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DLA TO PIP

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7 years 1 month ago #181660 by Gordon
Replied by Gordon on topic DLA TO PIP

centreduba wrote: l sent my PIP claim form in 3 and a half weeks ago and so far l have not heard anything back and the question is how long does one wait until one is contacted?.


I would contact the DWP for an update, or if you can work out which Assessment Provider it is contact them directly.

www.gov.uk/government/publications/pip-postcode-map-uk

Gordon

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7 years 1 month ago #181668 by centreduba
Replied by centreduba on topic DLA TO PIP
Okay Gordon l shall do that as Atos are the ones doing our area.

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7 years 1 month ago #182764 by dchbrown
Replied by dchbrown on topic DLA TO PIP
Well we got the result yesterday. Enhanced Care (15pts) and No Mobility (4 pts).

That's down from Higher Care and Lower Mobility on DLA.

It looks like for the mobility we got points for requiring prompting to move around outside where i was hoping for requiring assistance on the reliability grounds to get sufficient points for Basic Mobility.

I would like to go for a MR but my wife is really worried it will jeopardise what we have already got - and i can see her point.

Im sure i read somewhere about this being the standard DWP approach to mental illness based mobility claims but there was a tribunal decision that could be quoted? Is this still valid in light of the news regarding the governments attempts to change the legislation to undermine the tribunals ruling?

Is there much chance of providing a good argument for the change on the basis of anxiety/personality disorders/Asperger's?

Thanks

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7 years 1 month ago #182812 by Gordon
Replied by Gordon on topic DLA TO PIP
dchbrown

The current PIP Claim guide explains about the change in Mobility.

As to whether to apply for an MR.

Two things to consider, how secure is your current award, for the Enhanced rate you need to have scored 12 points, so if your score were higher than this then you have a safety buffer if points are removed.

Secondly, are you able to score the extra points to give you a Standard or Enhanced award in for the Mobility component. Be harsh with your scoring as the DWP will be.

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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