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DLA to PIP - Unsuccessful!!

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6 years 9 months ago #193415 by Harmony
DLA to PIP - Unsuccessful!! was created by Harmony
I've been in receipt of DLA for quite a few years & since my previous medical in 2011 (fab Dr) I was switched to an indefinite award, stayed on HR mobility with my care component increased from low to high rate.

It was stressful enough switching my IB/IS over to ESA so I've been absolutely dreading it being time for me to switch from DLA to PIP so have been trying to keep following the B&W news ready. I was finally sent the form in the middle of April. Before completing the form (most of it in a Word doc as I can't write much anymore plus the boxes are smaller than they ever were!) I re-took your online test which again came back that I should get Enhanced rate for both components of PIP.

I had my face to face at home on the 22nd June, it was done by a very stroppy Occupational Health Therapist who informed my Dad & I that she had a set protocol to follow & that I was to only answer her questions & no others would be answered as she mustn't be distracted!! Other than looking at my most recent optical prescription & repeat medication prescription (which she couldn't understand!) she wouldn't look at anything else & most definitely wouldn't take a copy of the evidence I'd already sent to the DWP!! The "physical" exam was a laughable waste of time!!

Neither my Dad or I were happy with either the assessor, her attitude or the way the assessment went & it seems both our instincts were right!

Yesterday I received a letter from Motability informing me that as I was no longer going to be in receipt of PIP or DLA then I have to give my car back by the 3rd Oct!! I immediately phoned the DWP who at first told me that they couldn't discuss it until I'd had the decision letter but then the guy did give me my decision which has been confirmed by the letter this morning, I've never read so much BS in ALL of my life!! It's very apparent from the Claim Managers report that she's only used the face to face report & hasn't even looked/used any of my evidence!!

I've requested a copy of my face to face assessment plus a copy of the previous DLA medical & have said that I will most definitely want a Mandatory Reconsideration.

I don't think I've ever been so flabbergasted & shocked!! How can the report of an OHT carry more weight than that of not just a hospital consultant but one from the hospital I'm under!?!

I've got a very busy weekend but then I'll be reading through some more guides to try & get myself ready for doing my MR. If there's anything else I should be doing then please let me know.

Lyndsay

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6 years 9 months ago #193429 by Gordon
Replied by Gordon on topic DLA to PIP - Unsuccessful!!
Harmony

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: Harmony, cyclops

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6 years 9 months ago #193463 by davis
Replied by davis on topic DLA to PIP - Unsuccessful!!
I know how you feel it happened to me not now but in the past and it makes you feel disgusted and let down all my life I trusted not know I could not believe that a professional could lie like that it took me a loooong time to get over it I needed closure that was not going to happen so i was advised to apply again it was hard for me to let go
the advice you have been given is correct there is no point in trying to prove that the person lied on the assessment think about it they will close ranks you havent got a chance I would concentrate on showing what you wrote on your form how you disability affects you from day to day it has to be worded right like the assessor did not take into account that amount of pain that I was in...........if my information is wrong mediators please let me know
i find it strange that i can help other people but lose it when it comes to myself lol

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6 years 8 months ago #194261 by Harmony
Replied by Harmony on topic DLA to PIP - Unsuccessful!!
Thanks again Gordon :)

Since my original post I've now gone through my report plus I finally received a copy of my previous DLA medical - the 2 reports couldn't be further apart in their assessments of me!!

Some of the issue's include;

The list of evidence used - much of it makes no sense, i.e., mentions consultants I've never seen!
Medical history - not all conditions listed or listed correctly
Medications - although most are listed, almost all doseages are incorrect
In her summary of social & occupational history she makes it read as though I live a wonderful life with no restrictions! In the next box for variability & activities she's left it blank.
Medical examination - other than her holding up an eye chart she didn't move from her seat! She did ask me to touch my toes & stand on one leg - it's been over 25 years since I last touched my toes! I wasn't able to do what she asked me yet she's put either that I did or that I refused.

The list of inaccuracies is absolutely beyond a joke!! I actually don't think any of my evidence was actually used!

For my MR should I correct every inaccurate descriptor?

My Dad who was with me on the day (& who is also medically trained) is as flabbergasted as me on the very mixed report & as such he's also writing a letter. I wondered whether he should also mention his job as a First Responder?

I'd be most grateful for any help & advice as I'm just tying myself up in knots. I've been through all of the MR/Appeal guides & have seen template letters mentioned but for some reason I can't seem to find them?

As an aside, my ESA has also been reviewed on everything I sent in for PIP & they've kept me in the SG & with all of the disability enhancements - I'm not complaining as I was dreading losing everything but how can the two departments come to different conclusions!?!

Many thanks in advance x

Lyndsay

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6 years 8 months ago #194266 by Gordon
Replied by Gordon on topic DLA to PIP - Unsuccessful!!
Harmony

Although it is important to deal with the issues in the assessment report don't lose track of the fact that you will only receive an award by showing that you meet the criteria for one, if you do tackle the report then first of all stick to issues that effect your ability to score, secondly try and stick to issues of fact, the assessor is employed for their experience of disability assessment (no I'm not joking :)) so arguing against their opinions, however bizarre, can be a waste of time at MR.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Harmony

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6 years 8 months ago #194268 by Harmony
Replied by Harmony on topic DLA to PIP - Unsuccessful!!
Thanks again Gordon :D

Do you have a direct link to the MR template letter(s) please? I've just gone through the guides again but can't seem to find it/any?

Many thanks in advance :D

Lyndsay

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