- Posts: 1
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- TRANSFER FROM DLA to PIP, AWARD LETTER QUERY
× Members
TRANSFER FROM DLA to PIP, AWARD LETTER QUERY
- john peate
- Topic Author
- Offline
Less More
6 years 5 months ago #200100 by john peate
TRANSFER FROM DLA to PIP, AWARD LETTER QUERY was created by john peate
Hello Benefits and Work,
I am new to the forum .I have a daughter who is under the CMHT. Diagnosed with paranoid schizophrenia with a history of self harm resulting in numerous visits to A&E and behavioural problems. Sectioned 3 times in the last ten years and in the past was under a Community Tratment Order.
The CTO had to cease as she was found to have osteopenia of the spine. She has alwaysbeen awarded DLA high rate care and low rate mobility.
Suffers with extreme back pain; actually burns her back with a hot water bottle, which blisters and can get infected. Refused to be injected via pain clinic, because of being injected under the CTO and her belief that it has caused her spine to rot when she was in her early 20s. She takes preglabin for pain. In health asssessors report it was noted that the medication was not enough for pain to be significant. It states on medication label to be increased after one week.She has a fear that highering the dose will cause her more harm: all links from the CTO and getting osteopenia. Why did the assessor overlook this?
Felt that the evidence given in claim form and further evidence of visits to A&E including this year were dumbed down.
F2F at her home on 8 September 2017, with her CPN in attendance. Her CPN thought it went well.
On 5 October 2017, got 9 points( we thought she should have been awarded at leat 14) and awarded standard rate PIP and lost low mobility. Pip Award letter dated 5 October stated that on 28 November we will Pay you £214.55
Her last payment for DLA was on 10 October 2017 for £420. This means a wait of 8 weeks before any payment. Is this correct?
Any replies much appreciated.
Thank You
I am new to the forum .I have a daughter who is under the CMHT. Diagnosed with paranoid schizophrenia with a history of self harm resulting in numerous visits to A&E and behavioural problems. Sectioned 3 times in the last ten years and in the past was under a Community Tratment Order.
The CTO had to cease as she was found to have osteopenia of the spine. She has alwaysbeen awarded DLA high rate care and low rate mobility.
Suffers with extreme back pain; actually burns her back with a hot water bottle, which blisters and can get infected. Refused to be injected via pain clinic, because of being injected under the CTO and her belief that it has caused her spine to rot when she was in her early 20s. She takes preglabin for pain. In health asssessors report it was noted that the medication was not enough for pain to be significant. It states on medication label to be increased after one week.She has a fear that highering the dose will cause her more harm: all links from the CTO and getting osteopenia. Why did the assessor overlook this?
Felt that the evidence given in claim form and further evidence of visits to A&E including this year were dumbed down.
F2F at her home on 8 September 2017, with her CPN in attendance. Her CPN thought it went well.
On 5 October 2017, got 9 points( we thought she should have been awarded at leat 14) and awarded standard rate PIP and lost low mobility. Pip Award letter dated 5 October stated that on 28 November we will Pay you £214.55
Her last payment for DLA was on 10 October 2017 for £420. This means a wait of 8 weeks before any payment. Is this correct?
Any replies much appreciated.
Thank You
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51044
6 years 5 months ago #200123 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic TRANSFER FROM DLA to PIP, AWARD LETTER QUERY
Johny
I would expect her to receive a further DLA payment on either 30 October or 2 November, for either 26 or 28 days DLA and the first PIP payment on the 28th to be either for 28 days or 26 days.
If she wants to challenge the Decision then the first stage to doing so is for her 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 deals with her claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that she can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
She should contact the DWP for a copy of the assessment report if she has not already done so, I would phone them but again follow up the request in writing. Once she has the assessment report she 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.
Her primary task is to show that she meets the criteria for a higher award, there are many reasons she may have failed, she needs to address each of these but she should not get bogged down in criticising the assessment report unless she 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
I would expect her to receive a further DLA payment on either 30 October or 2 November, for either 26 or 28 days DLA and the first PIP payment on the 28th to be either for 28 days or 26 days.
If she wants to challenge the Decision then the first stage to doing so is for her 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 deals with her claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that she can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
She should contact the DWP for a copy of the assessment report if she has not already done so, I would phone them but again follow up the request in writing. Once she has the assessment report she 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.
Her primary task is to show that she meets the criteria for a higher award, there are many reasons she may have failed, she needs to address each of these but she should not get bogged down in criticising the assessment report unless she 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
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris