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DLA to PIP
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5 years 5 months ago #240475 by Anne Marie
DLA to PIP was created by Anne Marie
Hi I had a face to face on 23rd October extremely stressful. I’ve been on DLA for 9 years but I’ve since been diagnosed with 5 brain aneurysms and had surgery 3 years ago on one of the aneurysms which was growing. I have chronic back problems to many to mention and other health problems. Since my brain operation I have been left with chronic daily migraine and severe headaches which cause dizziness. I also have chronic fatigue syndrome. I was on higher rate DLA for Mobility and daily living components indefinitely. I received the result of my PIP decision today they have reduced me to standard rate for both. For mobility they scored me 10 points and gave me 0 points for question 11d were I answered that I could not plan and follow a route of a journey unaided. They said my mental state was fine at my assessment. I told the assessor that I cannot go out in a car or anywhere on my own because I have no warning of a migraine attack and because of the severity I need someone with me. My vision goes and I have to lie down immediately as I feel very unwell and unsteady on my feet. I called DWP today and said that I do not agree with my decision and would like to have a mandatory reconsideration. They have said it will take anything up to 10 weeks. Has anyone else had this happen to them. Any advice would be greatly appreciated I’m stressing myself so much which is bad for my brain condition.
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- Gordon
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5 years 5 months ago #240485 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Anne Marie
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
Dealing with the Daily Living award first, did you expect to score 12 or more points for this component? The reasons that DLA HRC was awarded are not replicated in PIP nor is the general need for care.
As to the Mobility, you have to present your case in terms that resonate with the wording in the Descriptors, so you need first of all talk about following a route, from your post you are going to invoke the reliability criteria, specifically safety but also possibly to a necessary standard.
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
Dealing with the Daily Living award first, did you expect to score 12 or more points for this component? The reasons that DLA HRC was awarded are not replicated in PIP nor is the general need for care.
As to the Mobility, you have to present your case in terms that resonate with the wording in the Descriptors, so you need first of all talk about following a route, from your post you are going to invoke the reliability criteria, specifically safety but also possibly to a necessary standard.
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: Anne Marie
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- Anne Marie
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5 years 5 months ago #240542 by Anne Marie
Replied by Anne Marie on topic DLA to PIP
Hi Gordon thank you for your reply. When I called dwp they didn’t say I needed to put anything in writing to them. The person I spoke to said a different decision maker would look at my claim again especially at question 11d were I’ve been awarded 0 points. I expected to get 12 points for daily living too but was awarded 9 points. What do you mean that I’m going to invoke the reliability criteria, specifically safety but also possibly to a necessary standard. I’m sorry for asking for more of an explanation. Thank you.
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- Gordon
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5 years 5 months ago #240565 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
Anne Marie
The Mobility criteria do not take direct consideration of your migraines, so you are going to have to argue that you cannot follow a route reliably because you cannot do so safely.
Have a look at our PIP Claim guide there is a whole section on the reliability criteria.
Gordon
The Mobility criteria do not take direct consideration of your migraines, so you are going to have to argue that you cannot follow a route reliably because you cannot do so safely.
Have a look at our PIP Claim guide there is a whole section on the reliability criteria.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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