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DLA to PIP
- Boots281
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5 years 10 months ago #233066 by Boots281
DLA to PIP was created by Boots281
Hi I had an indefinite award of Dla after going through the Tribunal system as DWP refused me, which was overturned by the Tribunal straight away. I have had to apply for PIP and my face to face was yesterday after having to rearrange for a home visit and the first appointment at home was cancelled at the last minute by Capita.
I am now in a major panic!
I was having a really bad day yesterday and was in bed when the HP came, she seemed very nice, but they always are aren't they? My son was with me and after an introduction and the HP going to the toilet I was bombarded with questions, which she didn't give me enough time to answer properly before she asked the next question. My son tried to help but couldn't get a word in. I also felt she was putting words into my mouth, I cannot prepare and cook a meal, my son does all the cooking for us, HP asked if I could use a microwave, I asked her in what context, a ready meal? which I could put into the microwave but when it's hot I cannot lift out, the HP just sat tapping away on her laptop. For the washing/toilet needs she asked if I used baby wipes, for some reason I said yes, I don't know why I did as I don't use them but felt pressured into saying yes. The planning a journey, which I find impossible to do and causes me extreme distress and panic attacks the HP stated oh you've just got a bad sense of direction. I have a mobility car which I have to park about 25 metres from my home. I have Rheumatoid Arthritis, Peripheral Neuropathy and other health conditions and I really struggle to walk and I am in constant pain just standing up, because of this constant pain I had put I could walk less than 20 metres before I had to stop for a rest, to walk to my car could take me anything up to 30 minutes just to get there. The HP got quite stroppy with me bombarding me with how far I could walk, how many times I had to stop, how long I stopped for, how far, how long! She also wanted me to get out of bed and do some exercises, with all the stress of applying for PIP I have been in bed with a very painful flare, feeling extremely ill, I was in too much pain to even attempt to get out of bed and said I just couldn't do it, I don't think this went down very well.
I know I should not have done it but being in my own home the whole thing was secretly recorded, but now I am in a mass panic about it all which is making me feel even more ill. I know I will be refused and lose my car which will leave me housebound and my son will lose his carers allowance, I know the lies that the HP's put on their reports from applying for DLA, (I had a ATOS doctor state I would be cured of Rheumatoid Arthritis within 6 months) and I've now got to wait 4-6 weeks for the dreaded letter. Is there anything I can do before this letter comes?
I am now in a major panic!
I was having a really bad day yesterday and was in bed when the HP came, she seemed very nice, but they always are aren't they? My son was with me and after an introduction and the HP going to the toilet I was bombarded with questions, which she didn't give me enough time to answer properly before she asked the next question. My son tried to help but couldn't get a word in. I also felt she was putting words into my mouth, I cannot prepare and cook a meal, my son does all the cooking for us, HP asked if I could use a microwave, I asked her in what context, a ready meal? which I could put into the microwave but when it's hot I cannot lift out, the HP just sat tapping away on her laptop. For the washing/toilet needs she asked if I used baby wipes, for some reason I said yes, I don't know why I did as I don't use them but felt pressured into saying yes. The planning a journey, which I find impossible to do and causes me extreme distress and panic attacks the HP stated oh you've just got a bad sense of direction. I have a mobility car which I have to park about 25 metres from my home. I have Rheumatoid Arthritis, Peripheral Neuropathy and other health conditions and I really struggle to walk and I am in constant pain just standing up, because of this constant pain I had put I could walk less than 20 metres before I had to stop for a rest, to walk to my car could take me anything up to 30 minutes just to get there. The HP got quite stroppy with me bombarding me with how far I could walk, how many times I had to stop, how long I stopped for, how far, how long! She also wanted me to get out of bed and do some exercises, with all the stress of applying for PIP I have been in bed with a very painful flare, feeling extremely ill, I was in too much pain to even attempt to get out of bed and said I just couldn't do it, I don't think this went down very well.
I know I should not have done it but being in my own home the whole thing was secretly recorded, but now I am in a mass panic about it all which is making me feel even more ill. I know I will be refused and lose my car which will leave me housebound and my son will lose his carers allowance, I know the lies that the HP's put on their reports from applying for DLA, (I had a ATOS doctor state I would be cured of Rheumatoid Arthritis within 6 months) and I've now got to wait 4-6 weeks for the dreaded letter. Is there anything I can do before this letter comes?
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- BIS
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5 years 10 months ago #233069 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA to PIP
Hi Karen
I would ring the DWP next week and ask them if they have received the report from the assessor. The time this takes varies from one assessor to another. Sometimes it's a couple of days and sometimes it's a week or more. Once they have the report you can request a copy. This is when you will have an idea of what the assessor has recorded and sent to the decision maker.
When you have that report you have a small window to write to the decision maker, detailing some of what has happened.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award. Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Be aware that as you have a car there are two distinct issues with a claimant driving, one that is reasonable and one that is less so.First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it show good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but I think there is little flexibility in this argument.Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk. I (for what it is worth as I don't do assessments) think that this argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey, for example; none of the car parks in my area have lifts that are less than 20m from disabled parking spaces and the Motability shop where I can hire a scooter is the best part of 100m.
BIS
I would ring the DWP next week and ask them if they have received the report from the assessor. The time this takes varies from one assessor to another. Sometimes it's a couple of days and sometimes it's a week or more. Once they have the report you can request a copy. This is when you will have an idea of what the assessor has recorded and sent to the decision maker.
When you have that report you have a small window to write to the decision maker, detailing some of what has happened.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award. Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Be aware that as you have a car there are two distinct issues with a claimant driving, one that is reasonable and one that is less so.First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it show good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but I think there is little flexibility in this argument.Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk. I (for what it is worth as I don't do assessments) think that this argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey, for example; none of the car parks in my area have lifts that are less than 20m from disabled parking spaces and the Motability shop where I can hire a scooter is the best part of 100m.
BIS
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- Boots281
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5 years 10 months ago #233082 by Boots281
Replied by Boots281 on topic DLA to PIP
Hi thank you for your response, regarding my car I stated to HP that I very rarely drive (automatic car) as I have to have a really good day which is very rare, to be able to get in my car and then I only drive to my mums or brothers who both live local to me, we are all in the area I grew up in so I know it very well (mums is 2 mins away) and am able to park on their drive so I literally walk 2 metres from my car to get inside their house, my son is the named driver and when I need to go anywhere else my son takes me. Even if I was well enough to drive I would not be able to undertake any journey to an unfamiliar place on my own. I stay in my local area my son told the HP that he has had to pull over and stop the car to calm me down if he has had to take me somewhere I do not know, The only other places I go to are GP and Hospital appointments where my son would take me and would push me in a wheelchair.
HP stated I would only get a copy of report when they send the decision letter but I will ring DWP next week and ask for a copy of report if they had received it. My son had to fill the PIP form in for me as I am unable to write that much, my hands do not work, and following the guides there was a lot of detailed information put in as to what I can and cannot do and everything my son has to do for me. The HP did give the impression she had read this information but did not give me any opportunity to answer properly when she was bombarding me with questions. At the end of the assessment when I asked what happens now she stated I would receive the decision in 4-6 weeks and they might contact my GP. Is this correct? I assumed if they needed to contact my GP it would be done before the face to face assessment.
HP stated I would only get a copy of report when they send the decision letter but I will ring DWP next week and ask for a copy of report if they had received it. My son had to fill the PIP form in for me as I am unable to write that much, my hands do not work, and following the guides there was a lot of detailed information put in as to what I can and cannot do and everything my son has to do for me. The HP did give the impression she had read this information but did not give me any opportunity to answer properly when she was bombarding me with questions. At the end of the assessment when I asked what happens now she stated I would receive the decision in 4-6 weeks and they might contact my GP. Is this correct? I assumed if they needed to contact my GP it would be done before the face to face assessment.
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- Gordon
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5 years 10 months ago #233085 by Gordon
The Decision may be longer, there are delays in this part of the process.
They may contact your GP but it is very unlikely that this will happen.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Karen wrote: when I asked what happens now she stated I would receive the decision in 4-6 weeks and they might contact my GP. Is this correct? I assumed if they needed to contact my GP it would be done before the face to face assessment.
The Decision may be longer, there are delays in this part of the process.
They may contact your GP but it is very unlikely that this will happen.
Gordon
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- Boots281
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5 years 10 months ago #233132 by Boots281
Replied by Boots281 on topic DLA to PIP
Gordon
Thank you for your reply for this minefield of having to apply for PIP
Thank you for your reply for this minefield of having to apply for PIP
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