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Telephone assessment DLA to PIP 1 month 2 days ago #252398

I have recently had a telephone assessment due to a change from DLA to pip. I have been placed on low rate mobility and nothing for daily care which means I lose our car. I have received high rate mobility and low rate care on DLA since August 2008. I wrote a letter requesting a mandatory reconsideration from which I received the decision on Saturday October the 17th informing me that they would not change the decision.

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Telephone assessment DLA to PIP 1 month 2 days ago #252408

Hi Patrick

I'm so sorry this has happened to you. Only about 17% of Mandatory Reconsiderations are successful. Your only option now if you want to is to put in for an appeal. Be aware these are taking anywhere between 45 and 52 weeks to take place. Obviously that does not help you with the issue of your car.

You can find the guide to appeals in the link below if this is something you wish to do.
www.benefitsandwork.co.uk/help-for-claimants/pip#claims

BIS

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Telephone assessment DLA to PIP 1 month 2 days ago #252423

Hi Patrick

You should contact the DWP for a copy of the assessment report (PA4) 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.

PIP is substantially different from DLA and the criteria are stricter. PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimant's specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

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 you 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.

Lastly, 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.

Use our PIP claim guide:
www.benefitsandwork.co.uk/help-for-claimants/pip


If you have any further questions come back to the forum.

Gary

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Telephone assessment DLA to PIP 1 month 2 days ago #252440

Thanks very much Bis, however, I do not want to go through all of the stress again as I have recurrent depressive disorder and this has taken its toll on me.

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