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Failed DLA to PIP advice appreciated
- Charizard
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6 years 2 months ago #209986 by Charizard
Failed DLA to PIP advice appreciated was created by Charizard
Hi Gordon, I posted around the 22nd of February requesting advice after my son and I attended his assessment for transfer from DLA to PIP. The assessor was hostile and asked leading questions. Thank you for you response in which you recommended I requested a copy of the report (which has still not arrived)! The case manager has failed his application giving him 0 points. He has a diagnosis of PDD-NOS/Asperger's Syndrome and a speech disorder. He has been on middle rate care and lower rate mobility DLA for 11 1/2 years. The case manager's report is factually incorrect amongst other things. I understand I can request a mandatory reconsideration but would be very very grateful for your advice about how to handle this as I followed the benefits and work guides when I applied. It is so frustrating. Professionals recognise his disability but the system has treated him like it has disappeared just because he is academically bright. if he doesn't have the benefit it will really impact his mental health. I really appreciate your help. Thank you.
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6 years 2 months ago #210027 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Failed DLA to PIP advice appreciated
Charizard
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
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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