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DLA to PIP Rejection

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5 years 11 months ago #210453 by JennyB
DLA to PIP Rejection was created by JennyB
Hi. I have just joined to seek your help. I have a rare condition called Transverse Myelitis which was diagnosed in January 2000. I was awarded DLA Higher Level after a visit by a DWP Doctor on the 23/02/01. It was confirmed as a permanent Disability in 6/03/05. It has no cure and I have just had to learn to live with it. I am 67 years old (DOB 31/03/51). The condition is neurological with no normal control and feeling below my waist. Walking is painful and difficult. Fatigue and exhaustion are problems. The condition makes for depression and low moods.
We had a Capita assessment at home on the 7th March 2018. The report fails to reflect the problems relating to my condition. Under Mobility it awards 4/12 to moving around which fails to reflect the difficulties I experience trying to live a normal life.

It appears that having had the condition for so long (with all the medical investigations in 2000) with the Consultant essentially saying "nothing can be done and you will just have to live with it" plus the Capita Assessor not appreciating the complexities of living with this type of disability I have received an abrupt "I can't award you Personal Independence Payment - your DLA will also end. "

I intend to ask them to reconsider this decision. What advice can you give on how I approach this request for reconsideration. Have you anyone with my Transverse Myelitis condition who has the PIP Higher Mobility granted and if so how did they approach the claim. I am also looking to see my GP to try and gain his support.

Thank You.

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5 years 11 months ago #210499 by Gordon
Replied by Gordon on topic DLA to PIP Rejection
Jenny

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

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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5 years 11 months ago #210511 by Orangeblossom
Replied by Orangeblossom on topic DLA to PIP Rejection
Just wanted to say that with all the DLA evidence etc I would think you would get the award on appeal- don't give up! Kind thoughts

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5 years 11 months ago #210543 by JennyB
Replied by JennyB on topic DLA to PIP Rejection
Thank you for your response. I have received a letter which includes a list of the scored activities and at the end there is "My decision" section that is obviously a not very good computer generated write up listing points made which appear to be a mixture from my the original form and some of the Capita Assessor comments. Is this the Assessment Report you are referring to or is there another document I should be asking for from them ? . I now have a GP Appointment to seek his support and guidance. He is aware of my complexities relating to my Transverse Myelitis which has many symptoms similar to Multiple Sclerosis (MS). Regards. Jenny

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5 years 11 months ago #210558 by Gordon
Replied by Gordon on topic DLA to PIP Rejection
Jenny

What you have is the Decision Letter which includes the Decision Makers Statement of Reasons.

You mention that the letter has the assessors comments, this implies you also have the assessors report? There is a sample report in the PIP section if you want to see what one looks like.

Gordon

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

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5 years 11 months ago #210570 by Orangeblossom
Replied by Orangeblossom on topic DLA to PIP Rejection
Having had an experience where they ignored the previous PIP info, i wonder if this happened here with the DLA. Would it be worth checking they did use that or if not doing a SAR to get it I wonder?

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