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DLA TRANSFER to PIP

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6 years 3 months ago #204525 by s4rahjones
DLA TRANSFER to PIP was created by s4rahjones
Received form returned 20 September 2017; requested Home assessment as my wife has chronic conditions, assessment 29 October which had to attend a centre. It was a horrific ordeal both terrifying and caused my wife considerable pain and fatigue. In which needed to administer medication oramorph for her to cope,
The disabled parking was considerably distance away from offices , needed to walk 30 m exactly as informed by assor during the assessment, to reach assessment room , I have to assist my wife daily, with every day Independence both mobility and washing/ bathing and meals, medication as it is not safe for her due to her health conditions and side effects of medication.
The appointment was mid day, for my wife this was difficult as She isn’t very good in the mornings due to her chronic pain and disturbed sleep.
HP assessor enquirred on observation seeing how my wife struggled into the interview room, holding onto my arm as she is unable to manage aids due to physical mobility to why a home assessment wasn’t requested, stated this was on the form but informed at to attend the Centre for assessment.
The HP assessor stated that she did not have my wife’s PIP claim submitted with her has she had left it at home, we offered her copy having taken one with us, with her computer in front of her she stated that 77 pages of medical evidence was submitted with form, that we confirmed.
Throughout the assessment my wife was extremely frustrated as coping with the travelling caused her tremendous pain, found it very difficult cope due to her chronic pain, suffers with anxiety and depression long term, has medical history of numberous conditions Hodgkin disease, diagnosed late stages 4/E in 1993, received various treatment including bone marrow transplant, with which has long term side effects, osteoarthritis, degenerative spine that prognosis is not good, has had surgery to Celvic decompression and fusion to neck area over multi regions, fusion to lumbar spine and decompression surgery both in last twelve month to be informed further surgery of fusion using rods and screws needed to SI and L5, surgery for elbow and knee, awaiting appointment to see consultant surgeon for her hips
Sarah has also had surgery to both hands and feet, twice on each, these are just some of her conditions.
During the assessment I could sense that Sarah was struggling to cope and she broke down, Because of the chronic pain she was in and not being able to concerntrate and couldn’t answer questions being asked has she has difficulty in understanding and retaining basic information losing her train of thoughts. The HP assessor stated that she couldn’t pursue with the medical physical assessment due to medication taken, asked if my wife would like the assessment rearranged for a home visit, as she was clearly not well enough, after a little wife send she could cope with having to go through the stress or worry of another assessment, would rather continue, the HP stated it was not much longer, which in fact it was another 30 minutes, my wife struggled and just wanted the whole ordeal to be over with, obviously I explained to how my wife’s daily living activities are effected that she she relies on assistance as it is not safe for her.

Informed the HP that my wife could no longer drive, where previously she could have managed, but now reliant on assistance to hospital appointments, the HP in her report stated as my wife can drive shows observation of no difficulty in upper body and limbs
It was clearly stated my wife cannot drive due to her limitations in not able to turn her neck, and no strength in hands from nerve damage and surgery to both and that she is awaiting to see surgeon for elbow for surgery.
The HP assessor stated upon leaving that due to medical conditions that my wife’s transfer from DLA to PIP would stay the same ther wouldn’t be any changes and that she wouldn’t be required to attend an assessment in the future., this was a relief for my wife to hear the HP state this to us.
My wife’s DLA was awarded indefinite with higher rate for both mobility and independent
Awaiting the DWP dicision to arrive caused my wife,s health to deteriorate enormously, since August the effect this has had is devastating on both my wife and self, together with further health Conditions,
At the end of November had not received response contacted DWP, informing them of changes in medication and results cjhnge in medical conditions. Informed the decision maker would be notified, contacted DWP 2 weeks later, where a extremely helpful advisor stated they were awaiting for my wife’s appointment to have assessment, informed the this took place in October, he took details stating he would need to make enquiries to why not received report from Capatia and arranged a call back, he rang back within 30 minutes stating there was an error on the system as my wife’s assessment was stated that the HP assessor had not completed her report, therefore it would be possible another 3 weeks before decisions would be made.
Rang DWP to check if HP report had been submitted from Capitia, the advisor stated it had arrived that day, due to the holiday period it would be the New year before decision maker would complete their decision.
On 2 January 2018; the Brown envelope arrived, my wife was so stressed felt sick was unable to cope, it took a while before able to open it for her, stating it would be all ok, like the HP stated.
Shock and disbelief when read the decision my wife’s PIP had been changed, Independent living received only 9 points placing her in the standard rate and mobility awarded as enhanced rate with 12 points, the award was awarded from January 2018 to January 2022; stating due to her conditions varies.
The report made by the HP assessor did not correspond with the answers given during the assessment, the assessor stated from her observations my wife would be capable to manage with the use of aids and her conditions regarding reading and vision with aid of glasses.
My wife wears glasses her vision as explained at the assessment was side effects from treatment and medication. Stated that various aids are used with my assistance my wife cannot safely manage other aids due to her physical capilllities together stating her observations showed no upper body or limps effected therefore my wife could manage.
My wife’s has many health conditions secondary cancer to lungs effects her lung function only 40% capacity uses 2 healers twice daily , suffers with suppressed immune system, fibromyalgia in which receives regular Botox treatments, 15- 20 injections in upper neck, shoulder, mid back and lumbar spine, nerve root injections and steroid injections as mentioned surgeries and awaiting surgeries.
Contacted scope for advise having read benefits and work site on here on how to appeal,
Due to the decision was made on 21 December 2017 on letter received from DWP, the fact we needn’t receive the letter until 2 December 2018; in a panic to meeting deadline of a mandatory appeal.
We have found a tool for written appeal to send, this is completed, awaiting letter from GP to support appeal, but do not think it is wise to send appeal without all supporting evidence submitted together as have read where decisions have been made without them receiving awaiting response letters.
My wife also has consultant surgeons appointments this week that will help support her appeal with decisions showing her conditions doesn’t vary it is deteriorating with no view of health conditions improvement only being able to best manage her condition and chronic pain.
Contacted DWP to inform them that I would send in a mandatory appeal by letter and awaiting supportive letter from GP, the advisor stated there was no need to appeal the mobility award as this was awarded on enhanced rate, stated was appealing the time the award as been awarded
The DWP advisor stated this was the standard period given, that should appeal it,

Aware that PIP is not awarded indifinetely, but can be awarded for at least 10 years, being informed by her consultant surgeons Her condiyare degenerative, it would be cruel to see her have to go through these assessment in another 3 years , even although awarded for 4; this would not allow for change of vehicle without assessment, the DWP advisor stated would make a note and would allow 28 days from date of telephone conversation for additional information to be submitted together with an prepaid address envelope. With address required to send in appeal.
Received letter yestaerday, which firstly has the return address different to the one on the letter received from DWP decision maker, Department, the letter states that received request to have PIP claim looked at again, received 12 January 2018.
That they may contact us for more information,
That if we haven’t heard from DWP by 09 February 2018; to please contact them.

I am little confused as we stated clearly on the telephone that we would be making than mandatory appeal by letter, in which my wife spoke on,y to confirm security check, and confirm this was decision to appeal that give her permission as I deal with all her affairs on her behalf.
No decussion took place on reasons requesting to appeal,other then mentioned above.

Would this just be their standard letter sent out, as I believe reading details online they would otherwise need to arrange a telephone conversation call back to discuss the appeal.

Appreciate your response, sorry for the detail length of enquiry but like many other claimants this is an extremely stressing processes
Many thanks
MJ

There clearly evidence that many errors have been made throughout my wife’s pip claim submitted by both the HP assessor from Capitia and DWP in Handling her claim, we have clearly stated these in her mandatory appeal

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6 years 3 months ago - 6 years 3 months ago #204550 by Gordon
Replied by Gordon on topic DLA TRANSFER to PIP
s4rah

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

If I am reading your post correctly, an MR has been started as a result of your initial phone call about the Decision and not as you intended, as a result of a written request, as a result you are concerned whether you will be able to provide additional evidence within the timescales.

I would recommend you contact the DWP office dealing with your wife's claim and request time to send the information in, with luck they will give you four weeks to do this, although this includes postage time so send it as soon as you can..

The DWP are under no obligation to contact the claimant before they make a Decision on the MR, they may, but it's unlikely.

Your post contains a lot of information about your wife's conditions but makes no reference to the limitations that result from them of the issues that she would have with completing the PIP activities.

I would suggest that you go through our PIP Claim guide to make sure that you understand the legal criteria that she was assessed against. See

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have more 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
Last edit: 6 years 3 months ago by Gordon.

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