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DLA to PIP

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6 years 8 months ago #196029 by siaman
DLA to PIP was created by siaman
I would like to share my wifes recent assessment for transferring from DLA to PIP. The assesor arrived earlier than the appointed time which didn't really suprise us. After the assessment we received the news that she'd gone from higher rate mobility , lower rate care on DLA to standard rate mobility on PIP. Having then read through his assessment I was suprised with some of his comments. Firstly he commented on my wife being able to unwrap a sweet which in fact was a Halls menthol tablet , what he failed to mention was that I'd started to unwrap it before I passed it to her. He also commented that she could open her bottle of water with no problem , if he'd given us the chance we could have explained that after her bottle is opened for her the top is always left loose. When asked about going out and meeting people we explained how my wife has lost all confidence after having a masectomy in 2013 and she only goes out if a family member is with her. I asked my wife to share her experience with him about the time she had to travel on her own unexpectedly to our daughters in a taxi which was only a short journey and unfortunately I was at work and couldn't be with her ,the thought of that taxi ride bought her to tears and I had to explain, but he didn't write anything down, just moved on to the next question. He asked if she could plan a journey, her imediate response was, no chance, then straight away he asked, what about the hospital and she said no, he then went on to the doctors and finally he got a yes. That was hardly suprising considering the number of times she visits the doctors and it only being less than a mile away, I thought we might go on until she said she could plan a journey to the bins in the garden, why can't they accept your first answer. She told him she had problems with painkillers making her sick and explained which ones, he then remarked she was taking no analgesia even though she told him she was perscibed amitriptyline. He went onto the physical test and in his report said she had no problems with but conveniently left out that on two occasions she cried out and on one she stumbled onto the fireplace Finally I asked if I could pass on some more information that we'd got since sending in the application and he told me to either send it to or ring Capita, I rang Capita and they informed me it's nothing to do with them and to pass it on to the DWP. Surely he should have known that and it doesn't bode well for anything else he's got wrong. We are now asking them to reconsider their decision and despite sending in her medical record , they're asking for doctors and hospital letters, which are not easy to get. Any advice would be welcome and apologies for rambling on

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6 years 8 months ago #196038 by Gordon
Replied by Gordon on topic DLA to PIP
siaman

Did she score for the Daily Living component?

The PIP Mobility test is a lot harder than the DAL one, a Standard award is actually equivalent, in criteria terms, to the DLA Higher Mobility. Where did she score the points?

Have you actually requested an MR yet? If not then the DWP need to receive your request no later than one month after date of the Decision, our PIP MR & Appeal guide explains the process and there is are template letters you can use for the request.

www.benefitsandwork.co.uk/help-for-claimants/pip

You may need to take this to appeal, revision rates at MR are very low and if you are struggling to source additional evidence it may be difficult to get the DWP to change the Decision. An appeal panel will look at everything from scratch and they are much more open minded about the validity of the assessment report.

Although it can be tempting to lead with the problems in the report, a higher award is only going to be made by your showing that your wife meets the criteria for one, so I would start by going back through her PIP2, the report and our PIP Claim guide to make sure that you have shown that she does.

Remember that the activities must be completed reliably and on the majority of days not to score points.

If we can help further then reply to this post 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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6 years 8 months ago #196059 by siaman
Replied by siaman on topic DLA to PIP
Thank you Gordon, she scored 10 for mobility and 6 for daily living

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6 years 8 months ago #196071 by Gordon
Replied by Gordon on topic DLA to PIP

siaman wrote: Thank you Gordon, she scored 10 for mobility and 6 for daily living


Was the Mobility just for the Moving Around activity then this is the same as she had for DLA, if she scored the 10 points for just the Going Out activity then I'm afraid that she is unlikely to score higher. If it was mixed can you tell us what she scored for each activity.

If she just scored for Moving Around then she will need to show that she cannot on the majority of days reliably walk more than 20m.

What activities did she score for in the Daily Living activities?

Gordon

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6 years 7 months ago #196099 by siaman
Replied by siaman on topic DLA to PIP
10 moving around 2 preparing food 2 washing and bathing 2 toilet needs . Since the application was entered she has been put on steroids for Giant cell arteritis , and we're currently awaiting the CT scan and blood test results for the cramp and spasm she keeps getting in her hands, we also now know she has rhumatoid arthritis.

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6 years 7 months ago #196121 by Gordon
Replied by Gordon on topic DLA to PIP

siaman wrote: 10 moving around 2 preparing food 2 washing and bathing 2 toilet needs . Since the application was entered she has been put on steroids for Giant cell arteritis , and we're currently awaiting the CT scan and blood test results for the cramp and spasm she keeps getting in her hands, we also now know she has rhumatoid arthritis.


OK for Mobility so will need to show that her walking is limited to less than 20m.

As to the Daily Living you need to show either that she should score higher for the activities that she did score for or that she should score in an activity that she currently has not.

Be aware that any changes in her conditions that occurred since the Decision was made will not be considered by an MR or an appeal, so the change in her medication cannot be considered.

Gordon

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

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