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From Full DLA to Zero PIP

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7 years 2 months ago #181969 by Barker1952
From Full DLA to Zero PIP was created by Barker1952
Hi. I don't know how this has happened. For the past 14 years I have been receiving the Full DLA with Motability Car and now I have lost everything. I scored 0 Points in EVERY Section.
I followed your Guide - PIP Claims & Reviews on Physical Health etc. I filled in all the sections as best as I could, based on the tips in the guide and sent in the PIP2 Form

Then I went to the Assessment. The HP said she had read the form etc. but never referred to it during the interview. I was ready to go through each item section by section, but it never happened.

Eventually the dreaded PIP letter arrived and I was shaken, to put it mildly.
Maybe my head wasn't in the right place as I took the interview, I don't know - the Assessment was the day after I had been told that the DVT I had the week before, had caused a clot to travel to my lung. The HP was told this as an update to my medical condition.

I am now preparing my Mandatory Reconsideration claim. What can I put in this to have the whole PIP assessment reversed? I have no further evidence. I just want the answers to the PIP2 questions to be acted upon, and give me the right points for each Descriptor.

Any help or tips would be much appreciated.

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7 years 2 months ago #181996 by Gordon
Replied by Gordon on topic From Full DLA to Zero PIP
Marjorie

At this stage it's difficult to give any advice without further information.

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 2 months ago #182005 by Barker1952
Replied by Barker1952 on topic From Full DLA to Zero PIP
Thanks Gordon.
I will ring up Monday morning and ask for the assessment report and follow that in writing.
How will I go on with the 30 days Mandatory Reconsideration deadline, as I don't know how long this takes. Should I send something in, in writing anyway, or wait for the assessment report?
Actually, I don't have 30 days, as the date of the letter (which the 30 days hinges on) was 9th Feb, but I didn't receive it until the 15th Feb.
So basically I only have 21 days.
Marjorie.

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7 years 2 months ago #182008 by soxie
Replied by soxie on topic From Full DLA to Zero PIP
Exactly the same thing happened to me I went through mandatory reconsideration and still got 0 points I requested the assessment results which where basically a load of stuff that didn't happen according to that I was seen walking without aids which I cannot do even down to what I was wearing which were items I don't even own! I complained to atos and was told our assessors don't lie! I have now been sent a tribunal date at a place that is over 60 miles away and not even in the same County as me when I clearly stated I cannot travel. I to followed the guides on here which I had done for dla and had no problems.So I have just tried to forget it all. I hope you have better luck.

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7 years 2 months ago #182049 by Gordon
Replied by Gordon on topic From Full DLA to Zero PIP

Marjorie wrote: Thanks Gordon.
I will ring up Monday morning and ask for the assessment report and follow that in writing.
How will I go on with the 30 days Mandatory Reconsideration deadline, as I don't know how long this takes. Should I send something in, in writing anyway, or wait for the assessment report?
Actually, I don't have 30 days, as the date of the letter (which the 30 days hinges on) was 9th Feb, but I didn't receive it until the 15th Feb.
So basically I only have 21 days.
Marjorie.


Providing you don't need to progress the MR quickly due to financial reasons then you can wait to see if you receive the report, it usually takes about 7-10 days, but if it is delayed then make sure you submit the MR within the one month or you could lose your right of appeal, just say that you will be submitting additional information within the following four weeks.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Barker1952

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7 years 2 months ago #182278 by Barker1952
Replied by Barker1952 on topic From Full DLA to Zero PIP
Hi Gordon,
Rang DWP yesterday and I received the Assessment Report today.
A little history about myself:-
I have Rheumatoid Arthritis and Osteoporosis affecting all joints, especially in my Hands, Wrists, Neck, Knees and Feet. My knees give way regularly, resulting in falling. I am Osteopenic and I am terrified of falling because my bones are getting brittle. I have an annual Dexa Scan (Bone Density check) and I am losing 2% Density per year. My hand bones are crumbling. I have had my left hand operated on to remove a bone. The right hand also needs an operation, but has had to be postponed 3 times now due ill health. The being a DVT in my leg which resulted with a clot on my lung. All this was sent as evidence from Doctors letters or appointments.
I need help in the kitchen, as I cannot do a simple meal.
I need help cutting food.
I need help Bathing.
I need help Dressing & Undressing.
I need help with medication.
All of these scored 0 points.
The Report says for all these (same comments) Sections 3, 4, 5,6 & 8:-
Reported difficulties with this activity. The MSO confirmed normal power to both upper and limbs, normal grip and dexterity to both hands. Although under specialist care, listed medications include moderate and mild pain relief, she states that pain is largely controlled by taking Paracetamol, she only takes moderate pain relief as required, around twice per week. No muscle wasting was noted to upper or lower limbs and all movements appeared fluid and pain free. The level of pain reported is not consistent with treatment prescribed. There is insufficient medical evidence to suggest restriction in this area. Therefore she should be able to complete this activity unaided.

I cannot tolerate strong painkillers as I have made reactions to the side affects.

The other sections I agree with - no points.

Section 13 - Planning.
Because I could drive to my local doctors unaided, that I coped well, was very orientated and not anxious in the assessment, it was decided that I could plan a journey unaided. I agree on local journeys, but I cannot plan long journeys. But I got no points again.

Section 14 - Moving around.
Report says:-
Reported difficulties with this activity. The MSO confirmed normal power to both upper and limbs, normal grip and dexterity to both hands. Although under specialist care, listed medications include moderate and mild pain relief, she states that pain is largely controlled by taking Paracetamol, she only takes moderate pain relief as required, around twice per week. Social history states that she walks around the supermarket holding onto a trolley for 5-7 minutes. informal observations noted that she stood unaided for 2 minutes during the MSO, she walked unaided with a normal pace and gait around 18 metres to the examination room. No muscle wasting was noted to upper or lower limbs and all movements appeared fluid and pain free. The level of pain reported is not consistent with treatment prescribed. There is insufficient medical evidence to suggest restriction in this area. Therefore she should be able to stand and move more than 200 metres unaided.

Never once was I asked the level of pain I was in, this was considerable. I certainly could never repeat it safely and reliably.
How can walking 18m mean I can walk over 200m?- the maths don't add up.
therefore I scored 0 points for this section.

Marjorie.

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