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Unsuccessful transition from dla to pip
- dunkley M
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5 years 5 months ago #241518 by dunkley M
Unsuccessful transition from dla to pip was created by dunkley M
From middle rate care and low rate mobility with DLA Indefinite award to 0 points for PIP. Devastated !!!!! It seems that D.I.D. (formerly M.P.D.) has no place in the descriptors. It seems that seeing a Psychotherapist weekly for two and a half years does not count. In my case, ALL the rock solid, genuine professional.support and evidence has been ignored. Can anyone with similar please advise, i don't know which way ton turn. Thank you
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- BIS
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5 years 5 months ago #241524 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Unsuccessful transition from dla to pip
Hi dunkley M
I'm sorry that you didn't get awarded PIP.
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.
I know you have said there is no place in the descriptors for D.I.D. but the descriptors are not written with any specific medical condition in mind, it is all about your ability to fulfill the PIP criteria as laid out in each question. It's good that you have medical evidence and even if you made it clear on your form, in the Mandatory Reconsideration it would be helpful if you could flag up what they said against some of the specific questions. Do make sure that you have read through our guidance and understand how to answer the questions where you expected to receive points and you didn't.
BIS
I'm sorry that you didn't get awarded PIP.
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.
I know you have said there is no place in the descriptors for D.I.D. but the descriptors are not written with any specific medical condition in mind, it is all about your ability to fulfill the PIP criteria as laid out in each question. It's good that you have medical evidence and even if you made it clear on your form, in the Mandatory Reconsideration it would be helpful if you could flag up what they said against some of the specific questions. Do make sure that you have read through our guidance and understand how to answer the questions where you expected to receive points and you didn't.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dunkley M
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