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DLA to PIp Letter
- Clipclop
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6 years 5 months ago #200896 by Clipclop
DLA to PIp Letter was created by Clipclop
Hi all
Need some advise please. I had to apply for Pip from DLA am on Indefinite award of High Mobility and middle care.I live alone and my family live 18 miles away from me, i depend on them for my care. I have physical and mental problems and have been going through a flare up of my depression/anxiety/panick attacks since i had a cancer scare and a bad fall. I had to retire from my job in 1996 when the DHSS medical services, deemed me incapable of ever working again. As my Axiety and Depression was severe, after having two mental breakdowns .I dont go out socially apart from to visit family once a week. My mobility is poor, i have Chronic Fibromyalgia, Arthritis, Reynards, Carpel tunnel and Asthma. I aso have problem with my kneck/spine. I use a stick and an automatic car
I applied and they sent me a date for an assessment two weeks before the date, 23 June 2017, at a site in a place i dont know approx 15 miles away.My son went to look at what the disabled access and parking was like there, and found the road was cobbled and the parking a couple of hundred mtrs away. He said it wouldnt be safe for me to walk on. I decided to cancel the appointment and asked my son to ring them.He rang them twice to cancel, from his home and gave my details in. They asked him security questions about myself which unfortunately he got wrong. So i said, dont ring again, i will write to them and cancel it, and ask for a home visit which i have had before; if an assessment is needed. As i had just received a letter of my doctor for my PIP claim that i wanted to send them. I sent it recorded delivery.
Today i get a letter saying the decision is, my DLA entitlement will end 28 November 2017.They thanked me for applying for PIP but have decided i dont qualify for it. This is because you didnt go to the assessment on 23 June 2017 and we dont think you have given us a good reason for this.etc etc. The reason i gave (apart from the road and parking facilites etc) was that due to my poor mobility, chronic pain, Asthma, Depression/anxiety/panic attacks and being in a strange place with people that i dont know. That I would not physically and or mentally be well enough to be able to relax and answer there questions.
It says i can ring if i think its wrong and they will look at it again, including any extra information. I have 4 weeks from the date on the letter.
Can you advise how to approach this, may thanks in advance
Need some advise please. I had to apply for Pip from DLA am on Indefinite award of High Mobility and middle care.I live alone and my family live 18 miles away from me, i depend on them for my care. I have physical and mental problems and have been going through a flare up of my depression/anxiety/panick attacks since i had a cancer scare and a bad fall. I had to retire from my job in 1996 when the DHSS medical services, deemed me incapable of ever working again. As my Axiety and Depression was severe, after having two mental breakdowns .I dont go out socially apart from to visit family once a week. My mobility is poor, i have Chronic Fibromyalgia, Arthritis, Reynards, Carpel tunnel and Asthma. I aso have problem with my kneck/spine. I use a stick and an automatic car
I applied and they sent me a date for an assessment two weeks before the date, 23 June 2017, at a site in a place i dont know approx 15 miles away.My son went to look at what the disabled access and parking was like there, and found the road was cobbled and the parking a couple of hundred mtrs away. He said it wouldnt be safe for me to walk on. I decided to cancel the appointment and asked my son to ring them.He rang them twice to cancel, from his home and gave my details in. They asked him security questions about myself which unfortunately he got wrong. So i said, dont ring again, i will write to them and cancel it, and ask for a home visit which i have had before; if an assessment is needed. As i had just received a letter of my doctor for my PIP claim that i wanted to send them. I sent it recorded delivery.
Today i get a letter saying the decision is, my DLA entitlement will end 28 November 2017.They thanked me for applying for PIP but have decided i dont qualify for it. This is because you didnt go to the assessment on 23 June 2017 and we dont think you have given us a good reason for this.etc etc. The reason i gave (apart from the road and parking facilites etc) was that due to my poor mobility, chronic pain, Asthma, Depression/anxiety/panic attacks and being in a strange place with people that i dont know. That I would not physically and or mentally be well enough to be able to relax and answer there questions.
It says i can ring if i think its wrong and they will look at it again, including any extra information. I have 4 weeks from the date on the letter.
Can you advise how to approach this, may thanks in advance
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6 years 5 months ago #200933 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIp Letter
Clipclop
You have two choices going forward, you can consider either of them or both depending on how you feel physically and mentally.
First, you can challenge the Decision to close your original claim for PIP but the process will not be quick and it could easily be six months or more before you have a new Decision.
Or, you can make a new claim for PIP, there is no waiting period.
I'm afraid, in either option you will not be entitled to any PIP or DLA until an award is made.
If you wish to challenge the Decision then the PIP Appeal guide has details of the Mandatory Reconsideration process and also the Appeals procedure, I'm afraid you will most likely have to employ the latter to have any chance of overturning the current Decision. The Submissions document has a template MR request that you can use,
www.benefitsandwork.co.uk/help-for-claimants/pip
To make a claim just follow the process your did originally, the PIP Claim guide has details.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
You have two choices going forward, you can consider either of them or both depending on how you feel physically and mentally.
First, you can challenge the Decision to close your original claim for PIP but the process will not be quick and it could easily be six months or more before you have a new Decision.
Or, you can make a new claim for PIP, there is no waiting period.
I'm afraid, in either option you will not be entitled to any PIP or DLA until an award is made.
If you wish to challenge the Decision then the PIP Appeal guide has details of the Mandatory Reconsideration process and also the Appeals procedure, I'm afraid you will most likely have to employ the latter to have any chance of overturning the current Decision. The Submissions document has a template MR request that you can use,
www.benefitsandwork.co.uk/help-for-claimants/pip
To make a claim just follow the process your did originally, the PIP Claim guide has details.
If you have further questions then please reply to this post 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 5 months ago #200981 by Clipclop
Replied by Clipclop on topic DLA to PIp Letter
Hi Gordon, many thanks for you reply, I am 67 so I didnt think i would be able to reapply again. The letter states that they may be able to change the decision, and if i think the decision is wrong and i want them to look at it again; i have to reply within one month of the letter. Also it states that i cant appeal against this decision, until i have asked them to look at the decision again. So, is this the Mandatory reconsideration. Thanks in advance
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- Gordon
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6 years 5 months ago - 6 years 5 months ago #200991 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIp Letter
Clipclop
If you are 67 then then you cannot make a new claim for PIP but you can claim Attendance Allowance, the criteria is the same as DLA but is more difficult to be awarded if you have age related condition plus there is no mobility component.
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
If you are 67 then then you cannot make a new claim for PIP but you can claim Attendance Allowance, the criteria is the same as DLA but is more difficult to be awarded if you have age related condition plus there is no mobility component.
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
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
Last edit: 6 years 5 months ago by Gordon.
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6 years 5 months ago #201010 by Clipclop
Replied by Clipclop on topic DLA to PIp Letter
Hi Gordon, the reason they have given is I didn't go to the assessment on June 23rd, and they don't think I gave them a good enough reason for this. I enclosed a doctors letter that would have given me high awards in both at least, and she also told them I had a social phobia and asked them to consider this when assessing me. So do you think they have done an assessment on my application, or have they just said she didn't turn up and not looked at my application. Many thanks
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6 years 5 months ago #201035 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIp Letter
Clipclop
Forgive me, most of the information I supplied in my previous post is not relevant to your situation
The MR is only about your reasons for not attending, not whether you meet the criteria for an award of PIP.
I'm afraid, based on your posts you may not have done enough to justify your not attending, at the very least you need your GP to write a letter confirming that you could not attend at the Assessment Providers offices.
Gordon
Forgive me, most of the information I supplied in my previous post is not relevant to your situation
The MR is only about your reasons for not attending, not whether you meet the criteria for an award of PIP.
I'm afraid, based on your posts you may not have done enough to justify your not attending, at the very least you need your GP to write a letter confirming that you could not attend at the Assessment Providers offices.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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