× Members

from DLA Highest & Higher to PIP Standard for both

  • perpetuallypuzzled
  • Topic Author
  • Offline
More
8 years 4 months ago #145977 by perpetuallypuzzled
from DLA Highest & Higher to PIP Standard for both was created by perpetuallypuzzled
Hello
I'm sorry to bother you, and apologise profusely if I am asking something which has already been answered somewhere. I have fibromyalgia and really struggle with using my PC, and I'm not familiar with using forums. I only discovered ths website at the weekend, and have now been trawling it for 3days and I am SO confused.

Last Friday (3rd December) was the deadline for me to let the DWP know if I am not happy with their decision, which I am not, so I rang them to tell them, explaining that I had mistakenly thought the deadline was the 7th Dec (i.e., one month from the date I received their letter), but had only just that day looked at it again and realised the deadline is one month from the date of their letter (which was 3rd November). My younger brother died in March and 2nd November should have been his birthday. I have been very unwell since that day, when it really, really hit me that he isn't here any more.

I am SO confused ~ physically I'm a complete wreck at the moment, and I just can't think straight for trying to think.

Why i am not happy is because the "Decision Maker's Reasoning" is absolutely FULL of absolute inaccuracies.

I've managed to work out I need to ask for a Mandatory Reconsideration as a first step in a possible 'going to appeal' process.

Aside from the inaccuracies in her 'reasoning', how I have been scored in the Daily Living and Mobility evaluations is also a totally inaccurate reflection of my state of being.

What I can't work out is:
Is what is written in the DWP's letter the whole of what the ATOS assessor has written, or is it just a precis of a longer report?

I have been trying and trying and trying to write a letter that 'pulls together' her 'reasoning' with the scored assessment, in a way that explains why it is so wrong, but I just can't seem to make myself clear enough without writing what seems to me to be far too much. I seem to remember reading somewhere that whatever is submitted should be kept as brief as possible, but how does one do that, when one is effectively having to repeat the medical assessment in a written format?

I've barely slept since last Thursday, my pain levels are through the roof and my head feels like it's full of barbed wire wrapped in candy floss so I just can't face calling them because at the moment I just can't 'follow' or make sense of anything they may try and tell me.

I just don't know, now, what to do for the best.

I am panicking because it's now Wednesday, and all I've done is told them in a phone call that I'm not happy with the decision, and they told me to put that in writing ... but I can't work out if I'm supposed to be asking for a full Medical Report, or if there even is such a thing.

I've read so many different things here and I've got so lost navigating my way round, ending up with dozens of open tabs because when I open a link i haven't been able to find my way back to where I was, but then I've ended up so muddled up with how many tabs I've got open I've just had to close the browser and start again.

Please forgive me for this explosion of words ~ I would be SO grateful if you could give me a tpointer as to how I should proceed for which I thank you, hugely, in advance

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #145993 by Gordon
perpetuallypuzzled

Welcome to the forum, we'll do our best to help.

What you will have received is the Decision Maker's Statement of Reasons, there will also be an assessment report that you can request from the DWP by phoning the DWP office that dealt with your claim.

The first stage to an appeal is to request in writing a Mandatory Reconsideration, as you are outside the normal month to do this you should also explain why the request is late. The process is explain in our PIP Appeal guide and there are template letters you can use in the Members Only area.

You can either explain your reasons in detail in the MR request or tell them that you will send a detailed response once you have received the assessment report. You will have four weeks to do this but should do so earlier if possible,

As you are new to the site I would also recommend that you have a look at our PIP Claim guide to make sure that you fully understand the criteria against which you were assessed.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

Please Log in or Create an account to join the conversation.

  • perpetuallypuzzled
  • Topic Author
  • Offline
More
8 years 3 months ago #148834 by perpetuallypuzzled
Replied by perpetuallypuzzled on topic x
ORIGINAL POST TITLE: from DLA Highest & Higher to PIP Standard for both

Thank you very much for your reply, which I have only just seen today (22 Jan '16), as I haven't looked at the site since I submitted my post.

After I'd submitted that post, I came to understand I could request a copy of the full medical assessment, which I did. It was full of inaccuracies. I went through this report and eventually (over a full 2week period) managed to write a response

Please Log in or Create an account to join the conversation.

  • foss27
8 years 3 months ago #148852 by foss27
Replied by foss27 on topic x
Hi
Thats great.
Don't forget the usual response is to just rubberstamp the decision so don't get despondent if this happens.
You can take your appeal to the next level which is an independent panel.
There are lots of posts on this forum of successful appeals at the panel if you want some positive reinforcement.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.