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DLA to PIP HOME BASED MEDICAL Benefit Cut
- tidley2002
- Topic Author
8 years 1 month ago #155631 by tidley2002
DLA to PIP HOME BASED MEDICAL Benefit Cut was created by tidley2002
I was getting DLA high rate on mobility and care..after being awarded the high rate at Tribunal in 2011/12. Then on 11-12 2015 i had a home PIP medical the outcome was that i get high rate mobility and the low rate of the care.The assessor was a paramedic,who i feel has no idea about Parkinson's Disease, i have had a heart attack ,i have sugar diabetes, i have had 2 brain operations i bowel operation,i have a replacement knee.i've had a spinal operation and i suffer with diverticulitis and depression. I remained seated throughout the entire examination so how could he assess how i cope with everyday living, how could he assess my movements,grip.walking, using a knife and fork. He did not ask me to demonstrate how i struggle with any tasks. He also did not write the answers i gave in my words he used his own words.and i feel it twisted what i said. I have appealed an it has now got to the stage of going to tribunal again on 30--5-2016. Advice on anything which may help me win my case would be greatly accepted..Thank you in advance.................It has taken me 2 hours 15 minutes to type this.
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- Gordon
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8 years 1 month ago #155664 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP HOME BASED MEDICAL Benefit Cut
tidley
If you have received the lower rate of PIP Daily Living then this would be equivalent to DLA Medium Rate Care. PIP has no Lower rate!
DLA HRC is awarded because the claimant has care needs both day and night, PIP takes no account of when you have problems but rather look at the severity and breadth of your issues, so it's not unusual for people who received HRC to only receive a Standard PIP award.
How many points did you score for DL?
Any challenge to the award will result in both components being reviewed so you need to be happy for this to happen.
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 and 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
If you have received the lower rate of PIP Daily Living then this would be equivalent to DLA Medium Rate Care. PIP has no Lower rate!
DLA HRC is awarded because the claimant has care needs both day and night, PIP takes no account of when you have problems but rather look at the severity and breadth of your issues, so it's not unusual for people who received HRC to only receive a Standard PIP award.
How many points did you score for DL?
Any challenge to the award will result in both components being reviewed so you need to be happy for this to happen.
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 and 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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- tidley2002
- Topic Author
8 years 1 month ago #155686 by tidley2002
Replied by tidley2002 on topic DLA to PIP HOME BASED MEDICAL Benefit Cut
I followed the procedure for it to be reconsidered,and have obtained a copy of the assessment report, I scored 12 points for the mobility and 8 points for DL..How can anyone assess what i am capable of doing when all i did was sit down through the whole examination..
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- bro58
8 years 1 month ago #155716 by bro58
Hi t2002,
The PIP Assessor makes their recommendations regarding an appropriate PIP award in the PA 4 Medical Report.
They use the PIPAT software programme which suggests recommendations with respect to the responses that you give to the pre-designated questions that they ask you.
They also take into account your PIP 2 Form and any other evidence that you may have provided.
The PA4 is then sent to the DWP PIP Case Manager (DM) who makes the final decision taking all the evidence before them into account.
bro58
Replied by bro58 on topic DLA to PIP HOME BASED MEDICAL Benefit Cut
tidley2002 wrote: I followed the procedure for it to be reconsidered,and have obtained a copy of the assessment report, I scored 12 points for the mobility and 8 points for DL..How can anyone assess what i am capable of doing when all i did was sit down through the whole examination..
Hi t2002,
The PIP Assessor makes their recommendations regarding an appropriate PIP award in the PA 4 Medical Report.
They use the PIPAT software programme which suggests recommendations with respect to the responses that you give to the pre-designated questions that they ask you.
They also take into account your PIP 2 Form and any other evidence that you may have provided.
The PA4 is then sent to the DWP PIP Case Manager (DM) who makes the final decision taking all the evidence before them into account.
bro58
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