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Devastated - DLA to PIP No Award!

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7 years 3 months ago #177351 by Datz
Devastated - DLA to PIP No Award! was created by Datz
Absolutely devastated to have just received my decision and I have not been awarded PIP.

I was on Middle Care and Higher Mobility DLA on an indefinite award and just had my Motability vehicle in June after a re-assessment in March. My DLA will stop on 17th Jan and I am at a complete loss as to what I will do now.

The reasons have so many inaccuracies from the face-to-face assessment and even a complete fabrication about me 'bending forward to retrieve my handbag from the floor to get a letter out' when my husband had it on his lap right next to me the entire time. I am sure I have read that very line in a sample report. The Atos assessor 'tutted' when she asked for my ID and I gave her my DLA award letter saying 'This should be a utility bill. That's what I'll put it down as'. She didn't let me finish a sentence, instead she interrupted me at every opportunity and confused me. I spent at least half of the 50 minutes shaking and in tears, but she stated I had a good rapport and no cognitive problems. She even tried to argue with me about the name of my medication and I felt completely humiliated.

Her 'physical examination' took less than 10 seconds and she stated that I had normal movement in every way, which is complete rubbish.

Is it possible to get a copy of the Atos report? Also, are they likely to take all the Christmas bank holidays into consideration when I ask for a reconsideration? The letter is dated 17th Dec, but only arrived today.

I am sick with worry, so any advice would be much appreciated.

Thank you.

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7 years 3 months ago #177353 by Gordon
Replied by Gordon on topic Devastated - DLA to PIP No Award!
Datz

I'm afraid the law does not allow the DWP to take account of Bank Holidays, etc.

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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7 years 3 months ago #177361 by shirley
Replied by shirley on topic Devastated - DLA to PIP No Award!
So sorry to hear this datz sorry I can't offer you any help mine came out the same way and I don't have the strength to fight at the moment but I may reapply in future take care
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7 years 3 months ago #177419 by Chris77
Replied by Chris77 on topic Devastated - DLA to PIP No Award!
Hi Datz

Sorry to hear you have been treated this way. In September I had the same response.
I was also devastated when told I would get NOTHING.

You are NOT ALONE ! There are hundreds of thousands of people been treated like this, of course that does not make us feel any better. BUT it is WINNABLE ! I am on the last hurdle and I can tell you there is HOPE though not much with the DWP but there is in getting more medical evidence against the prescript ors to prove you get the points and going to appeal.

Request a Mandatory Reconsideration in writing MUST BE SENT RECORDED DELIVERY
If you can get more medical evidence it will help. If you do not provide any more evidence its unlikely that you will get it overturned, but then you can go to appeal.

Break it down into Steps using the guides on the website.

IGNORE THE RUBBISH THE DWP SPOUTS in their reports.

DO NOT GET INVOLVED in defending reasons the DWP writes. You concentrate on the questions in your report.

Apply for the MR first, then you can go to appeal.

There is more help available like your MP BUT at this stage, you need to start the process and request the MR. Virtually all MRs are unsuccessful as they tend to go with the reports from the assessor as they are against the claimant often.

You cannot do anything until you trigger the MR. It really is something you should get on with straight away. Then when you get that through then you can go to appeal.

Think STEPS, take the first few steps which is the MR don't wait and put these things off
as it will delay you getting a result.

Once you have phoned them and sent in a letter recorded delivery requesting an MR thats the first step. Then you can apply for appeal and that you will can get help within the guides.

The DWP told me I would get NOTHING, now after a fighting them I have low rate mobility.
Now launched appeal and they have changed it to high rate mobility. BUT I am still not happy and am going to appeal to get exactly what I am entitled to.

Its less draining if you don't get involved with the reasons the DWP puts in its correspondence.
Some of those reasons are standard that you described. That walking distance sounded similar to what they put in mine.

Try not to DWELL on what the DWP says and think about how to PROVE your case .

If your not a member of the site you should join as it then gives you the points you get for each activity, so you know when your past the 12 points mark.

The DWP are getting away with a LOT, but in my case I have my MP involved which has not really done much to my situation, there refusing to budge. So I complained to the MP and now there getting the Minister involved. This is like lighting a fire underneath the DWP staff involved.
So there is things you can do and you should get it overturned at appeal.

Get the MR sorted, send letter RECORDED delivery and you can also telephone as well.

You maybe interested to know about the APPEAL :

The Appeal on the day, the DWP has NO SAY in whether you get the benefit or not.
The DECISION is made by 3 members of a tribunal. MOST people on DLA to PIPS are winning their cases.

It is NOT combatative, like a court. Its just in a room.

Hope this gives you the extra encouragement to get the ball rolling and get on with xmas and think there is HOPE and am sure you will eventually get sorted and the benefit your legally entitled to.

Have a Good Xmas.

Less stress more Turkey ! :lol:
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