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TOPIC: DLA to PIP

DLA to PIP 1 month 3 weeks ago #170053

Just got my decision through after PIP/Atos assessment and I scored no points whatsoever sero across both areas mobility & care, I was on DLA high rate and middle care, this is after using the advice in the guides. I am shaking with pain, I have fibromyalgia - chronic pain, raynauds, keratoconus in both eyes IBS with diarrhea. I phoned them up to appeal and have to rewrite all that I disagree with, they said they will let another case worker look at the decision, and if i still do not agree I can then appeal and it can take up to 8 months...

can someone help me please I feel suicidal at this moment, i will also lose my esa premiums and will they try to force me into wrag...
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DLA to PIP 1 month 3 weeks ago #170074

  • Gordon
  • OFFLINE
  • Forum Moderator
glennamy wrote:
Just got my decision through after PIP/Atos assessment and I scored no points whatsoever sero across both areas mobility & care, I was on DLA high rate and middle care, this is after using the advice in the guides. I am shaking with pain, I have fibromyalgia - chronic pain, raynauds, keratoconus in both eyes IBS with diarrhea. I phoned them up to appeal and have to rewrite all that I disagree with, they said they will let another case worker look at the decision, and if i still do not agree I can then appeal and it can take up to 8 months...

can someone help me please I feel suicidal at this moment, i will also lose my esa premiums and will they try to force me into wrag...

Really sorry to hear this.

Although you will lose any Premiums dependant on your having a DLA or PIP award I would not expect your ESA to be reassessed because of your not receiving a PIP 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
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The following user(s) said Thank You: glennamy

DLA to PIP 1 month 3 weeks ago #170079

Thank you for your reply Gordon, i will follow the steps you have provided and report back. I have calmed down slightly, but am still shaking, I find it incredible that the Government have just stated they are not going to make people with chronic pain conditions (tbc) not to have to keep reapplying and being assessed/ I fear a long battle ahead with compounds all the issues I have both mental health and physical!
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The following user(s) said Thank You: Gordon
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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