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DLA TO PIP
- J G
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4 years 10 months ago #234903 by J G
DLA TO PIP was created by J G
I am my brothers DWP Appointee. He has been head injured for 30 years and had recently been switched from DLA (awarded indefinitely) to PIP. He has remained on the same rates standard care and enhanced mobility but for 2 years "as your needs may change". He is head injured for 30 years he is not going to get any better!
I do not agree with the statement of entitlement. His assessor was a paramedic and I feel he has not understood my brother's cognisant impairments.He got 8 points for daily living activities. If I err on the side of caution he may only get another 3 points which means he remains on the the standard rate.
Also for mobility he scored 16 points - 12 planning & following a journey & 4 moving around. I feel the moving around should be 10 but he is already on the enhanced rate so changing this will not alter PIP
The award of PIP for 2 years is a joke he cannot get any better.
I am worried to ask for a mandatory review in case his PIP benefit gets reduced but if I do not challenge the assessment am I agreeing with it and will it go against us in 2 years time?
Or should I accept the scores and just ask for the 2 years to be reviewed? The thought of going through all this again so soon if a nightmare.
Also my brother has his DLA paid weekly but his PIP will now be paid monthly in arrears so for 4 weeks he will not have any PIP benefit. I did ring and query this but was told that this is the system and nothing could be done. Is this correct.
Thank you for your help with this
I do not agree with the statement of entitlement. His assessor was a paramedic and I feel he has not understood my brother's cognisant impairments.He got 8 points for daily living activities. If I err on the side of caution he may only get another 3 points which means he remains on the the standard rate.
Also for mobility he scored 16 points - 12 planning & following a journey & 4 moving around. I feel the moving around should be 10 but he is already on the enhanced rate so changing this will not alter PIP
The award of PIP for 2 years is a joke he cannot get any better.
I am worried to ask for a mandatory review in case his PIP benefit gets reduced but if I do not challenge the assessment am I agreeing with it and will it go against us in 2 years time?
Or should I accept the scores and just ask for the 2 years to be reviewed? The thought of going through all this again so soon if a nightmare.
Also my brother has his DLA paid weekly but his PIP will now be paid monthly in arrears so for 4 weeks he will not have any PIP benefit. I did ring and query this but was told that this is the system and nothing could be done. Is this correct.
Thank you for your help with this
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- BIS
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4 years 10 months ago #234905 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DLA TO PIP
Hi J
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Only you can make a choice whether to go for and MR (Mandatory Reconsideration) and as you have rightly pointed out, it could put his claim at risk if challenge it and it could be lowered.
The first stage to challenging a Decision (if you choose to do so) 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 your brother meets the criteria. There may be are many reasons why he may have failed and 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 he walked 50m, he did but they have failed to document that he 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.
We have not had many members report the success of getting the length of the award extended, but there have been some. Again - look through the guide.
Be aware that if your brother's award is two years they are likely to review 6 months before the end date. (It used to be a year).
Accepting the award only means that you didn't choose to challenge it, not that you agreed with the information it holds. Once a review comes up, it's like starting from scratch.
BIS
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Only you can make a choice whether to go for and MR (Mandatory Reconsideration) and as you have rightly pointed out, it could put his claim at risk if challenge it and it could be lowered.
The first stage to challenging a Decision (if you choose to do so) 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 your brother meets the criteria. There may be are many reasons why he may have failed and 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 he walked 50m, he did but they have failed to document that he 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.
We have not had many members report the success of getting the length of the award extended, but there have been some. Again - look through the guide.
Be aware that if your brother's award is two years they are likely to review 6 months before the end date. (It used to be a year).
Accepting the award only means that you didn't choose to challenge it, not that you agreed with the information it holds. Once a review comes up, it's like starting from scratch.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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