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DLA to PIP Procedure
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6 years 4 months ago #202647 by Banger
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Had a phone call from DWP asking if I wanted my report from ATOS in large print but it would take 10 days so I just said send as is I will scan and blow up.
It seems that This email address is being protected from spambots. You need JavaScript enabled to view it. is customer service for DWP as I didn't have chance to follow up with a phone call, so if you want to email DWP use the above address.
It seems that This email address is being protected from spambots. You need JavaScript enabled to view it. is customer service for DWP as I didn't have chance to follow up with a phone call, so if you want to email DWP use the above address.
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6 years 4 months ago #202820 by Banger
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I have had my ATOS report and it seems that the MH nurse didn't agree with anything I said. Didn't even agree with the fact that I only microwave my ready meals and eat once a day or not at all. Looks like I will have to appeal.
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6 years 4 months ago #202830 by Gordon
You obviously need to wait for a Decision to be made but if it is also negative then 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
Replied by Gordon on topic DLA to PIP Procedure
Banger wrote: I have had my ATOS report and it seems that the MH nurse didn't agree with anything I said. Didn't even agree with the fact that I only microwave my ready meals and eat once a day or not at all. Looks like I will have to appeal.
You obviously need to wait for a Decision to be made but if it is also negative then 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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6 years 4 months ago #202863 by Banger
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As per your example the assessor saw me walk 13 metres and said my gait was normal and no breathlessness from chair to assessment room and concluded from this I was able to walk 200m. Also because I was relatively attentive and seemed normal concluded that I was able to cook a simple because I was relatively well kempt and seemed to have good insight into the process.
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6 years 4 months ago #202982 by Banger
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I took along a diary of a typical day to the Assessment and at the beginning of the Assessment presented to the Nurse. She didn't read it and I was under the impression they should ask me about a typical day this is why I took the diary extract. Should she have read and listed this in the evidence on the report as it seems totally absent from the report and I saw her outside later talking to what appeared to be another colleague having a smoke with my diary. I wonder if it has been forwarded to the Case Manager or duly lost?
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6 years 4 months ago #202990 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Procedure
Banger
If the report was used it should be listed as evidence on the assessment report. If it isn't then you could include it in your MR request but a single day of diary information may be of limited value, especially if your conditions are variable.
Gordon
If the report was used it should be listed as evidence on the assessment report. If it isn't then you could include it in your MR request but a single day of diary information may be of limited value, especially if your conditions are variable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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