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6 years 3 weeks ago #209049 by jayjaybal
DLA to PIP was created by jayjaybal
Hello again, it's been a while!

Hubby finally had his DLA to PIP forms in Jan, assessment in Feb, knock back to standard for both. Gasp, the shock!

Hubby has learning difficulties and i have memory problems because of my disabilities so I recorded the interview. Naively I wasn't expecting much of a problem because he has been so badly affected by his disabilities for almost 30 years.

It's lucky I did record it because what came through was as though she'd talked to a completely different person! What annoys me the most is the deception. She was typing as we talked and she'd say things like' he can't do this because of this so that means this' all whilst typing the exact opposite on to the report!

Total hatchet job but luckily she judged us on our appearances so she's in for a bit of a shock when she get's the Man Recon notice!

I understand the system and i don't mind people arguing a different point, 'I know he has this but i don't think it affects this as much as you think' that sort off thing but blatant lies proper narks me.

I'm afraid I haven't been gentle. I've transcribed the tape and I'm sending a copy, pointing out the inconsistencies and explaining why we can't rely on the veracity of her information. I've negated MSO, MSE, informal observations, she didn't list medication so we can't rely on her 'Medication History Reports observations' because we don't know that she had the correct information, she's said he can bend from the waist to reach mid shin, I'm sending a photo of him in his wheelchair (which she said he declined to transfer from) to show he can reach mid shin comfortably without leaning forward, she's said he can understand complex written information in the Verbal Communication section and finally she's claimed it was a home consultation when we went to the assessment centre in town.

Just one thing, why do i feel guilty for shredding her? :(

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6 years 3 weeks ago #209064 by Gordon
Replied by Gordon on topic DLA to PIP
julesbal

Don't worry about the assessor if they have done a bad job then this should be highlighted, just be aware that showing the report is fundamentally flawed can result in a new assessment being required.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jayjaybal, Waylay

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6 years 3 weeks ago #209075 by jayjaybal
Replied by jayjaybal on topic DLA to PIP
Thanks Gordon.

There's been such a deterioration in his Mental Health since this happened I can't swear that the new assessor would be safe. I'm sure i can get GP or mental health to put that in writing. If they still insist on it, that's up to them.
The following user(s) said Thank You: Waylay

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5 years 11 months ago #211983 by jayjaybal
Replied by jayjaybal on topic DLA to PIP
Well I've had the MR result. They've kept him on standard for care and increased him to enhanced for mobility. Haven't seen the paperwork but i believe that despite him being unable to calculate the change from £1 they maintain he can drive so he has the capacity to learn therefore can manage budgeting decisions without help. :ohmy:

As I understand it, the inability to read and write must be down to a learning disability and not lack of education? Is that right?

He attended a special school with small classes and 1 to 1 teaching 3 afternoons a week for 9 years so i doubt they could say it's because of a lack of education!

The problem is that it was close to 40 years ago and whilst the school is still going strong and has only ever been a SEN school they have none of his records apart from and old admissions book with his start and end dates in it. Would that be enough do you think?

Thanks. Jules. xx

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5 years 11 months ago #211994 by Gordon
Replied by Gordon on topic DLA to PIP
julesbal

Yes problems with reading and writing must be due to a sensory problem, learning disability or brain injury.

A restrained congratulations on the increased award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jayjaybal

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5 years 11 months ago #211996 by jayjaybal
Replied by jayjaybal on topic DLA to PIP
Thank you Gordon.

I've been in touch with his old school and they're going to photocopy his entry and exit dates and type a letter explaining the class sizes and that it's only ever been a SEN school. I hope that's enough to prove his problems aren't down to lack of education! He certainly got the best that was available at the time, can't fault anyone on that. B)

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