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Zero points
- JeBa
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4 years 8 months ago #250591 by JeBa
Zero points was created by JeBa
Awarded 0 points for PIP. DLA ends soon. ESA premiums: What am I expected to do about this? Am looking to do an MC as there are serious errors of fact in the decisions makers report. Is there a cut off timeframe for supporting evidence? When is evidence too old to be considered relevant or is there no such thing? What else will be affected by no award (I know about car schemes).
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- Gordon
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4 years 8 months ago #250593 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Zero points
Jeba
The only other thing that might be affected would be if someone was receiving Carers Allowance against your DLA claim.
The DWP prefer evidence that is no more than two years old but you can use older evidence providing you can show why it is still relevant to your conditions and limitations as they are now.
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 only other thing that might be affected would be if someone was receiving Carers Allowance against your DLA claim.
The DWP prefer evidence that is no more than two years old but you can use older evidence providing you can show why it is still relevant to your conditions and limitations as they are now.
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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- JeBa
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4 years 8 months ago #250597 by JeBa
Replied by JeBa on topic Zero points
Will the premium be automatically removed from ESA or do I have to contact them to inform them, as part of the change of circumstances?
The errors are those reported in the assessment report, which claims I said things in the PIP form that were never said. The decision maker (DM) has in one statement said I said X because of Y but my form clearly makes two very different statements. DM says I said I cut up my food into small pieces to stop me from choking. I searched the form and one statement says my carers cut up my food see care plan. The other statement says I consume different food textures separately to avoid choking as advised by the speech and language therapist (SLT report was supplied). It issues like these I intend to dispute.
The errors are those reported in the assessment report, which claims I said things in the PIP form that were never said. The decision maker (DM) has in one statement said I said X because of Y but my form clearly makes two very different statements. DM says I said I cut up my food into small pieces to stop me from choking. I searched the form and one statement says my carers cut up my food see care plan. The other statement says I consume different food textures separately to avoid choking as advised by the speech and language therapist (SLT report was supplied). It issues like these I intend to dispute.
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- Gary
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4 years 8 months ago #250598 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Zero points
Hi Jeba
The Disability Premiums are payable as long as you meet the entitlement criteria, if your PIP payments stop so will your ESA premiums.
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.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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.
Gary
The Disability Premiums are payable as long as you meet the entitlement criteria, if your PIP payments stop so will your ESA premiums.
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.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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.
Gary
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.
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