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DLA to PIP
- Chaz
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7 years 1 month ago #184671 by Chaz
DLA to PIP was created by Chaz
My wife did her PIP face to face assessment about four weeks ago, she had previously been on the DLA Enhanced rate of mobility indefinitely and the standard rate of care. She has been waiting for the dreaded brown letter to arrive but instead she received today a dreaded white letter from the Motability scheme stating that her car will be taken off her on 25/4/2017. Seemingly the DWP has told the motability of their decision without advising us first. This has caused unnecessary stress and anxiety on her and does not help her mental health. I rang Motability to explain why we received the letter before the DWP letter had arrived and they apologised for what had happened and stated that she should of received the brown letter first. We now know that she has been put on the standard rate of the mobility and when the brown letter arrives she will find out what rate of care she will get. Needless to say she will be asking for a reconsideration of their decision and if that doesn't work she will be going through the appeals procedures. We are new to this Forum and are wondering if anyone else has experienced a similar situation. We would appreciate any advice or help on this matter
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- Gordon
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7 years 1 month ago #184720 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP
T
Welcome to the forum.
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Have you chased the DWP about the Decision Letter?
It's unusual for Motability to be notified of the Decision in advance of the claimant, although not unheard of.
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.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Have you chased the DWP about the Decision Letter?
It's unusual for Motability to be notified of the Decision in advance of the claimant, although not unheard of.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Chaz
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7 years 1 month ago #184750 by Chaz
Replied by Chaz on topic DLA to PIP
Hi Gordon,
Thanks for your reply, today we received the brown letter which was dated 8th March 2017, so it took over a week to arrive. She was awarded the standard rate of care with 9 points. She was also awarded the standard mobility with 10 points, 2 points short of the higher rate. She has also received a copy of the assessment report from the DWP. She had previously had the enhanced rate mobility under the DLA for the past 12yrs. Her circumstances have not changed and her health has deteriorated more through the years. We have contacted Age Concern who have offered a social worker to help us with the Mandatory reconsideration process. We are now going to gather further evidence for this with the help of your guides
Thanks for your reply, today we received the brown letter which was dated 8th March 2017, so it took over a week to arrive. She was awarded the standard rate of care with 9 points. She was also awarded the standard mobility with 10 points, 2 points short of the higher rate. She has also received a copy of the assessment report from the DWP. She had previously had the enhanced rate mobility under the DLA for the past 12yrs. Her circumstances have not changed and her health has deteriorated more through the years. We have contacted Age Concern who have offered a social worker to help us with the Mandatory reconsideration process. We are now going to gather further evidence for this with the help of your guides
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