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DLA to PIP 0 points
- kian22
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5 years 1 month ago #246005 by kian22
DLA to PIP 0 points was created by kian22
Hi, I’ve never posted before but need help.
In 2005 I was awarded higher rate mobility and Lower rate care for life at a tribunal. I had unsuccessful spinal surgery in 2002 and have had severe pain and mobility problems since.
I just received my PIP letter stating that I have scored 0 points. The letter stated that in my home assessment I could rise from a chair without problems which was an absolute lie. Could walk more than 20 meters but I was never asked to walk at all and a whole load of other what I can only call lies. My wife was with me at the assessment and she is as shocked as me at the complete pack of lies that have been stated and bore no relation to what actually happened. I’m besides myself with worry now how I will be able to get around now. I supplied the most recent mri scans and reports as well. None of this seems to have been taken into account.
Can anyone advise me where to go next to get help. I just feel like I can’t fight this anymore and don’t want to carry on.
Thank you in advance.
In 2005 I was awarded higher rate mobility and Lower rate care for life at a tribunal. I had unsuccessful spinal surgery in 2002 and have had severe pain and mobility problems since.
I just received my PIP letter stating that I have scored 0 points. The letter stated that in my home assessment I could rise from a chair without problems which was an absolute lie. Could walk more than 20 meters but I was never asked to walk at all and a whole load of other what I can only call lies. My wife was with me at the assessment and she is as shocked as me at the complete pack of lies that have been stated and bore no relation to what actually happened. I’m besides myself with worry now how I will be able to get around now. I supplied the most recent mri scans and reports as well. None of this seems to have been taken into account.
Can anyone advise me where to go next to get help. I just feel like I can’t fight this anymore and don’t want to carry on.
Thank you in advance.
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- Gary
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5 years 1 month ago - 5 years 1 month ago #246008 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA to PIP 0 points
Hi kian22
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
Unfortunately you are not alone and we hear this numerous times on this forum and I also come across it in my day job.
There is a small window for you to write to the Decision Maker but you will need to be quick.
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.
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.
The way DLA was awarded is different from how PIP is. PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.
We have a very substantial guide on the PIP process and it will walk you through every step.
You can either download it - it is very large (93 pages)
www.benefitsandwork.co.uk/help-for-claimants/pip
or you can read each section of the same guide online in separate parts.
www.benefitsandwork.co.uk/help-for-claim...pip/pip-claims-guide
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 you 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.
Lastly, make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gary
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
Unfortunately you are not alone and we hear this numerous times on this forum and I also come across it in my day job.
There is a small window for you to write to the Decision Maker but you will need to be quick.
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.
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.
The way DLA was awarded is different from how PIP is. PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.
We have a very substantial guide on the PIP process and it will walk you through every step.
You can either download it - it is very large (93 pages)
www.benefitsandwork.co.uk/help-for-claimants/pip
or you can read each section of the same guide online in separate parts.
www.benefitsandwork.co.uk/help-for-claim...pip/pip-claims-guide
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 you 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.
Lastly, make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 month ago by Gary.
The following user(s) said Thank You: kian22
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- kian22
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5 years 1 month ago #246012 by kian22
Replied by kian22 on topic DLA to PIP 0 points
Many thanks for that Gary. So are you saying that I shouldn’t be asking for a mandatory reconsideration in the first instance? I only have about 3 weeks in which to do this.
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- BIS
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5 years 1 month ago #246016 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA to PIP 0 points
Hi Kian22
I think from what you have said you already have your decision letter (so you can't write to the decision maker). If I am correct then you need to put in for the Mandatory Reconsideration now. (You don't have to send it immediately). You should also at the same time ask for a copy of your assessment report which can take up to ten days to arrive.
BIS
I think from what you have said you already have your decision letter (so you can't write to the decision maker). If I am correct then you need to put in for the Mandatory Reconsideration now. (You don't have to send it immediately). You should also at the same time ask for a copy of your assessment report which can take up to ten days to arrive.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #248372 by kian22
Replied by kian22 on topic DLA to PIP 0 points
Thank you all so much for your help. I sent off the the forms for a mandatory reconsideration and bullet pointed all the things that were incorrect/ downright lies/ and things not taken into consideration in the assessors report, and am delighted and relieved to say that they have now awarded me enhanced rate on both counts. They also say my award will run until 2029. It’s a better outcome than I could have ever imagined especially without having to go to an appeal tribunal.
To all of you in the same position, never give up!
Thank you again for all the wonderful guides and info on this site, it’s invaluable. God bless
To all of you in the same position, never give up!
Thank you again for all the wonderful guides and info on this site, it’s invaluable. God bless
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4 years 11 months ago #248373 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP 0 points
kian
That is tremendous news, very pleased for you, well done and congratulations on getting the Decision revised.
Gordon
Tags: @RESULT @PIP @MR
That is tremendous news, very pleased for you, well done and congratulations on getting the Decision revised.
Gordon
Tags: @RESULT @PIP @MR
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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