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DLA TO PIP FAIL

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7 years 5 months ago #173363 by mmc
Replied by mmc on topic DLA TO PIP FAIL
Have finally received my assessment report.The beginning of the report where it is states history of conditions and then functional history am i right in thinking this is basically him repeating the history as I have told him and the difficulties I feel i face?
The beginning of the report is quite accurate this is why I ask this question.He has failed to mention I had somebody with me for support during the assessment and put n/a where they write the name of anyone else present.
How can I enclose a statement from the person who was there also when he's not said anyone was there?
It appears hes basically copied and pasted the same couple of lines throughout the his reasoning in every category which basically says as I have handrails around the house it can be expected I can use an aid to do every activity.I did explain all the help i need but he's failed to mention this.I feel i have a mammoth task ahead trying to explain the need for physical help also.
He has stated I declined the physical part due to pain and that i looked like i was in pain?I was not asked to do anything at all.I wouldn't have declined I would have done what i could.
I genuinely feel lost with it all.I did get a letter from my consultant which states the severity of my condition and that it is a life threatening illness and he cannot predict the future for me in the light of this.I'm going to include this with my MR and my GP has written a short letter explaining about the impact my condition has on my physical and mental health and that i suffer with depression and anxiety also.Unfortunately they do not comment on the day to day activities in the PIP claim.
I fully expect to fail at the MR as i know most do.Do you know how long I may have to wait for a tribunal hearing?

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7 years 5 months ago - 7 years 5 months ago #173370 by Gordon
Replied by Gordon on topic DLA TO PIP FAIL
mmc

Concentrate on showing that you meet the criteria to score points and deal with the assessment report second.

I would sit down with your PIP2, the assessment report and the PIP Claim guide and go through it question by question. Many of the Descriptors have multiple elements, you need to show that you have met all of them to score. Check the phraseology used in the Descriptors and if appropriate to your conditions echo it in your responses. Make sure that you used "reliably" and "on the majority of days when relevant".

When you deal with the report seperate out issues of fact from opinion, you're unlikely to win any battles over the latter. Deal with issues that score you points. You mention having someone with you and this being missing from the report, if you have issues such as Social Anxiety or Agoraphobia that meant that having someone with you was essential then this is definitely an oversight that you should mention, but if they were just a companion on the day then the value of disputing it is significantly less.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by Gordon.

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7 years 5 months ago #173399 by alison
Replied by alison on topic DLA TO PIP FAIL
hi mmc,
sorry to hear you are going through this tough process . i also have been through this never ending battle of trying to be listened too,.,, dont be too disheartend by the report , this seems to be a continuous hurdle many are facing and feel they dont know where to start,. the main thing is like gordon said ,focus on the descriptor ,show them your unable to do these reliably ,safely in a timely manner,. give examples of when it is difficult or ur unable to manage it completely , if you need constant supervision whilst following a journey because of mental health or physical,. go into detail and explain why u need this ,dont just say you cant manage it ,plenty od info so they can build a better picture of your dificulties,.. i asked for a mr but it stayed the same ,,so i then appealed , from the time they recieved my appeal ,it took 18 weeks to get a date for hearing ,, so if you go down the route od appeal if not succesfull in M R stage ,, you will have plenty of time to build a case for yourself , also with the MR if you have any medical info letter etc that they didnt recieve with the initial pip claim form ,,make copies and send them in with your MR,
good luck and best wishes and hope your MR gets overturned for you ,, my appeal was succesfull ,so dont give up ,keep fighting for your rights ,
warm wishes ,
alison,

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7 years 5 months ago #173573 by mmc
Replied by mmc on topic DLA TO PIP FAIL
Thankyou for taking the time to write to me Alison.It's a real help to speak to someone who is/has experienced this awful process.I go through mixed emotions,some days i'm determined to fight for what is right and others i feel completely overwhelmed and betrayed by a system that is meant to help people with disabilities but is causing so much distress to so many of us.I have had to try and leave it to one side over the weekend in order to be able to cope.It does spur me on when I come on here and receive advice and support & i'm so pleased you won your appeal.
Well done for sticking at it and getting what you deserve x
The following user(s) said Thank You: unBat412Fd

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7 years 5 months ago #173605 by alison
Replied by alison on topic DLA TO PIP FAIL
hi ,
thankyou, , i know exactly how your feeling i was the same , some days ide just wouldnt know where to turn ,having no welfare rights person to help as they are overstreched in area ime from i decided to go it alone , if it wasnt for this excelent site ide of given up as its worth every penny to subscribe , the moderator have been fab and helped me along the way as well as the guides,. plus the the people going through /still going through have been kind enough to support me along the way , it so easy for us to think ,,,whats the point noones listening to me !! but if we all give up the system has won ,,! and there far too many ill vulnerable people out there that need this extra income to help live a best to normal life as they can . best advice i can give is to keep at it ,as hard as it is ,do remember that if going to appeal ,these people see you for you ,,they look at your case from scratch ,yes ur asked alot of questions but its only in order for them to decide what you should be awarded and they make sure your treated as a person not a scrounger like the dwp make u feel out to be ,.
do let me know how your getting on ,and if i can be of help in anyway please just ask,.
warm wishes,.
alison,x
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7 years 5 months ago #173950 by mmc
Replied by mmc on topic DLA TO PIP FAIL
A quick word of warning to anyone sending a written request for Mandatory Reconsideration or further evidence for one.I sent mine via special delivery, rang up to check they had it all even though i had seen the proof of delivery and the lady on the phone looked on my case,she said they have received it all and despite it saying in capital letters mandatory reconsideration as per your template it had been mis filed and the MR process hadn't been instigated by them.Ring up and check please guys,same thing has happened to my neighbour only he hadn't rung and many weeks have gone by,finally rung and was told it hadn't been filed properly and they would get it looked at asap.He's still waiting.
The following user(s) said Thank You: Gordon, slugsta

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