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DLA to PIP....... Disaster!
- Cazza
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7 years 3 months ago #177503 by Cazza
DLA to PIP....... Disaster! was created by Cazza
I received my response from the DWP on New Years eve. I had been on DLA for many years and was on high rate mobility and middle rate carers. I was absolutely shocked when I read that I was not entitled to any help with mobility and care. I could not understand how they had come to their decision.
I read through the short explanations about 6 times trying to work out why I was not being awarded anything l then I saw what I think could be the reason I was given no award .
It states the following.... Informal observation.... , "and you could navigate round the assessment centre independently"? I could not believe what I was reading and I still cant get my head around this awful mistake.
My daughter had gone with me driven by her husband, we checked in and sat down and I did not move off my chair again until I was called by the assessor. During this time my daughter received a telephone call from my Granddaughters school to say she had had an accident and they wanted to know if she wanted to go pick her up. She told them she was at an appointment but would send her husband too pick her daughter up.
My daughter walked out of the centre and back in again and then she had to dash back out again to catch her husband before he left. The only one of us who moved during the hour wait was my daughter and when we got into the assessment room the assessor asked whose appointment was it? I know this report is not true and I did not move from my chair not even to go to the toilet. It has been eating away at me since I got the letter. How could they make such a huge mistake?
I really would appreciate and need some help on how I am best going about sorting this issue out, How am I going to prove this? Do they keep tapes and if so for how long? I had my assessment 2nd week in December.
I cannot help but think this informal observation is why my claim has been refused although there are other issues I will be challenging about my claim.
Right now I am still stunned, extremely stressed and my anxiety levels have risen like they have never done before. I have not slept since I received the report. I cannot seem to get my brain to work I sat for hours the last couple of days trying to get together my reasons for wanting the Mandatory Reconsideration and so far have about 6 sentences I just cannot function so not sure how I am going to get through the next stage let alone an appeal.
Thank you.
I read through the short explanations about 6 times trying to work out why I was not being awarded anything l then I saw what I think could be the reason I was given no award .
It states the following.... Informal observation.... , "and you could navigate round the assessment centre independently"? I could not believe what I was reading and I still cant get my head around this awful mistake.
My daughter had gone with me driven by her husband, we checked in and sat down and I did not move off my chair again until I was called by the assessor. During this time my daughter received a telephone call from my Granddaughters school to say she had had an accident and they wanted to know if she wanted to go pick her up. She told them she was at an appointment but would send her husband too pick her daughter up.
My daughter walked out of the centre and back in again and then she had to dash back out again to catch her husband before he left. The only one of us who moved during the hour wait was my daughter and when we got into the assessment room the assessor asked whose appointment was it? I know this report is not true and I did not move from my chair not even to go to the toilet. It has been eating away at me since I got the letter. How could they make such a huge mistake?
I really would appreciate and need some help on how I am best going about sorting this issue out, How am I going to prove this? Do they keep tapes and if so for how long? I had my assessment 2nd week in December.
I cannot help but think this informal observation is why my claim has been refused although there are other issues I will be challenging about my claim.
Right now I am still stunned, extremely stressed and my anxiety levels have risen like they have never done before. I have not slept since I received the report. I cannot seem to get my brain to work I sat for hours the last couple of days trying to get together my reasons for wanting the Mandatory Reconsideration and so far have about 6 sentences I just cannot function so not sure how I am going to get through the next stage let alone an appeal.
Thank you.
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- Gordon
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7 years 3 months ago #177515 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP....... Disaster!
Cazza
Some immediate thoughts from your post.
The issue you raise from the DM's letter does not go to why you did not receive any points for Daily Living (care).
Although they may be referring to you daughter, I still think it unlikely, but there are two issues raised that you need to think about! How far did you actually walk, from the car to reception and from reception to the assessment room? I think it much more likely that this is what they are referring to. Secondly and it is unclear if this is an issue for you, your daughter left you alone twice while at the centre, if you suffer anxiety in unfamiliar places, then your apparently dealing with this while your daughter was not with you may also have been considered.
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
Some immediate thoughts from your post.
The issue you raise from the DM's letter does not go to why you did not receive any points for Daily Living (care).
Although they may be referring to you daughter, I still think it unlikely, but there are two issues raised that you need to think about! How far did you actually walk, from the car to reception and from reception to the assessment room? I think it much more likely that this is what they are referring to. Secondly and it is unclear if this is an issue for you, your daughter left you alone twice while at the centre, if you suffer anxiety in unfamiliar places, then your apparently dealing with this while your daughter was not with you may also have been considered.
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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- Cazza
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7 years 3 months ago #177642 by Cazza
Replied by Cazza on topic DLA to PIP....... Disaster!
Thank you Gordon,
I will ask my son in law how long it was as I am not very good on distances, but we were park facing the door to the centre. So a very short short walk into the centre. I do suffer from extreme anxiety and ended up having to take 6 of my tablets from 6-00am and 4 pain killers, so I was not altogether there whilst we were in the centre or having the assessment. I did tell the assessor I had taken extra medication and she said that was Ok. Thinking back not a good thing but I could not cope. I understand the point you have made about my daughter leaving me alone whilst she popped outside.
The explanations on the letter are very brief and no acknowledgements to any of my problems. I am very confused at how the answers have worded. The assessor was going through assesssment quite quickly and I did ask when she was moving on to other questions would we be going back to the problems I had but she said she had enough detailed information and doctors letter and pain speciaist letter and would point them (presumings she meant the decision maker) in the right direction. I will only know she did this when I get her report.
I will get a letter drafted asap and sent off this week and I will also phone them to request a copy of the assessment report. So do I address it to the centre I went to for my assessment? and Mandatory Reconsideration goes to the DWP?
I will go and look at the information on the link you gave me and sort the 2 requests out and I will come back as soon as I have the information from them.
When I ring to ask for the Mandatory Reconsideration will they ask me why I am requesting this? Just want to be prepared.
Thank You.
Cazza
I will ask my son in law how long it was as I am not very good on distances, but we were park facing the door to the centre. So a very short short walk into the centre. I do suffer from extreme anxiety and ended up having to take 6 of my tablets from 6-00am and 4 pain killers, so I was not altogether there whilst we were in the centre or having the assessment. I did tell the assessor I had taken extra medication and she said that was Ok. Thinking back not a good thing but I could not cope. I understand the point you have made about my daughter leaving me alone whilst she popped outside.
The explanations on the letter are very brief and no acknowledgements to any of my problems. I am very confused at how the answers have worded. The assessor was going through assesssment quite quickly and I did ask when she was moving on to other questions would we be going back to the problems I had but she said she had enough detailed information and doctors letter and pain speciaist letter and would point them (presumings she meant the decision maker) in the right direction. I will only know she did this when I get her report.
I will get a letter drafted asap and sent off this week and I will also phone them to request a copy of the assessment report. So do I address it to the centre I went to for my assessment? and Mandatory Reconsideration goes to the DWP?
I will go and look at the information on the link you gave me and sort the 2 requests out and I will come back as soon as I have the information from them.
When I ring to ask for the Mandatory Reconsideration will they ask me why I am requesting this? Just want to be prepared.
Thank You.
Cazza
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- Gordon
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7 years 3 months ago #177647 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP....... Disaster!
Cazza
What you have received is the DM's Statement of Reasons this will be primarily based on the assessment report but will likely also include their own musings on your claim. The report should make it clearer as to how the Decision was reached and will allow you to identify what areas you need to address in your MR.
Gordon
What you have received is the DM's Statement of Reasons this will be primarily based on the assessment report but will likely also include their own musings on your claim. The report should make it clearer as to how the Decision was reached and will allow you to identify what areas you need to address in your MR.
Gordon
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- Cazza
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7 years 3 months ago #177653 by Cazza
Replied by Cazza on topic DLA to PIP....... Disaster!
Thank you Gordon,
It is good to know I will get some answers when I see the report, hopefully it will give me the strength to get through this as right now I feel like walking away as its too stressful and but they probable know that anyway
Cazza
It is good to know I will get some answers when I see the report, hopefully it will give me the strength to get through this as right now I feel like walking away as its too stressful and but they probable know that anyway
Cazza
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7 years 3 months ago #177655 by slugsta
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Replied by slugsta on topic DLA to PIP....... Disaster!
Hi Cazza,
You need to contact DWP, not the assessment centre, to request a copy of your assessment report.
You need to contact DWP, not the assessment centre, to request a copy of your assessment report.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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