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DLA TO PIP FAIL
- mmc
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The lady on the phone advised me a decision was made on thursday 27th october and told me I have only been awarded standard daily living and no mobility at all ( previously on higher for both dla indefinitely).She advised I only have until the 27th November to submit MR.Without my assessment report I don't know where to start?
This has dealt a great blow to myself particularly as I wasn't alone for the home visit and the assessor showed a great deal of understanding of the severity of my condition and actually stated 'don't worry anymore i'm going to recommend enhanced for both with no review needed'.I wasn't asked to carry out any physical activities at the appointment and was seen whilst in my bed where I spend pretty much everyday.I fail to understand how without any physical activities asked or undertaken how they can determine no mobility award?
I literally feel suicidal & helpless.
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- slugsta
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Welcome to Benefits and Work
I'm sorry that you are going through this Please let your medical team know how badly this is affecting you. Don't forget that The Samaritans are available to listen 24/7
www.samaritans.org/how-we-can-help-you/c...6uWNwBVatRoCHwnw_wcB
You don't have to do anything until you have had a decision letter. You will have 1 month from the date of this letter in which to request an MR. A copy of the assessment report will certainly help but you can actually request the MR without giving much information to start with.
When you get the decision letter and report, I suggest you sit down with these and a copy of your PIP2 and decide where you believe you should have scored extra points and whether you can explain this 'better'.
This is all explained in our PIP guide
PIP help for claimants
May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions and comments about your PIP without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mmc
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the DM has agreed i need to use aids for the daily activities but the assesor has failed to report me consistently throughout explaining i need physical support and help from a carer to complete a task,this was also stated on my pip claim form.i enclosed my last medical in 2013 in which an atos doctor came to my home and carried out a full MSK examination.this found significant impairment with a poor prognosis for an incurable disease to which i have received all available treatment offered.he also noted my depression.the assessor has stated i said i can walk for 2 to 3 mins and then suffer pain and fatigue.i didn't say this,i said i can walk only 2 to 3 metres without experiencing the severe pain and fatigue.
I am aware i now need to complain to atos about my poor experience.do i wait for a copy of my assessment report (if i ever get it) or can i complain on the basis of the statement of reasons?
as regards the mandatory consideration,i know from your advice to other members i must focus the emphasis on scoring the descriptors i feel should apply and not steer into focusing all my thoughts on disputing the medical assessment.i'm just so disgusted that no weight is given to evidence provided and its all disregarded in favour of the new report.so do i re answer the questions which apply to me in full again but trying to paint a clearer picture for the new DM and state which descriptor and points i believe i should have been awarded?i know i need to remember the reliably,safely and in a timely manner so i will try to include all of these into each descriptor.
FINALLY A WORD OF WARNING FOR ANYONE YET TO GO THROUGH THIS PROCESS PLEASE SEEK PERMISSION TO RECORD YOUR ASSESSMENT.IF I HAD DONE SO I WOULDN'T HAVE BEEN MISREPRESENTED SO BADLY WITHOUT ANY PROOF OTHERWISE.
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- Gordon
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I would wait for a copy of the assessor's report before making a complaint, it's possible that the Decision Maker has awarded different points or has ignored some statements that the assessor has made.
We're not saying not to tackle the issues raised in the report, just that this should be a secondary activity as it will not in itself lead to points. A good place to start would be for you to go through the assessment report (when you get it), your PIP2 and the PIP Claim guide to make sure you have provided the best answer you can, make sure that you check the wording for the Descriptors that you expected to score for, many have multiple elements and you need to meet all of them to score.
Also, where relevant to your conditions and the degree they affect you, try and reflect the wording of the Descriptor in your answer and be aware of the severity of the wording, as an example; if you are talking about "anxiety" and the Descriptor refers to "overwhelming psychological distress" then there is a clear disconnect.
Gordon
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- mmc
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Will it definitely be a new DM who deals with my MR and are they any more senior to the previous DM?
Will they have access to all the evidence I sent supporting my claim should they wish to consult it?
thankyou for all your help.
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- Gordon
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mmc wrote: I wonder if you are able to clarify something for me? I am in the process of sorting my MR as discussed above. I have approached this with your template letter in the appeal guide and then added I do intend to complain to ATOS once I receive the report as it doesn't accurately reflect my limitations at all. I have then re answered all the descriptors in much more detail which I believe apply to myself to hopefully paint a clearer picture.
Will it definitely be a new DM who deals with my MR and are they any more senior to the previous DM?
Will they have access to all the evidence I sent supporting my claim should they wish to consult it?
thankyou for all your help.
It should be a different DM but we have seen an MR completed by the same DM that made the Decision, I don't think that there is a requirement for it to be a more senior DM, but one may be supervising the process.
Whoever does the MR will have the file with all of your information in it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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