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DLA to PIP transfer complete mess!!

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6 years 5 months ago #198589 by fwlanza
DLA to PIP transfer complete mess!! was created by fwlanza
Was sent form to transfer from DLA to PIP on 26/06/2017. Filled it out & sent it off with 20 pages of medical evidence etc registered post ,which was received on 05/07/2017 ( I phoned to check if both form and evidence was received and was told it was). Had face-to-face on 28/08/2017 ( Bank holiday) and arrived 20 mins early. Assessor was waiting and when I finally got into room, I asked if he had read all my additional evidence and he said "No,,but I will read it now"..then began the assessment..Gave him my repeat prescription( 16 items ) but he said he already had a copy...
After the assessment, rang DWP and received a copy of report on 07/09/2017. It was terrible, inaccurate dates, almost illegible, no evidence shown for his decisions etc. I was appalled and immediatley wrote a formal complaint to IAS ( Atos) and copy to DWP.
Complaint acknowledged by IAS on 08/09/2017 with 20 days to look into it.
Then on 19/09/2017, had call from DWP asking if I had sent any additional evidence as they had not seen any. I resubmitted on 20/09/2017 and was rung back on 23/09/2017 to say it had been received and scanned into system ( even though it was submitted with original questionnaire and that had been scanned at the time). I was told I would receive a decision by the end of following week. Medical report gave me 10 pt( standard rate care ) & 4 pts (Mobility ) from enhanced care & mobility DLA.
I rang person who had called from DWP following Thursday (28/09/2017 ) to be told decision had been made that day but she could not tell me the decision but letter had been sent that day.
I rang on 03/10/2017 as I had still not received no letter and was told I had an award of standard rate care & zero mobility and that letter should be here within next few days.
I rand IAS to see if any decision had been made on my formal complaint but they said it was still not 20 working days ( it was 18 working days).
Then today ( 04/10/2017 ) had phone call from IAS to rearrange a new medical as requested by DWP. I explained that decision had already been made. I asked that I phone DWP first and DWP told me that original decision had been deemed not fit for purpose and had requested IAS to look again. I still have not received decision letter, so explained that I would be making mandatory reconsideration anyway and medical date, at home , was to be 18/10/2017 ( 8 days before end of MR 28 days date ).
Lady at DWP could not understand how decision could have been made with a not fit for purpose report and they had requested IAS to look again at evidence only yesterday ( 03/10/2017 ) which was 7 days AFTER original decision had been made.
I am now awaiting a call back from DWP special services ? ( within 48hrs ) and IAS complaints ( today or whenever?)
Have you ever heard of a mess like this, why can they not do a paper assessment or the CM is able to do assessment based on all my other medical evidence.
Last 2 DLA awards over 5 years and last 2 ESA awards over last 4 years have been paper based and led to High rate dla both and support group ESA.
Can you advise please ?

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6 years 5 months ago #198629 by Gordon
Replied by Gordon on topic DLA to PIP transfer complete mess!!
Fred

Your circumstances are certainly unusual but I have seen them before.

A Paper Based Review can only be done if the assessor is satisfied that they have sufficient information to make a recommendation to the DWP, I'm afraid previous PBRs for other benefits do not set a precedent for their doing a PIP one.

The fact that a second face to face seems to have been required suggests that you may struggle to get a PBR, you can try contacting your MP, they may be able to push IAS to do a PBR if their decision is marginal, otherwise you can contact them to see what information they are missing that might allow them to do a PBR.

Contacting your MP

Gordon

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

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6 years 5 months ago #198660 by fwlanza
Replied by fwlanza on topic DLA to PIP transfer complete mess!!
Thanks for the advice Gorden.
I spoke to IAS complaints department who have agreed that the original medical assessment report was not "fit for purpose" and I have asked if they will contact their medical department again to see whether a paper based assessment could be made and she agreed to email a request and I should here back either way by early next week. If not, I have a home based reassessment booked on 18/10/2017.
Just received decision makers letter this morning which is based entirely upon discredited report and DM does not seem to have looked at questionnaire or medical evidence or list of prescribed medications either. Like the blind leading the blind.
Now awaiting call back from DWP special services dept? who will explain how decision could have been made at all and how they have managed to request reassessment 5 days after decision has been made. Also, what effects this decision will now have upon my other benefits until situation is sorted out, because usually, once computer says no, all other agencies are advised.

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6 years 5 months ago #198675 by Gordon
Replied by Gordon on topic DLA to PIP transfer complete mess!!
Fred

If you are receiving Housing Benefit then this will be stopped but you can contact your Local Authority and make what is called a Zero Income claim and have the HB reinstated.

If your ESA was Income Related then you will have lost your access to free prescriptions and dental care.

Gordon

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

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6 years 5 months ago #198699 by fwlanza
Replied by fwlanza on topic DLA to PIP transfer complete mess!!
I have now emailed both my local MP and DWP sec of State David Gauke at the DWP and will see whether this will have effect. I am not confident but feel that I now have done everything I can at the moment

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6 years 5 months ago #198881 by fwlanza
Replied by fwlanza on topic DLA to PIP transfer complete mess!!
After 4/10, I have received phone call from denise at IAS(Atos) to tell me my formal complaint against medical report has been upheld and report is deemed "not fit for purpose ". She also agreed to email medical dept again to see if a paper based review can be done. They will let me know this week. Next day, I had call from Helen in DWP special services who also agreed that report was "not fit for purpose" and that DWP CM should not have signed off on award before complaint had been investigated. Also, CM did not review resubmitted medical evidence that was initially lost and based award solely on medical report. She also agreed to email IAS medical department to ask if PBR can be carried out and noted this on case file. I also asked about my rights for mandatory reconsideration and 28 day rule, so she took verbal MR request over phone and I would send formal letter in post next day, which I have.
I now feel slightly more confident as both parties agree that this case has turned into a complete and ugly mess through no fault of my own.

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