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DLA admitted something is wrong
- Nikki76k
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6 years 10 months ago #190442 by Nikki76k
DLA admitted something is wrong was created by Nikki76k
Today I got my pip letter stating that I wasn't receiving it anymore. I did get standard rate that was not due for review until Jan 2018. They called me early . I had my face 2face assessment done on 11th may . Decision made on the 25th. I have asked to see the report but on the initial form I received back I've gone from 9 points to 2points . My condition has worsened. What's made it worse is my assessor has lied that she did a muscoskeletal assessment , she didn't . She also said I'm not under the Mental Health team . I am and they have the evidence of that sent already . She also magically said I'm diagnosed with BiPolar disorder when I'm not . I called today to complain and after being passed between Capita and the DWP it was decided the DWP should take responsibility as they requested the assessment . I got a phone call back within half an hour and was told to send the complaint in as they can clearly see on my diagnosis letter that I haven't got BiPolar . Anyone else experienced this ? I've still got to go through a Mandatory Reconsideration though . I should receive the full report in the next few days .
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- Gordon
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6 years 10 months ago #190444 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA admitted something is wrong
Nikki
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I'm afraid that reports of factual inaccuracies and examinations that did not happen are not that unusual on the forum.
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
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" or the misdiagnosis or that you are not under the care of the mental health team.
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, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I'm afraid that reports of factual inaccuracies and examinations that did not happen are not that unusual on the forum.
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
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" or the misdiagnosis or that you are not under the care of the mental health team.
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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- Nikki76k
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6 years 10 months ago #190653 by Nikki76k
Replied by Nikki76k on topic DLA admitted something is wrong
Thanks Gordon . I received my report on Saturday . I can't believe the lies the assessor told . I've logged a separate complaint over the assessor and my sister, whom was present throughout my assessment has wrote too explaining where the lies are . I'm just in the process of downloading the guide for the MR. I basically went from 8 points to 2 points . I'll come back for help when needed . Thanks again . Nikki
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