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DLA to PIP Procedure

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6 years 3 months ago #203280 by Banger
Replied by Banger on topic DLA to PIP Procedure
I have received a letter from DWP and I scored zero points for PIP mainly due to the reasons put in the ATOS report, what now a MR? So ready to give up as it seems that being pleasant in the interview has gone against me with good rapport with the advisor.

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6 years 3 months ago #203300 by Gordon
Replied by Gordon on topic DLA to PIP Procedure
Banger

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 3 months ago #203302 by Banger
Replied by Banger on topic DLA to PIP Procedure
Is the assessment report the ATOS report because I already have that it's just I am not very good at arguing my points would a solicitor like Duncan Lewis be a better idea?

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6 years 3 months ago #203312 by Gordon
Replied by Gordon on topic DLA to PIP Procedure

Banger wrote: Is the assessment report the ATOS report because I already have that it's just I am not very good at arguing my points would a solicitor like Duncan Lewis be a better idea?


Yes the ATOS report is the assessment report.

Their website does not suggest that they have any experience of Social Security claims and problems with them.

I would have a look at the Appeal and Submissions guides to see what you need to do.

Gordon

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

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6 years 3 months ago #203315 by Banger
Replied by Banger on topic DLA to PIP Procedure
I have made a short list of comments I would be glad if you could look at them and comment.

Did not read or consider diary presented at beginning of assessment

Did not mention diary of typical day in history.

Did not examine mobility eg cardioresporitry system or ask if I was in discomfort when walking into assessment room.

HP mentioned "it must be nice to have a toilet up and downstairs" which I thought was prejudicial.

No mental function assessment carried out merely judged on appearance and reactions to questions.

Failed to record that I had been awake all night and when I got home went to bed to recover from interview also failed to notice how anxious I was at the interview as it is not recorded in the notes.

Have near vision glasses but they dont make any difference to blurred vision so have to rely on magnifiers or scanning and blowing up.

Mentioned pain in left shoulder but no attempt to test shoulder and not mentioned in report as I said it makes it difficult to get out of the bath.

HP didnt ask me how far it is to shops and it is not in the report that I had to stop several times during the 30 minute walk.

Cooking simple meal, was not asked at assessment to multitask as would be required preparing and cooking a simple meal. Observations invalid.

HP assumed I take daily diabetic readings which I dont I take them after meals if I remember to eat with low mood this is not what I said amd diabetes is kept stable by slow release metformin dose.

HO was told that I have burnt myself out and that was one of the reasons for restriction on taking therapy and medication and sometimes my phone is on charge and I dont always hear the alarm until well after the dosage time.

HP mentions well kempt but at assessment I had been wearing same clothes for 2 months.

HP failed to mention that I sometimes leak because I leave it too long and need prompting because I am pre-occupoed with anxiety and low mood thoughts.

Snapshot on a good day HP failed to notice anxiety at interview.

Glasses dont make any difference still need to magnify on screen.

Was anxious at assessment which HP failed to notice, dont always answer the door for fear of harm and some delivery drivers have to ring up to tell me they are at the door and minimun interaction at door with drivers.

HP reports that I rarely talk to my Auntie on the phone but this is not tha same as requiring help to engage socially.

HP says I am above avaerage build but I was 19 stone and have lost a lot of weight due to not eating over the last few years and a stone over the last year.

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6 years 3 months ago #203319 by Gordon
Replied by Gordon on topic DLA to PIP Procedure
BAnger

Most of these are good points to raise, with the exception of your walking for 30 minutes, even with stops you are assessing yourself as walking significantly more than 200m.

However, none of these issues really addresses your showing that you meet the requirements of the PIP Descriptors to score the points you need for an award. and it is by showing this that you will overturn the Decision.

Gordon

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

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