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TOPIC: Transfer from DLA to PIP unsuccessful

Transfer from DLA to PIP unsuccessful 4 months 1 week ago #190995

Hello all. We have recently had to claim for PIP, transferring over from DLA, for my husband who has moderate depressive disorder with somatic symptoms, ezcema, IBS and insomnia.

We received the decision letter at the weekend following a face to face interview 3 weeks ago. He has been awarded 2 points for daily living and 4 points for mobility. He was previously in receipt of Mid rate care DLA and low rate mobility.

I have called the PIP office today to request the report from the face to face as my concerns are that the assessor, in her conclusion, has used assumptions and not facts when reaching her decision. An example of this being "you were seen reading your ID documents" , I had possession of his ID at all times and it was me that gave them to the assessor and then received them back from her. She has used this as justification that he has no problems with comminication /reading complex instruction. She also states that " you used to work as a civil servant in accountancy which involved office based transactions over the telephone and computer. Therefore I have decided that you can managed these activities safely and reliably for the majority of days" . THIS is the one that has really concerned me as my husband gave up this job 10 years ago due to his mental health! How can the fact that you used to be able to do a job relate to his current needs?

There are other things in her summary that concern me and my question is this. How do I address these concerns without appearing confrontational? Obviously, I am livid and my husband's mental health has taken a turn for the worse during this whole process.

Thank you.

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Transfer from DLA to PIP unsuccessful 4 months 1 week ago #191039

  • Gordon
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Emma

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Historic competence in completing an activity is often used by DM's a justification for withholding points, they seem incapable of understanding that capability can change with illness.

I would certainly point out the two discrepancies that you mention but an award will only be made by you showing that he scores sufficient points for one so I would go back to his PIP2, the assessment report when you receive it and our PIP Claim guide to make sure that you have you have shown that the meets the legally defined Descriptors and that he can complete the activities reliably and on the majority of days.

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

If you have further questions then please reply to this post and we will do our best to help.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Transfer from DLA to PIP unsuccessful 4 months 1 week ago #191107

Thank you for your reply Gordon. Indeed, we were quite surprised that she mentioned his old career as evidence that he could carry communicate and understand complex information. His mental health condition has taken such a toll on his capacity for things that he once took for granted. A fact that we made clear at his face to face yet she seemed to ignore that and made her own conclusions.

I have been browsing the guides on the site and have been finding them very helpful, it has made me feel more confident in proceeding further. I have contacted the PIP people and requested the full report and am going to go through it with a fine tooth comb and put my request for reconsideration in writing. This is so stressful and so saddening that there are so many of us in the same situation.

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Transfer from DLA to PIP unsuccessful 4 months 1 week ago #191279

Ok, so we have had the report come through and there are quite a few inconsistancies and assumption made by the practioner, which I am going to address in my letter requesting MR. However, could anyone tell me what this type of professional is, RGN/DA , i understand the RGN bit but have no idea what the DA stands for.

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Transfer from DLA to PIP unsuccessful 4 months 1 week ago #191299

  • Gordon
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EmmaH wrote: However, could anyone tell me what this type of professional is, RGN/DA , i understand the RGN bit but have no idea what the DA stands for.


DA - Disability Assessor

Gordon
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Transfer from DLA to PIP unsuccessful 2 months 3 weeks ago #194654

So we have a further update. I requested Mandatory reconsideration and we were given 4 weeks to get our further evidence to the case manager. It took 3 weeks to get a letter back from the GP, who basically confirmed every point we have raised. I kept the PIP office informed that we were waiting on the GP letter, no problem they said. The fact that you are keeping us up to date will be on record and we will hold your reconsideration until all FME is with us.
FME was posted recorded signed for and received by their handling centre 2 days before the end of the 4 week period! I called them to ask if it had been logged on the system, no it had not but as it was showing signed for I should not worry. They took the tracking number and said nothing will be actioned until it was scanned.

A couple of days later we receive a letter, dated the same day I called and was advised of the above. We have looked at your claim and basically, due to no further evidence being supplied we have decided the original decision stands!! I contacted them and they said it was all scanned on to the system and that they will reopen the mandatory reconsideration and that they were sorry this had happened. That was over a week ago but I called yesterday to double check that it was being re looked at and was assured that it had been passed to the decision makers as a High Priority on the 31/07, once again they stated how sorry they were.

The moral of this tale? Do not take what you are told over the phone as gospel. This has made an already stressful situation, 10 times worse. The waiting game continues!
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