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DLA to PIP lost everything

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6 years 1 month ago #208572 by clarzier
DLA to PIP lost everything was created by clarzier
Higher rate mobility and care for DLA indefinite award and have had to apply for PIP. Been notified I do not meet the standard for PIP so therefore my award finishes in April. I've received the CAPITA assessment and to be fair if I was a decision maker then yes I would award the claimant the same as what I've been awarded.

The report is full of lies. The assessor said she observed me walking 7 meters when I didn't actually get up.

What can I do?

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6 years 1 month ago #208590 by Gordon
Replied by Gordon on topic DLA to PIP lost everything
Clarzie

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

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6 years 1 month ago #208599 by clarzier
Replied by clarzier on topic DLA to PIP lost everything
The assessor said I walked 7 metres and did various tests on me which I didn't walk and she didn't do the tests. How can I prove it

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6 years 1 month ago #208616 by Gordon
Replied by Gordon on topic DLA to PIP lost everything

Clarzie wrote: The assessor said I walked 7 metres and did various tests on me which I didn't walk and she didn't do the tests. How can I prove it


If you had a companion at the assessment then they could testify as to what happened.

Otherwise, just state the facts and go back to the information you wrote in your claim form, walking 7m is not indicative of anything, as an example; if you said then you could only walk 10m then you are still within this limit.

Go back to basics and show that the assessment report is wrong because you have documented how you meet the PIP criteria.

Gordon

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

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