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