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DLA to PIP for child, MR help!
- zoelikesjam
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3 years 11 months ago #259629 by zoelikesjam
DLA to PIP for child, MR help! was created by zoelikesjam
Hey guys,
I'm not new to B&W but i am new to the forums, so sorry if I've got this in the wrong place or any other problems!
We applied for DLA several times for our daughter, and never really got very far as we had little evidence to show her problems. However we carried on trying on the advice of our GP. In August 2019 she was refused once again, but with help from here and a Facebook group we forged ahead with an MR with every intention of fighting it this time round.
The MR overturned the original decision and she was awarded top daily care and middle mobility. She daughter turned 16 last Oct, so we got the dreaded letter from DWP asking to move over to PIP
We had the decision yesterday and to say I'm annoyed would be an understatement!
They've awarded her standard for both mobility and care. With a deficit of just four points, which should have been more than awarded meaning she drops down significantly.
I kind of expected it, but reading through the decision i really am concerned about a few things.
I rang them to request an MR and have the forms ready to be posted in the morning so I'm covered on both ends. However when i asked for a statement of reasons and for a copy of the phone assessment, i was entirely fobbed off and told they would ring me to explain the decision.
I ended the call frustrated and with no offer to send either, just that they would call me.
After this i sat down and re read the DM's paragraph in the decision letter, and i don't know why but i really do have a feeling either they've simply not used the assessment in any form or they have not received it at all. Its just some of the wording, and the lack of correct information in there.
I genuinely do not know how to go about dealing with this. I've done the MR requests as i mentioned, and I've sent a freedom of information request, asking for the above but i doubt they will be here in time for me to look through and highlight in the reconsideration....If they even come at all....
I am going to ring them back again tomorrow to 'try' and demand they send me these reports.
Can i do anything else? Or do i need too?!
Thanks for and help in advance, i don't have experience going from children's DLA to PIP!
I'm not new to B&W but i am new to the forums, so sorry if I've got this in the wrong place or any other problems!
We applied for DLA several times for our daughter, and never really got very far as we had little evidence to show her problems. However we carried on trying on the advice of our GP. In August 2019 she was refused once again, but with help from here and a Facebook group we forged ahead with an MR with every intention of fighting it this time round.
The MR overturned the original decision and she was awarded top daily care and middle mobility. She daughter turned 16 last Oct, so we got the dreaded letter from DWP asking to move over to PIP
We had the decision yesterday and to say I'm annoyed would be an understatement!
They've awarded her standard for both mobility and care. With a deficit of just four points, which should have been more than awarded meaning she drops down significantly.
I kind of expected it, but reading through the decision i really am concerned about a few things.
I rang them to request an MR and have the forms ready to be posted in the morning so I'm covered on both ends. However when i asked for a statement of reasons and for a copy of the phone assessment, i was entirely fobbed off and told they would ring me to explain the decision.
I ended the call frustrated and with no offer to send either, just that they would call me.
After this i sat down and re read the DM's paragraph in the decision letter, and i don't know why but i really do have a feeling either they've simply not used the assessment in any form or they have not received it at all. Its just some of the wording, and the lack of correct information in there.
I genuinely do not know how to go about dealing with this. I've done the MR requests as i mentioned, and I've sent a freedom of information request, asking for the above but i doubt they will be here in time for me to look through and highlight in the reconsideration....If they even come at all....
I am going to ring them back again tomorrow to 'try' and demand they send me these reports.
Can i do anything else? Or do i need too?!
Thanks for and help in advance, i don't have experience going from children's DLA to PIP!
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- Catherine
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3 years 11 months ago #259641 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic DLA to PIP for child, MR help!
Oh dear Zoe, how frustrating for you!
(Oh and welcome to the forum.)
I have had this experience with one person, and it felt like a slap in the face. When I picked myself up enough to carry on I explained that I could not make notes fast enough to record what I was told and insisted on them sending me the form. (If that happens again I have every intention of asking them to read out the PA4 in full and telling them that I am recording the call, again since I can’t take notes quickly enough.)
However, I think you are doing all the right things (if that has included a simple a letter requesting the PA4). Hopefully when you ring them today you will get someone who is a lot more helpful!
If it is any encouragement I am quite frequently put in the position of writing a MR without the PA4, or frequently even the original application form. I then simply take the limited information in the PIP decision, record an agreement where we believe they have got it right and write why we disagree with them where we think they have it wrong (giving real life examples as I go). This method has worked reasonably often and if not it opens the door for an appeal and with that the court sends you all the papers!
If having submitted your MR papers you then receive the PA4, unless they have actually made the new decision you can always submit more!
And just to address your final line, although for you this is a move from DLA to PIP, for them it is a new application, so don’t assume they are carrying any information over.
I hope this helps a little
Catherine
(Oh and welcome to the forum.)
I have had this experience with one person, and it felt like a slap in the face. When I picked myself up enough to carry on I explained that I could not make notes fast enough to record what I was told and insisted on them sending me the form. (If that happens again I have every intention of asking them to read out the PA4 in full and telling them that I am recording the call, again since I can’t take notes quickly enough.)
However, I think you are doing all the right things (if that has included a simple a letter requesting the PA4). Hopefully when you ring them today you will get someone who is a lot more helpful!
If it is any encouragement I am quite frequently put in the position of writing a MR without the PA4, or frequently even the original application form. I then simply take the limited information in the PIP decision, record an agreement where we believe they have got it right and write why we disagree with them where we think they have it wrong (giving real life examples as I go). This method has worked reasonably often and if not it opens the door for an appeal and with that the court sends you all the papers!
If having submitted your MR papers you then receive the PA4, unless they have actually made the new decision you can always submit more!
And just to address your final line, although for you this is a move from DLA to PIP, for them it is a new application, so don’t assume they are carrying any information over.
I hope this helps a little
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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