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Journey from DLA to PIP

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8 years 4 months ago #145915 by Swabaxter
Journey from DLA to PIP was created by Swabaxter
I have a mental health condition (Mood Disorder) that severely impacts my ability to navigate through the benefits system. Although I subscribe to Benefits and Work and rate it as a great resource when I am depressed I'm not able to use the material. I'm not able to concentrate and my memory is impaired.
It was about 3 years ago that I applied for both ESA and DLA at the same time. My ESA case eventually went to Tribunal which I won. DWP decided to award me the low rate of both Care and Mobility based on the ESA Tribunal decision. I believed at the time that this DLA award was too low but my poor health prevented me from pursuing an appeal.
When PIP became available I was on a bit of a high (very optimistic and not fully recognising the difficulty of pursuing a claim but also unable to find anyone to advise me) I decided to apply.
That brings me to yesterday when at Appeal I lost my case i.e. have no award of PIP.
My representative has told me he will obtain the Statement of Reasons which I am interested to see once it is made available to me.
Looking back over the course of events I see the following issues
1. My PIP2 form was completed by CAB but it was done in the course of one hour and reviewing it now I see that its not of the standard I would have liked although at the time I myself was too ill
to try to revise it or improve it.
2. My experience at the ATOS assessment was unsatisfactory with the assessor being a Nurse who had not read my Medicals reports that I had submitted at DWP. She rushed me for the last 20 minutes and did not make it clear what descriptor she was addressing, refer to my PIP2 form nor give me a chance to ensure that I had explained my daily living nor mobility issues.
3. The ATOS experience made me very ill (I complained about ATOS via my MP) and that meant I could not myself review the documentation properly to ask for a reconsideration and then to appeal. It was only 2 weeks before my appeal that I found a Disability Rights Advisor who acted as my representative at Appeal.
4. At no time did by representative discuss with me the ATOS report nor did he challenge it at the appeal. He incorrectly assumed that supporting evidence I had given to him had been lodged with the Tribunal (although the Tribunal logs every document and numbers it so I believe this is something he should have checked).

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8 years 4 months ago #145921 by Gordon
Replied by Gordon on topic Journey from DLA to PIP
Stephen

I'm not sure you have asked a question?

You can only challenge the Tribunal Decision if you can show that they have made an Error of Law during the hearing, none of the points you !mention would be relevant to this.

You need to wait for the Statement of Reasons to see whether there is an Error, your advisor can help you with this.

As you have no current award, you can make a new claim for PIP immediately but this is again something to discuss with your advisor.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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