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Ex-Forces Failed to get DLA to PIP award
- Derek Bright
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6 years 6 months ago #197585 by Derek Bright
Ex-Forces Failed to get DLA to PIP award was created by Derek Bright
Had my assessment from DLA to PIP a few weeks ago, got the results through and despite being on DLA and an MoD disability pension for over 15 years , and in constant pain through arthritis in the back and legs they said I had minimal mobility issues.
The questions at the assessment, and the upper body exercises they asked me to carry out had nothing to do with how I cope with the pain and movement, and the only back and leg exercise I could not do due to balance problems was recorded as me refusing to do the tests.
Not impressed with the assessment process, but having read there report, there was nothing written in it to appeal against.
The questions and process is totally biased against disabled people and ex-forces who are trained to "push through" the pain and carry on. I thought there was a covenant to protect us, obviously not the case.
The questions at the assessment, and the upper body exercises they asked me to carry out had nothing to do with how I cope with the pain and movement, and the only back and leg exercise I could not do due to balance problems was recorded as me refusing to do the tests.
Not impressed with the assessment process, but having read there report, there was nothing written in it to appeal against.
The questions and process is totally biased against disabled people and ex-forces who are trained to "push through" the pain and carry on. I thought there was a covenant to protect us, obviously not the case.
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- Gordon
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6 years 6 months ago #197604 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Ex-Forces Failed to get DLA to PIP award
D
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If your problems are physical then you will need to show that you cannot reliably and on the majority of days, stand and then move (walk) more then 50m.
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you 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.
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
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If your problems are physical then you will need to show that you cannot reliably and on the majority of days, stand and then move (walk) more then 50m.
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you 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.
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
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