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DLA TO PIP FAIL

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7 years 4 months ago #172687 by mmc
Replied by mmc on topic DLA TO PIP FAIL
Hi, please can you help again? My PIP decision letter stated they couldn't pay me mobility from the 31 August 2016 (the date I was asked to apply for PIP from DLA) It says they will pay my standard daily living from the 23rd November 2016 four weeks in arreas and my DLA will cease 4 weeks from the decision letter which is dated 27th October.So i'm due DLA on the 16th of November and I understood everyone who applied for PIP would receive one last DLA payment after the date of the decision letter.I have just rung up to clarify this and the lady at DWP said I wouldn't receive one full DLA payment on the 16th November.I am utterly confused.I was previously on full DLA.Can you please explain what I will receive?

Furthermore I asked again if my report had been sent and she said yes it was sent yesterday (only asked 4 times on the phone and once in writing)!I had previously mentioned on the phone I needed my report as I disagreed with some comments in my decision letter,on the phone today the lady said she didn't know the exact date I had to ask for a MR.I thought this was the 27th of November?

She asked whether I wanted a call back from the case manager to explain the decision and have a chance to talk to her rather than go for a MR,she advised me you can receive an increase in your award with this phone call.She stated I may be waiting a long time for a MR decision if this is what I choose as they currently are unable to put a time frame on the waiting times. I declined this offer (I can't think of anything worse right now). I stated I was waiting for a copy of my report and then I would decide what I wanted to do. I am definitely going for MR though it's just I want time to prepare the best case possible. I'm going to my GP today to see if she will support me. Seems rather underhand to me to try push people towards this telephone call.

Once again thankyou for your time.

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7 years 4 months ago #172706 by Gordon
Replied by Gordon on topic DLA TO PIP FAIL
MMC

This is the first time that we have seen a split award date like this, you need to contact the DWP to ask why this has been done as the implication for this is that there has been an overpayment of DLA as a result. I'm not convinced that this is even legal as you were not being assessed for DLA and the assessment criteria for the two are sufficiently different that a failure to award PIP Mobility would not necessarily mean that you did not meet the DLA criteria for an award.

The MR request needs to have been received by the DWP no later than one month from the date of the Decision Letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #172801 by mmc
Replied by mmc on topic DLA TO PIP FAIL
Hi,I rang as you advised.She tried to explain it is a split date as they have used the date I was asked to apply for PIP as the date I wasn't entitled to the mobility of PIP and they've used the date in november for the start of my daily living as that's when my DLA award will end and no longer be paid.To be honest I'm not really sure that still makes sense but right now I feel unable to try cope with dealing with their dates.She reassured me I\wouldn't owe any DLA.
My blue badge and disabled bus pass have an expiry of 2018 am I able to continue to use these whilst I am under MR and then appeal?
I rang my consultants secretary yesterday and I understand he has posted me some sort of letter of support for MR .I Also saw my GP who didn't really understand the workings of the PIP criteria but i left her with a copy of the descriptors and she said she would write me a letter of support for me to pick up next week.She was disgusted with the way poorly disabled people are being treated.
Thankyou for all your help.

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7 years 4 months ago #172810 by Gordon
Replied by Gordon on topic DLA TO PIP FAIL
mmc

Not sure that I understand the DWP's logic either but as long as you are not having to repay any DLA then I would not worry at the moment.

You should be able to continue to use the Blue Badge but I'm afraid you will have to contact the organisation that issued the Bus Pass to see whether you are still entitled.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #172845 by tiredteddy
Replied by tiredteddy on topic DLA TO PIP FAIL
Re. the bus pass, in North Yorkshire which is very strict in all respects. If you can provide a medical evidence statement from a qualified practitioner you will get a bus pass.

On the bottom of the form "If you don't have any paperwork then give your GP's name and address and agree to pay any charges" they will then contact the GP for evidence.

Regards,

Stewart.

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7 years 4 months ago #172892 by mmc
Replied by mmc on topic DLA TO PIP FAIL
Thankyou for your help :) I'm in west yorkshire so your a neighbour!Love north yorkshire its beautiful!I'll crack on with sorting all this mess out they've created for me. Can see why people give in it's a truly awful experience.

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