- Posts: 7
× Members
dla to pip thankyou
- haboo
- Topic Author
- Offline
Less More
6 years 5 months ago #201164 by haboo
dla to pip thankyou was created by haboo
hi all, just to say a great big thank you to this site and the help it gave,
i have just received my PIP assessment award and I have gone from indefinite DLA middle rate care high rate mobility to PIP standard rate care to enhanced rate mobility until 2021. i am happy that for me nothing has changed
BUT
when reading the assessment, some things are wrong and i have lower points for certain things, like
2 points for preparing food. i do not prepare anything.
3 points for bathing. my wife bathes me and i cannot be left alone
2 points for dressing, my wife dresses/undresses me from top to bottom.
other things like not wearing my hearing aids, home assessment and i can lip read.
should i ask for them to re look at these points or should i be happy with what i have.
i am really confused and concerned for 2021 reassessment.
again a great big thank you for all your help
i have just received my PIP assessment award and I have gone from indefinite DLA middle rate care high rate mobility to PIP standard rate care to enhanced rate mobility until 2021. i am happy that for me nothing has changed
BUT
when reading the assessment, some things are wrong and i have lower points for certain things, like
2 points for preparing food. i do not prepare anything.
3 points for bathing. my wife bathes me and i cannot be left alone
2 points for dressing, my wife dresses/undresses me from top to bottom.
other things like not wearing my hearing aids, home assessment and i can lip read.
should i ask for them to re look at these points or should i be happy with what i have.
i am really confused and concerned for 2021 reassessment.
again a great big thank you for all your help
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
6 years 5 months ago #201188 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla to pip thankyou
Haboo
We can't advise you whether you should challenge the Decision, only you can decide this.
Things to consider;
Although you think you should have scored higher can you reasonably show this? For example could you use aids for Preparing Food, Washing and Dressing?
You need to consider the risk to your current award, we don't see it very often but the points you scored can be reduced and an award removed if you challenge the current Decision. In general, the more points you scored the lower the risk this also goes against getting a higher award.
Lastly revision rates at appeal are very low and you need to be prepared to go on to appeal if necessary, this could easily take none months or more.
If you want to go ahead the 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
We can't advise you whether you should challenge the Decision, only you can decide this.
Things to consider;
Although you think you should have scored higher can you reasonably show this? For example could you use aids for Preparing Food, Washing and Dressing?
You need to consider the risk to your current award, we don't see it very often but the points you scored can be reduced and an award removed if you challenge the current Decision. In general, the more points you scored the lower the risk this also goes against getting a higher award.
Lastly revision rates at appeal are very low and you need to be prepared to go on to appeal if necessary, this could easily take none months or more.
If you want to go ahead the 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
Please Log in or Create an account to join the conversation.
- Anne Mumford
- Offline
Less More
- Posts: 1
6 years 5 months ago #201202 by Anne Mumford
Replied by Anne Mumford on topic dla to pip thankyou
When I filled in form to transfer to PIP from DLA, I explained that it would be necessary for me to have any medical in my own home as I was completely unable to cope with stairs. The 'lady' who came sat and asked me questions for approx. 50 mins before abruptly getting to her feet and leaving saying she had all the information she needed. 6 nerve wracking weeks later I received a letter from Motability saying that I would have to make arrangements to return the car because I was no longer in receipt of enhanced rate. It took a further 2 weeks before I received word from DWP which makes me even more angry. At no point did the assessor ask me to stand or walk, let alone walk as far as they said I could. I appealed and thank you for your help. I also enlisted the help of my MP which I'm sure helped as well. I have since heard that my appeal has been successful. However The whole situation has had a detrimental affect on my health.
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