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dla to pip refusal
- soontjen
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9 years 2 months ago #152968 by soontjen
dla to pip refusal was created by soontjen
I was in receipt of indefinite DLA then DLA to PIP refused
I suffer from angina , copd , spine pars defect ,mild depression ect and get all the horrible affects
after reading your report on malicious fraud claim generates pip invitation ?
I had a letter to claim pip a few month's ago after an aggressive neighbour abused me in the street
over the last few year's he's accused me and family of all sorts of unfounded thing's
shouting
" benefit cheat we have got you know youll get it your going to be on tv benefit cheats ? he also told me he watches me in the garden " ? which he does constantly I've seen them holding the phone's up the window's as if filming me I think they are troubled / possessed with our life . very childish I know
but raises the question I think I have been maliciously reported how would I know ?
surely if I had done something wrong I would have been had for fraud ?
since December the stress and worry this as caused me is unbelievable not to mention the financial side and restricted me going out
after the pip assessment I was refused , with loads of contradiction's and inaccuracies they even refered to me as she ?
after a mandatory reconsideration I was refused , it just returned the same as above
i'm loosing the mental / physical strength to fight back
would it be worth appeal tribunal?
thank you in advance
I suffer from angina , copd , spine pars defect ,mild depression ect and get all the horrible affects
after reading your report on malicious fraud claim generates pip invitation ?
I had a letter to claim pip a few month's ago after an aggressive neighbour abused me in the street
over the last few year's he's accused me and family of all sorts of unfounded thing's
shouting
" benefit cheat we have got you know youll get it your going to be on tv benefit cheats ? he also told me he watches me in the garden " ? which he does constantly I've seen them holding the phone's up the window's as if filming me I think they are troubled / possessed with our life . very childish I know
but raises the question I think I have been maliciously reported how would I know ?
surely if I had done something wrong I would have been had for fraud ?
since December the stress and worry this as caused me is unbelievable not to mention the financial side and restricted me going out
after the pip assessment I was refused , with loads of contradiction's and inaccuracies they even refered to me as she ?
after a mandatory reconsideration I was refused , it just returned the same as above
i'm loosing the mental / physical strength to fight back
would it be worth appeal tribunal?
thank you in advance
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- Gordon
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9 years 2 months ago - 9 years 2 months ago #153007 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla to pip refusal
soontjen
Welcome to the forum.
Whilst I can certainly understand your concern about his neighbour I think it unlikely that any report that they might have made to the DWP about your benefits would have resulted in your being invited to claim PIP, there would have to have been an investigation by the DWP as to whether the issues raised were of merit and I would have expected them to have contacted you about this if there was an investigation.
I think it's much more likely that you were simply selected at random for transfer to PIP.
If your claim was refused then you have two options.
You can make a new claim immediately.
You can challenge the Decision on your original claim.
If you decide to challenge the Decision then first stage 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.
Whilst I can certainly understand your concern about his neighbour I think it unlikely that any report that they might have made to the DWP about your benefits would have resulted in your being invited to claim PIP, there would have to have been an investigation by the DWP as to whether the issues raised were of merit and I would have expected them to have contacted you about this if there was an investigation.
I think it's much more likely that you were simply selected at random for transfer to PIP.
If your claim was refused then you have two options.
You can make a new claim immediately.
You can challenge the Decision on your original claim.
If you decide to challenge the Decision then first stage 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
Last edit: 9 years 2 months ago by Gordon.
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