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TOPIC: DLA to PIP its my turn

DLA to PIP its my turn 4 months 1 day ago #197783

shella

Technically a request made outside the normal month allowed is classed as Late and you will need to explain why this is the case, but not having received the Decision Letter should be accepted as Good Cause for the delay.

The DWP can reject a Late appeal but I would not expect them to do so in these circumstances.

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

DLA to PIP its my turn 2 months 1 week ago #200774

UPDATE
I am so upset i cant even swallow I am spitting nails
i have just received a letter about my reconsideration nothing has changed ok so i read the decision.
I sent extra medical notes doctors letter. there was no mention about the extra information it kept on about the actual assessment .....this is were it get messed up
it states that i had a handbag i don't own one i never carried anything in there i was never asked questions on my disability i have had to do this on my own and explained that every thing in the letter is assumption
i m going to need alot of help guys as the this is going to get me upset.
phoned PIP they say that they cant do anything about the report fair enough was told i could make a complaint. phoned atos women listened to me vent and was really nice she gave me the address of where to sent complaint letter.....
i need some advice on how to proceed further i have read all information on appeals i used the information on reassessments and feel i am not getting my point across
.1 PIP form asks you how your disability affects YOU. it does not matter that if you have not got the help.
so why are they saying that you have to have evidence?
2 why do they want a diagnosis
3 the door was open when i had my assessment i didnt notice it straight away when i did i was mortified..... stopped answering questions when i did it was ummmm and nodding
was told that does not make a difference
4how can an assessor judge that you can carry a small empty pan ( its too heavy for ME to hold) by saying you held a plastic cup half filled with water so you can hold a pan so you can cook
and the list goes on
how do i fight this in what way do i go ahead how do i make a complaint in the right way
i really don't think i am going to win but atos have really really upset me with out right lies you read all the stories but deep down you dont want to believe that it is true well i can say it now because thats what they have done to met i am stunned as i believe there is no way to prove
what went on in that room they are going to bury me
i had read and downloaded all relevant info and used the templates
i will never get over this i was really unprepared for the lies

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DLA to PIP its my turn 2 months 1 week ago #200778

Sheila

The first thing to say is that revision rates at MR are very low, officially less than 20% but our experience on the forum is even lower, however, success rates at appeal are officially in excess of 60% but we see higher rates on the forum.

The Decision Maker is committed to the assessment report, unless you can show that there are fundamental problems with, then they are not going to change that view and nothing you have posted is that fundamental. I'm not saying that is correct in any way, just that realistically you are not going to convince a DM that is wrong.

An appeal panel will look at all of the information with a much more balanced approach and because they can ask you about how you are effected they can with their own eyes see what is wrong with the report.

To try and answer your questions.

1. You don't but you do need to explain in detail why you cannot complete the PIP activities and what difficulties that you have.

2. A diagnosis is not required but will certainly help, it's easy to understand why someone with a broken leg would have problems walking, because their leg will be in a plaster cast, but most conditions are a lot less obvious. So if you have problems walking due to joint pain, then a diagnosis of Arthritis will help explain that this is reasonable.

3. I'm afraid I'm not sure what to say about this.

4. You've picked on the example of an empty pan, have you documented problems with other activities where this sort of problem would also manifest itself, for example Washing and Bathing. IT's not just about your documenting a problem , you need to show a consistent approach and be aware of other activities that could argue against you having a problem in one particular one.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Gordon
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DLA to PIP its my turn 2 months 1 week ago #200781

Thanks for the quick reply Gorden

1
I thought I did I went into detail I didn’t just tell them just about one thing I could not do or is painful to the point of felling sick for example the empty pan its not that I cant feel the grip its also about lifting it up…..then I went into putting my cloths on and cant lift my arms up to put a top on then I went into lifting my hands to open a door my problem is that its pain I am talking about pain that stops you in your tracks plus having no control over thinking you have a grip when in fact you haven’t add onto that trying to tell personal things then finding out that the door was open and everyone herd what you said I went into great detail in the reassessment letter from GP confirming what I had wrote medical notes that were relevant
2
I understand what you have said I explained in the submission what difficulties I have in detail
3
I read the 50 ways ……medical report reading that it said if there was anything that the medical report should not be relied upon one of the thing that happened was the door was open stopping me from answering the questions in more detail ….they dismissed that.
4
In my reassessment letter I basically said what I could not say at the assessment and answered questions that was assumed that I could do

The overall difficulty I have is that the disabilities that I suffer don’t show I just get on with it. I explained how it is dangerous for me to walk as I tip over for no reason add on top of that my legs just give way I pass out due to pain . I thought having a GP that knows me and willing to write saying that what I have said he agrees with what I have written plus medical notes.
Right now I am really scared as I don’t know what to write there is nothing I can add
They have dismissed my evidence I have looked at the appeal documents don’t really know right now what a submission is I will by tonight though…….at this moment I really don’t see how going for an appeal will work in my case
I know this might get some peoples back up but it’s like they want to see you in pain and agony if I ever showed the amount of pain I am in I would be finished I would take to my bed and give up……..how do you move on from this the disabilities are worst than ever because they have refused me funding for the pain relief that used to work not 100 percent but enough to keep me healthy in mind.
I have asked for help no appointments till after 6 weeks I only have 4 weeks to get papers in. I will do what you say…..thank you

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DLA to PIP its my turn 2 months 1 week ago #200788

Sheila

You have plenty of time to get things sorted out, you do not need to go into detail on the SSCS1 as to why you are requesting an appeal, your detailed reasons, which will be in your submission, in reality do not have to be with the Tribunal Service until 7 days before your hearing which is likely to be many months away.

It may be that you do not need to submit new information but I would encourage you to go back through everything you have submitted. Have you really shown that you meet the criteria to score points? Have you explained it in an understandable way? Have you made effective use of the reliability terms and on the majority of days?

Gordon

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DLA to PIP its my turn 2 months 1 week ago #200811

thank you i believe you are right that is one of the points in my application that i don't understand if it not to the point......the problem is i am not able to explain any more than i have done i am stumped i have re read everything on this site and i dont think i am getting it
the assessment person asked questions that i did not understand and told her so her questions were like .........how did you get here today ....my answer was i drove then took a taxi the fact that we went to the address the night before and they knew that i could not do it so they planed the journey and used the sat nave to get to a taxi rank and took the taxi there.
it did not occur to me i answered the question but there was no scope to go further i need to read something that has more detailed information on how to answer the questions in more detail by examples can you point me in the right direction........i feel utterly defeated i have gone through all my paper work and still don't know how i could have answered better.....as i said before i find it very confusing if it wasn't for this site i would have been in a worst state than i am is there anyone out there who has the same problem that you have to go by yourself and know they will use it against you that the questions asked are not relevent to you
thanks Gorden

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