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DLA to PIP NO AWARD
- emsher22
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8 years 1 month ago #155233 by emsher22
DLA to PIP NO AWARD was created by emsher22
I have received my PIP decision letter today and I am gutted, Despite using your guides I have only scored 4 points in the mobility and zero points in Care. I cannot understand as I have been in receipt of low rate care for nearly 10 years and high rate mobility for 4 years. I have used your Guides before and was successful in migrating from Incapacity Benefit to ESA and I am in the Support Group. I have Fibromyalgia/CFS, Anxiety , Agoraphobia and Depression, They say that the information I provided on the form does not relate to the Medical Assessors report of my illness on the day of my assessment. What the Assessor has apparently written about me does not seem to be how I recall the answers I gave about my illness and the help I need in aspects of care and mobility. I am of course going to ask for them to reconsider but with them using the Medical Assessors Report again , I cannot see how they will change their decision. My DLA stops on the 27th April, my Motobility car , which is my lifeline to have any form of independence on the days I can leave the house will have to be returned. So upset right now, Any advice would be much appreciated.
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- Gordon
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8 years 1 month ago #155243 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP NO AWARD
sssh
Sorry to hear this!
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
Sorry to hear this!
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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