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DLA switch to PIP
- Louise Kramer
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6 years 8 months ago #218000 by Louise Kramer
DLA switch to PIP was created by Louise Kramer
I switched from DLA to PIP and to my shock received zero points on everything. On DLA I had enhanced care and standard mobility. The Mandatory Appeal had same result-zero points. I challenged them for not contacting my support worker or GP but they said the didntfeel it necessary.
Now I have to appeal to tribunal.
I have PTSD, anorexia, heart failure syndrome which is why my DLA care was high, I am in shock and so distressed. I am awaiting a re-start for Traumatherapy following a near fatal heart attack but PIP say I have bare minimal input about therapy. I explained it was stoppe due to the heart attack and have re-applied but they are so dismissive. The Nurse who did my assessment worked on a ward next to mine (before I retired) and feel she treated me unfairly as I was a NHS whistleblower and my name was well known in the hospital. They didnt address my concerns.
When the rejection letter arrived on saturday I just wanted to kill myself, I was so upset but now I have to hope the Tribunal will over turn their decision
Now I have to appeal to tribunal.
I have PTSD, anorexia, heart failure syndrome which is why my DLA care was high, I am in shock and so distressed. I am awaiting a re-start for Traumatherapy following a near fatal heart attack but PIP say I have bare minimal input about therapy. I explained it was stoppe due to the heart attack and have re-applied but they are so dismissive. The Nurse who did my assessment worked on a ward next to mine (before I retired) and feel she treated me unfairly as I was a NHS whistleblower and my name was well known in the hospital. They didnt address my concerns.
When the rejection letter arrived on saturday I just wanted to kill myself, I was so upset but now I have to hope the Tribunal will over turn their decision
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6 years 8 months ago #218012 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA switch to PIP
L
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
DLA could be awarded due to a general need for care, PIP has no equivalent to this, any risk must be specifically detailed in regard to the PIP activities, also, a DLA HRC award is made for fundamentally different reasons than PIP, there is in effect no equivalent.
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, the PIP area also has 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 explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
DLA could be awarded due to a general need for care, PIP has no equivalent to this, any risk must be specifically detailed in regard to the PIP activities, also, a DLA HRC award is made for fundamentally different reasons than PIP, there is in effect no equivalent.
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, the PIP area also has 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
The following user(s) said Thank You: Louise Kramer
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- Louise Kramer
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6 years 8 months ago #218133 by Louise Kramer
Replied by Louise Kramer on topic DLA switch to PIP
I have responded to each of the criterea carefully after reading your wonderful guides. I will also call PIP for a copy of the assessment. I have sent off my Appeal to the Tribunal with all supporting evidence, including letter from my Support Worker which explains in detail the impact of my PTSD on my everyday life. This is so stressful and especially knowing the Tribunal hearing can take many months. It makes me wish I hadnt switched to PIP and stayed on DLA-loosing that money is going to make it difficult getting to medical appointments
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