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Transfer from DLA to PIP

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7 years 5 months ago #170057 by Little A
Replied by Little A on topic Transfer from DLA to PIP
Thank you Gordon.
I plucked up enough courage to answer the phone call from
DWP just now.

Proceeded to tell me that I had been awarded Descriptor b for 'planning and following Journeys' because in order to score a higher point I wouldn,t be able to leave the house at all. I said I wanted the CAB advisor to speak on my behalf so didn't say anthing else.

The CAB say my phone call at the end of the one month counts as a mandatory reconsideration.

From reading your guides, there seems to be misinterpretation by DWP on this. I don't know if I have the health to take this through to appeal, maybe I'll wait for someone else to push the point. My mental health has severely gone down hill since the beginning of the year with filling in PIP and ESA. I feel ground down.

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7 years 5 months ago #170080 by Gordon
Replied by Gordon on topic Transfer from DLA to PIP
Melan

We often see MR requests made over the phone get lost in the system, that is why we always recommend following up a call in writing.

Going through and MR and appeal can be very challenging, both physically and mentally. but if you feel you have the wrong award it is the only way to get the right one. But it is your decision and no one will criticise you if you cannot manage it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Little A

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7 years 5 months ago #171041 by Little A
Replied by Little A on topic Transfer from DLA to PIP
Today my CAB advisor talked with DWP.
I submitted a letter in confirmation of my tele call 4 Oct, last date for lodging MR.
The DWP have confirmed that they will look at my Decision again.

I spent ages writing a substantiating letter. CAB say not to send the letter because the DWP have required info now? CAB further state MRs are 99% unsuccessful, so not worth any effort.
I am in a quandry? Do I send my letter or not?

Something else came up about my ESA and my occupational pension, can I mention it here or do I start a new topic, don't want to cause a problem. Thanks.

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7 years 5 months ago - 7 years 5 months ago #171044 by slugsta
Replied by slugsta on topic Transfer from DLA to PIP
Hi Melan,

This is your claim and you need to be happy with the way it is conducted, never mind what the person from CAB says!

They are right in saying that most MRs do nothing other than 'rubber stamp' the first decision. So it depends how you want to play things -

- You could let the MR do through as it is, to get it done quickly so that you can get straight on and appeal.

- You can supply all your information and evidence now to give yourself the best chance at MR, although the process will probably then take longer.

I can't give you any statistics on which to base your decision, I'm afraid.

As to your ESA, I would say that it's OK to ask a question here but maybe start another topic if you think it is going to be an ongoing or complicated issue :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.

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7 years 5 months ago #171064 by Little A
Replied by Little A on topic Transfer from DLA to PIP
Thank you Mrs H.

I transferred from IB to ESA CB (SG) 6/13.

I first began claiming IB 1/10/1996 after retirement on grounds of ill health and occupational pension began. I have a letter from DSS on 7/1/97 confirming they know of my income from pension and that tax will be taken off there by PAYE. I know there is a current rule about reduced ESA if pension is over £85 per week.

However, is this letter sufficient evidence to confirm I am subject to the rules of transfer from long term IB (in receipt of occ pensions prior to 6/4/2001) and thus not subject to means testing under ESA CB?

Thank you.

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7 years 5 months ago #171077 by slugsta
Replied by slugsta on topic Transfer from DLA to PIP
Hi Melan,

It is only pension income that it looked at with contributory ESA, it is not 'means tested' as such' However, as your pension was disregarded under IB, it should also be disregarded for ESA.

I'm glad you have the letter from IB, from what you have said this should be acceptable as proof of your status.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Little A

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