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DLA to PIP

  • Mrs Maria Bentley
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5 years 11 months ago #210104 by Mrs Maria Bentley
DLA to PIP was created by Mrs Maria Bentley
Hi Everyone. Please Help. Transferring from DLA to PIPs. On DLA l was on Higher rate for both care and mobility. After an horrendous year with DWP, two assessments, first assessef lied on numerous entries. My so called 'Professional Assessment was in a scruffy storage room !!! Anyway finally had a good second assessed, awarded 12 points for moving around, DWP have increased my care to higher rate, but offered lower mobility because l was over 65, and they say l started a new claim in September when l phoned up to inform them of an illness that had gone undiagnosed for two years and which a Locum G.P read in my notes and told me. I had previously sent recorded delivery letters of complaint to Atos, re my first flawed assessment, l assumed that's why l had a second assessment. The DWP states the law does not award higher rate mobility to over 65s ????? Unfortunately l was born 1950, so l'm past 1949, and not under 64. I was informed if you are claiming DLA, and you are genuinely disabled and very poorly, subject to an honest and professional assessment and all your medical evidence from 2010, which was when l became desperately ill,l would access PIP award at higher rate ?? I have to attend crown court in two weeks, after the dreadful year that l have experienced with DWP and Atos, even having to move from Plymouth to Yorkshire to be close to my children and family for support, as my husband couldn't cope alone with me as l was, these agencies have so much to answer too. Now my worry is going to court. I've always been a believer in telling the truth, but sadly sometimes it goes against you if your honest and trustworthy. This DWP is the only benefit l have ever claimed. Now I do get my pension and work pension which l am entitled too, but again people play the system they are on TC all the time, it is just NOT FAIR. Thank You Any replys to help would be very appreciated Maria

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5 years 11 months ago #210121 by Gordon
Replied by Gordon on topic DLA to PIP
M

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

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Forgive me but I cannot work out the timeline from your post.

What award did you receive on transfer from DLA?

It is certainly the case that once a claimant reached 65, with the exception of the assessment for the transfer from DLA to PIP, their Mobility award cannot be increased, hence my question above.

Gordon

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5 years 11 months ago #210169 by Mrs Maria Bentley
Replied by Mrs Maria Bentley on topic DLA to PIP
Thanks Gordon, in answer to your question, l had been claiming DLA from 2011 , my award was forever, l had been awarded higher rate for both Personal Care and Mobility , which l had received the allowance from 2011 until 31/07/2017. In February 2017 l received a letter from DWP informing me that DLA was coming to an end and that l would have to apply for PIPs. A couple of weeks later l received all the forms from DWP to complete and return with evidence to support my claim. . All paperwork completed with loads of evidence for each illness l had ( seems once l was 60 my illnesses and disabilities were stacking up ), l had 5 different Consultants, plus investigation and test outcomes, so photocopied and sent off, a lot of work and sleepless nights, but nevertheless it had to be done. Along with my illnesses, l also suffer Chronic pain, tiredness and fatigue, so all this mental stress took its toll. I had an assessment by Atos on 23 June 2017. l contacted DWP when l arrived home to complain, firstly about the venue which was a small dingy, dirty storage area, there was no way you could possibly call it a room, and about the Assessor, who really matched the room, who gave the impression she couldn't be bothered.Now l'm a nice person, but this lady reduced me to tears, but the positive thing she mentioned, was that l had provided excellent evidence.Eventually l was awarded Lower Care and Lower Mobillity. , l was completely shocked and so so upset. Various letters, and phone calls followed back and forth to DWP, l then asked for MR, and a copy of the Assessors report, on reading l was horrified, this person had not only cut and pasted, it was so scant, what she did write was to the standard of a junior school ( sorry kids ) but she had lied, how can someone do that, and you can't beat the system when you are so ill, which l'd got gallstones, was in so much pain, l actually tore it up in temper. So Gordon, l'm stil hear after further problems with DWP, had a further assessment, which was actually about me, now l'm off to court, because the decision maker at DWP, has now acted on the Assessors Care, which has increased to the higher rate, but reduced my 12 points to 8, and these DM are supposed to be non medical and have to act on the Assessors comments. When l phoned to complain even the man l spoke to said he knew nothing about this 65 rule or changing an Assessors comments. Surely if I'm elegible to comply, complete and be assessed for PIPs, what is this ruling??? Thanks Gorden

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5 years 11 months ago #210199 by Gordon
Replied by Gordon on topic DLA to PIP
M

I'm afraid the limitation on an increased Mobility award after 65 is written into the PIP legislation, DLA has the same rule.

The DM will have explained in the Decision Letter how they made it, does it explain why they disagreed with the assesors recommendation for the Daily Living award.

Gordon

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5 years 11 months ago #210377 by Mrs Maria Bentley
Replied by Mrs Maria Bentley on topic DLA to PIP
Thanks Gordon, if this is true, why am l having to go to court? DWP have awarded the Hihrt rate care, and lower rate mobility, so l am totally confused. I was on higher rate mobility on DLA and regardedless of any other illness that has changed my physical condition, my mobility has remained unchanged, due to steroid induced spinal fractures my mobility is so painful and very poor. Thank you

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5 years 11 months ago #210389 by Gordon
Replied by Gordon on topic DLA to PIP
M

Forgive me but I am confused, you must have made the appeal or am I misunderstanding?

Gordon

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