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TOPIC: DLA to PIP result in lower award help needed

DLA to PIP result in lower award help needed 3 weeks 20 hours ago #201840

HI

I am going to mandatory reconsideration as I have gone from DLA Higher rate care and mobility to standard rate care and no mobility on PIP.
However, in the decision letter it repeats itself a lot with " you have no significant levels of cognitive, mental, memory, motivational or sensory impairment, you have no high dose medication for low mood or high anxiety" What does a significant level mean, and what do they consider to be a high dose of medication?
My mobility part was denied for planning a journey on the basis of the above, and it said my current medications were effective - I was not asked this. They said I walked at normal pace with a crutch for 12 meters with slightly uneven gait whilst carrying a bag in my right hand. It was decided I can manage independentley with these activities, by making use of the appropriate aids on the majority of days and that my medication was effective. I have fibromyalgia, osteoarthritis, gout, CFS and an irregular heartbeat that leaves me breathless all of which I stated in my pack affects my mobility and that I am always in pain.
Though they said I made eye contact, engaged well, maintained rapport with assessor and appeared calm. I have Generalised Anxiety disorder and depression - I hide my feelings and broke down before and after the assessment and had my mother with me for support.
Any help on my mandatory reconsideration would be very much appreciated -thank you

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DLA to PIP result in lower award help needed 3 weeks 17 hours ago #201863

hopemonty

The first thing to say is for you not to measure your PIP award by your DLA HRC award, this was awarded for fundamentally different reasons than PI uses. Do it because you believe you should have scored the 12 points required for enhanced award.

The DWP are looking for a specific diagnosis of a mental health issue, for example depression and treatment for it.

Their comments suggest that you need to make sure that you fully understand the Descriptors that you are being assessed against so that your testimony and evidence supports you meeting that criteria.

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

DLA to PIP result in lower award help needed 2 weeks 5 days ago #202021

Thanks Gordon, I have done as you suggested and followed up a phone call with a letter stating I am going for MR and asking for a copy of the HP report. I sent this 'signed for'. The advisor on the phone asked me what the problem with the award was. I said I wasn't very good at explaining it on the phone and that I would write in with all the details.

Thanks again
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