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DLA to PIP with MS?!!??
- Keith
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6 years 10 months ago #190481 by Keith
DLA to PIP with MS?!!?? was created by Keith
Hi,
My husband was diagnosed with Multiple Sclorosis in 2001, he continued to work in his high pressured job until his cognitive disabilities meant he could no longer continue, which broke his heart as he loved his job. Hehasgone to hell and back and the disease has affected him beyond recognition. He was awarded the higher DLA care and mobility components and I was very confident that PIP would put him on the same. I filled in the forms using these plates on here and then he was assessed at home.
The brown envelope has arrived and although he has been awarded the mobility scoring the minimum point so they we keep the car, he has been awarded the standard level of care and also scoring only the minimum of 8 points. I don't idea stand how they could come to this decision, he has an ongoing, debilitating and progressive disease that there is no known cure for and is under the care of an MS specialist team and consultant.
He has however scored the minimum points need when I would of bet my life in him being given medium to high. I'm guessing I will have to appeal which is frightening but I am going to do it. I wonder how people who don't have anyone to fight their corner are getting on? If I did not fill in forms and take charge of our everyday life he would just let it go as all his fight must be saved in getting through his day. This all seems so cruel.
Just needed to vent!!
My husband was diagnosed with Multiple Sclorosis in 2001, he continued to work in his high pressured job until his cognitive disabilities meant he could no longer continue, which broke his heart as he loved his job. Hehasgone to hell and back and the disease has affected him beyond recognition. He was awarded the higher DLA care and mobility components and I was very confident that PIP would put him on the same. I filled in the forms using these plates on here and then he was assessed at home.
The brown envelope has arrived and although he has been awarded the mobility scoring the minimum point so they we keep the car, he has been awarded the standard level of care and also scoring only the minimum of 8 points. I don't idea stand how they could come to this decision, he has an ongoing, debilitating and progressive disease that there is no known cure for and is under the care of an MS specialist team and consultant.
He has however scored the minimum points need when I would of bet my life in him being given medium to high. I'm guessing I will have to appeal which is frightening but I am going to do it. I wonder how people who don't have anyone to fight their corner are getting on? If I did not fill in forms and take charge of our everyday life he would just let it go as all his fight must be saved in getting through his day. This all seems so cruel.
Just needed to vent!!
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- Gordon
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6 years 10 months ago #190523 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP with MS?!!??
Keith
Just to confirm the award, he has received Standard Daily Living and Enhanced Mobility?
Be aware that DLA HRC was awarded for fundamentally different reasons than the Enhanced rate of PIP DL, so it you decide to challenge the DL award then it must be because you believe that he should have scored 12 points or more for DL and not because he used to have an HRC award.
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
Just to confirm the award, he has received Standard Daily Living and Enhanced Mobility?
Be aware that DLA HRC was awarded for fundamentally different reasons than the Enhanced rate of PIP DL, so it you decide to challenge the DL award then it must be because you believe that he should have scored 12 points or more for DL and not because he used to have an HRC award.
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
The following user(s) said Thank You: Keith
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