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DLA to PIP transfer - Award letter inaccuracies
- Rocdrake69
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5 years 5 months ago #240915 by Rocdrake69
DLA to PIP transfer - Award letter inaccuracies was created by Rocdrake69
I have just received my PIP award after a stressful 10 week wait.
I was previously on higher rate care and mobility and have a motability car, my new award is for higher care and lower mobility meaning that I will lose my car.
My problem is that I have lost 10 points from my care score and 10 points from my mobility score and the reasons given bear no relation to the answers given on my PIP1003 form or at my F2F assessment.
My awards letter claims that I am able to prepare a meal even though I stated on my form and at my F2F that due to a severe tremor and muscle weakening in my limbs I am unable to do any cooking. My condition also means that I require my wife's assistance with washing and dressing but my award states that I only need to use and aid.
Due to my illness I am in constant pain and discomfort, and also suffer from depression due to the fact that I have suffered for most of my life (I am 50 years old) the decision section of my award claims that I did not appear to be agitated, anxious or tense (this is a blatant lie as I am very self-concious of the visible nature of my illness and am constantly tense).
The award also states that I had adequate general memory, concentration and did not require prompting, even though at the beginning of the assessment my wife was asked to stop answering questions because I needed to answer them myself. I informed the assessor that part of my illness is that I have very poor recall (doctors names, dates of hospital visits even my childrens DOB's), a fact that was made quite clear on my form. It also says that I am able to plan and follow the route of a journey unaided, even though I stated on my form and at my assessment that due to my constant pain, anxiety and the knowledge that any journey leaves me unable to function properly for several days afterwards would suggest otherwise.
I have gotten some very useful information from this website and was hoping someone would be able to help with the best way to proceed.
I was previously on higher rate care and mobility and have a motability car, my new award is for higher care and lower mobility meaning that I will lose my car.
My problem is that I have lost 10 points from my care score and 10 points from my mobility score and the reasons given bear no relation to the answers given on my PIP1003 form or at my F2F assessment.
My awards letter claims that I am able to prepare a meal even though I stated on my form and at my F2F that due to a severe tremor and muscle weakening in my limbs I am unable to do any cooking. My condition also means that I require my wife's assistance with washing and dressing but my award states that I only need to use and aid.
Due to my illness I am in constant pain and discomfort, and also suffer from depression due to the fact that I have suffered for most of my life (I am 50 years old) the decision section of my award claims that I did not appear to be agitated, anxious or tense (this is a blatant lie as I am very self-concious of the visible nature of my illness and am constantly tense).
The award also states that I had adequate general memory, concentration and did not require prompting, even though at the beginning of the assessment my wife was asked to stop answering questions because I needed to answer them myself. I informed the assessor that part of my illness is that I have very poor recall (doctors names, dates of hospital visits even my childrens DOB's), a fact that was made quite clear on my form. It also says that I am able to plan and follow the route of a journey unaided, even though I stated on my form and at my assessment that due to my constant pain, anxiety and the knowledge that any journey leaves me unable to function properly for several days afterwards would suggest otherwise.
I have gotten some very useful information from this website and was hoping someone would be able to help with the best way to proceed.
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5 years 5 months ago #240919 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP transfer - Award letter inaccuracies
Rocdrake
What Descriptor(s) did you score the ten points for?
What did you score previously?
The reasons you include in your post would not result in your scoring points for the Going Out activity and that may be why you have scored lower.
The problem with the points for the Daily Living activity is that you still have an Enhanced award, this does not mean that you cannot challenge what has been scored but MRs and appeals are to decide an award, not the points that make it up.
Gordon
What Descriptor(s) did you score the ten points for?
What did you score previously?
The reasons you include in your post would not result in your scoring points for the Going Out activity and that may be why you have scored lower.
The problem with the points for the Daily Living activity is that you still have an Enhanced award, this does not mean that you cannot challenge what has been scored but MRs and appeals are to decide an award, not the points that make it up.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rocdrake69
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5 years 5 months ago #240929 by Rocdrake69
Replied by Rocdrake69 on topic DLA to PIP transfer - Award letter inaccuracies
On my awards letter I got 0 points for planning and following a journey and 10 points for moving around. My higher rate DLA award was given because of the pain and distress that was caused as well as the physical difficulties.
I Realise the care component wouldn't change but didn't know if I should include them if I do a Mandatory Review as they help to highlight the inaccuracies in the letter.
Thanks.
I Realise the care component wouldn't change but didn't know if I should include them if I do a Mandatory Review as they help to highlight the inaccuracies in the letter.
Thanks.
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5 years 5 months ago #240944 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP transfer - Award letter inaccuracies
Rocdrake
The criteria for PIP is very different from that used for DLA.
DLA used a distance of 50m to assess whether someone is virtually unable to walk although it can be longer as it is not defined in law. For PIP the requirement is 20m, there is no flexibility in the distance and the concept of being "virtually unable to walk"
does not exist.
Did you use our PIP Claim guide to help you complete the form?
Gordon
The criteria for PIP is very different from that used for DLA.
DLA used a distance of 50m to assess whether someone is virtually unable to walk although it can be longer as it is not defined in law. For PIP the requirement is 20m, there is no flexibility in the distance and the concept of being "virtually unable to walk"
does not exist.
Did you use our PIP Claim guide to help you complete the form?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rocdrake69
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- Rocdrake69
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5 years 5 months ago #240946 by Rocdrake69
Replied by Rocdrake69 on topic DLA to PIP transfer - Award letter inaccuracies
Gordon
Yes, I used the guide to help me fill in the form, but the DWP seem to have disregarded some of what I wrote and the description of the assessment is completely different from what actually happened and that is what they have based the 0 points for planning a journey on.
Rocdrake
Yes, I used the guide to help me fill in the form, but the DWP seem to have disregarded some of what I wrote and the description of the assessment is completely different from what actually happened and that is what they have based the 0 points for planning a journey on.
Rocdrake
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5 years 5 months ago #240951 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP transfer - Award letter inaccuracies
Rocdrake
As I said earlier the reasons you hope to score for the Going Out activity to not tarry with the Descriptors that would allow you to score.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
As I said earlier the reasons you hope to score for the Going Out activity to not tarry with the Descriptors that would allow you to score.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Rocdrake69
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