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DLA to pip turned down
- ladynono
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4 years 10 months ago #233800 by ladynono
DLA to pip turned down was created by ladynono
Unfortunately received letter turning me down,had medical assessment and the nurse lied and said I was calm and not anxious,I was in a right state anxious etc anyway.on the reasons the DM has put because your Raynaud's syndrome only affects you 3- 4 days a week this is not the majority of the time so given me no points,I filled the form out truthfully has to how I was now,it didn't occur to me to explain my condition deteriorates during winter when I have problems practically every day,should I put this down to be considered for my mandatory reconsideration ? Also my mom went with me to the assessment I can't go out alone.she saw the state I was in and couldent believe it when she read the letter it was as if it was a different person the nurse saw,so because of this I'm being turned down for care and mobility,also they say diazapam is not a major tranquilliser and more or less saying because I'm not drugged to the eyeballs I'm fine calm no anxiety I had to take 3 times the dose of my medication just to attend the assessment plus double up on my fluoxetine a week in advance scince the assessment my health is just going downhill my mental health I relied on the money to be able to get to hospital appointments now I don't know how I'm going to be able to afford it,I'm just feeling so down has anyone else been treated like this,is there any hope on turning this decision around.thanks in advance for any help anyone can give me.
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- BIS
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4 years 10 months ago #233803 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA to pip turned down
Hi Ladynono
You are certainly not the only member to have been turned down for PIP after trying to transition over from DLA.
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. If you believe that you misrepresented your illness and the impact on you being able to fulfill the PIP criteria, you should certainly do so if you decide to go for an MR
BIS
You are certainly not the only member to have been turned down for PIP after trying to transition over from DLA.
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. If you believe that you misrepresented your illness and the impact on you being able to fulfill the PIP criteria, you should certainly do so if you decide to go for an MR
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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