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TOPIC: DLA to PIP. 0 points scored.

DLA to PIP. 0 points scored. 2 months 1 week ago #193460

Hi folks

My friend who has emotionally unstable personality disorder got a letter today to say that she hasn't been awarded any points from her recent medical to transfer from DLA to PIP. She was previously on middle rate care and low rate mobility and had been awarded it on for an indefinite period. I'm baffled to how they came to this conclusion as it was me that helped her fill in the forms. Seems that there has been something dodgy going on. I questioned my friend today in more detail. She had a home visit as she suffers from agoraphobia and rarely leaves the house and first off the health assessor was an hour late so by the time the assessment had taken place my friend had had to medicate as she had been freaking out and having panic attacks. Secondly the assessor stated that she didn't have a laptop with her as all the laptops were broken and that she was doing the questions from memory and taking notes on a note pad and then thirdly the assessor was very sneaky and sceptical throughout. She would ask a question, get an answer and then later on during the interview ask the same question again only change the wording.
I have heard rumours that Capita reward staff who get somebody a fail with a bonus so not sure if this is the case. From doing tests online with my friends answers she should have been awarded enhanced care and standard rate mobility but not a single point for any section was awarded so seems to have been a standard fail or white wash.
I'm going to start the process of the MR1 but has anybody any advice regarding the points I made above and the health assessor being late, not having proper equipment and being sneaky with her questions

Thanks

Chris

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DLA to PIP. 0 points scored. 2 months 6 days ago #193512

Chris

I don't think you can make any assumptions about the quality of the assessment until your friend has sight of the assessment report, it may be deficient due to the reasons you mention but it may not. I am separating these from the actual content of the report which may have it's own problems, but unless you can show that there are fundamental errors in the report, it's likely that the DWP will still favour it over friends evidence, so your friend may need to consider whether they are up to taking their case to appeal.

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 their 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

They should contact the DWP for a copy of the assessment report if they have not already done so, I would phone them but again follow up the request in writing. Once they have the assessment report they 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.

Their primary task is to show that they meet the criteria, there are many reasons they may have failed, they need to address each of these they should try not to get bogged down in criticising the assessment report unless they 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 their claim, come back to the forum 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

DLA to PIP. 0 points scored. 2 months 5 days ago #193586

Hi Gordon

I was talking to her today and she rang her GP. DWP never contacted her GP, her primary care giver or even her psychiatrist so they have went by what the assessor has said. I also contacted a friend who is currently learning to be a decision maker for PIP and he said that he has yet to see a report where further medical evidence has been obtained. It's all done on the say so of the assessor. I'll complete the MR stating that they didn't obtain medical evidence and why not and then request the face to face assessment report and then report back once I know more.

Thanks very much

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DLA to PIP. 0 points scored. 2 months 5 days ago #193607

Chris

There is no legal requirement for those assessing your friend to contact their health care contacts, in fact it would be unusual if they did.

It's worth mentioning in the MR letter, but awards are only made because the claimant has show that they meet the criteria for one so that should be the focus of everybody's efforts.

Gordon

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DLA to PIP. 0 points scored. 1 month 4 weeks ago #194246

Hi

I have now saw my clients face to face assessment report as my client rang and asked for them.
So no mention of no laptop. No mention of being late and more or less has pure lied throughout the whole report. so what do I do now?

My thoughts are this.
1.Try and use a freedom of information request to see how many people have been failed by the assessor.
2. Put in a complaint to Capita and PIP for the lies.
3. Write a letter detailing how the report is lies and go through it step by step.
4. Get Drs evidence to back up the letter that I am going to write.
Or 5. Do minimal work for the MR because the chances of it being overturned anyway is slim to none and to just start the ball rolling to gather as much evidence for the appeal.

Any help appreciated

Thanks

Chris

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DLA to PIP. 0 points scored. 1 month 4 weeks ago #194248

chris_belfast

What does your client think?

As to your suggestions

1. I would be surprised if the information would be available.

2. A good idea but understand that this is separate from any MR or appeal

3. All this does is show that the report is sub standard it is very unlikely to result in an award.

4. Awards are made by the claimant showing that they meet the criteria, new evidence may be one way of showing this.

5. Down to your client.

Gordon

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