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DLA transfer to PIP

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5 years 6 months ago #219758 by RedRed
Replied by RedRed on topic DLA transfer to PIP / ESA reassessment
Had my ATOS medical today. The assessor was a nurse, again. She was very pleasant and sweet, made me feel relaxed which helped me talk more than usual. She was honest, she said she only glanced at my form, but she seemed to have a vague idea even if she didn't know my condition. From her line of questioning, it was clear she didn't know, but she came across as warm and like she understood, even if she was no expert. She empathised and sympathised a lot. I can't criticise her manner, she was friendly. She did interrupt me occasionally, but also, she went back and forth over the questions, so we covered the same ground again and again, so now I can't remember what I did and didn't get a chance to say. :/ She paid me a compliment at the end too, that I came across well and described everything, I can't remember her exact words, but she was bigging me up and making me feel better.

The run up was a little chaotic. ATOS said I needed a GP letter to authorise a taxi, but they gave me the wrong fax number. My GP was on leave during this time, she just returned yesterday. She very kindly sorted a letter for me, only to not be able to send it. The surgery tried to call me, but I was resting yesterday, plus the weather had turned which knocks me sideways, I was fast asleep. I woke after 5pm, by which time there was little we could do. I called ATOS and told them what happened, the woman I spoke to gasped when I read out the incorrect fax number. That clearly shouldn't have happened! So they know there was an issue and it's not my fault. I don't know if I will get my taxis reimbursed, something close to £50.

I think I was lucky to be seen today. There were people whose appointments were hours before mine and they were still waiting when I got there. Loads of people were being sent home and asked to come another day. There was one man who said this was the second time this had happened to him in as many weeks. Shocking disorganisation. I have been having assessments for 18 years, I have never seen anything like it before.

Anyway, just checking in. :) I've written up how the interview went, and now I'm having tea and too much cake for the trauma. The panic attacks this week have been awful. I was quite shocked when the HCP turned out to be really nice. It was a relief to not be treated badly for a change. But I know that's no indication of what she'll write in her report. I'm just grateful she was nice. This is all I can handle right now.

I'll let you know when I have any more news. Thanks, Gordon. :)
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5 years 5 months ago #220640 by RedRed
Replied by RedRed on topic DLA transfer to PIP
Hello,

I *think* I passed ESA. :ohmy: I'm not sure though. There's nothing specifically saying 'you have passed'.

I requested a copy of the ATOS report. It arrived yesterday, along with another brown envelope... uh oh... It was an award letter! It says about ESA - 'change in ESA rate payable. "We have looked at your claim again... blah blah... From 10 April 2018 etc etc We used the tax years ending 5 April 2013 and 5 April 2014 ... extra money because you are in the Support Group'.

2013 was when I got the form to transfer from IB to the new ESA.

Strangely, it lists DLA as income.

The ATOS report, whilst not 100% accurate, is near enough! :ohmy: It's short, to the point, and in my favour. At the back, she writes "The client was found to meet the criteria for Limited Capability for Work and Work Related Activity".

I know this isn't a decision, we have to wait for what the DWP decide. But getting the above award letter on the same day has confused me. What do you think? Have I passed?

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5 years 5 months ago #220670 by RedRed
Replied by RedRed on topic DLA transfer to PIP
I just called ESA. Yes, I passed. :) :) :) :)

They want to reassess me again in 18 months. April 2020. I asked why, as my illness is lifelong. She wasn't able to say. Is there anything we can do about this?

I requested a copy of the decision maker's report - Statement of Reasons is it called?

I am still recovering from doing the forms. My vision is getting better slowly, but the oedema and stress eczema around my eyes is still there. My face has completely changed, which is very upsetting. I noticed my breathing still isn't right, and anxiety is still high with more sweating than usual. It's pure stress. My condition deteriorated these last few months. I am angry about this, to be honest, with them putting me through all this. It's not right to pay for things with your health. :angry:

Anyway, I passed ESA for now. Still waiting to hear from PIP...

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5 years 5 months ago #220709 by Gordon
Replied by Gordon on topic DLA transfer to PIP
RedRed

Many congratulations on the award, well done.

I'm afraid there is nothing that you can do about the reassessment period, ESA is an indefinite award with scheduled reassessment, as such the reassessment date is not part of the Decision and therefore has no right of appeal.

Don't be surprised if you don't receive the DM's Reasons, they will likely say that as you have the assessment report they do not need to provide this.

Gordon

Tags: @RESULT ESA

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #220740 by RedRed
Replied by RedRed on topic DLA transfer to PIP
Thank you. :) I have emailed my MP about the constant reassessments. When the government announced last year that lifelong conditions wouldn't be constantly reassessed, they led everyone to believe that would be the case, and the reality is it's not.

Bad news - I got the DWP decision for the DLA transfer to PIP - I failed. :(

They upheld the lies, twisted facts, and fabrication in the medical assessment report, and then made up some more! It's unbelievable! Remember the report says I was writing notes when the only thing I did was write the assessor's name? They used that against me. And I raised my arms to indicate pain in my shoulders that was building, which was described as "waving my arms around", that was used against me. Then I don't take medication for my condition as there is no cure and I exhausted everything the NHS had to offer, that was used against me, in fact, they say it's "inconsistent". Inconsistent with what? There's no cure!

This decision is utter bs. If this is their case, it's ridiculous.

What do I do? I know I should appeal, but I don't think I have ever done this on my own before, and my mind's gone blank. :( There's an advice centre at a university nearby where law students help, and if they can't, they refer you, but it depends on me getting there, and there is no knowing that with my health worse than before and even more fluctuating and unpredictable.

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5 years 5 months ago #220746 by Gordon
Replied by Gordon on topic DLA transfer to PIP
RR

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

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
The following user(s) said Thank You: RedRed

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