- Posts: 2
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- System Failure of Customer Questionnaire!!
× Members
System Failure of Customer Questionnaire!!
- jaxxy00
- Topic Author
- Offline
Less More
5 years 11 months ago #212097 by jaxxy00
System Failure of Customer Questionnaire!! was created by jaxxy00
Hi, ive not posted before but hope im doing this in the right part.
Ive just had to claim PIP having had DLA previously. I used to get high levels for both parts. Ive had my decision for PIP and its high for mobility but low for daily living. This i dont agree with. I have many health issues including M.E, Bipolar, fatty liver, Hiatus Hernia, High blood pressure, chronic back problems ( disk disease, disk bulges), T.I.A's, Sjogrens disease, unstable bladder (use prescribed pads), endometriosis, P.V.D., I.B.S., Heart problems (leaky valve, 1st degree av block), dissociative disorder. All included and confirmed in my doctors letters/notes. Now i know its not what you have wrong but all these conditions impact on my life considerably.
In the report i requested, it states nothing whatsoever about my M.E. which i dont understand why. Also there are a lot of differences to what is made a note of compared to what i told him. Also a shocking major fact wrong which is, im supposed to sleep on the sofa every night and not visit upstairs at all and have a bathroom downstairs!! I wish i did have a bathroom downstairs. Would save me struggling upstairs to the toilet everytime i needed it which is a lot of times a day and night due to having bladder issues. Others are, i havent been provided with a blue badge which i have. I dont have hearing aids but i do. I had a blackout while driving thats why my licence was taken which is not true. I have blackouts 4-5 times a week which is untrue, its actually 4-5 times per day. Plus other facts wrong.
Another unusual thing is in the box underneath where they state why they have given you the points they have, it starts off by saying on every single descriptor 'Ability to complete the activity was not available to view in the section of CQ prior to assesment due to system failure. However. However the FH shows...........'. What is this all about? I have no idea. I can only assume it means they didnt have access to my claim form or part of it or something like that. It sounds like it really hasnt done me any favours. My doctor did a page for each descriptor for me and signed to say which i could and couldnt do. I sent in lots of info too. Which info do you think it is they havent been able to access?
I understand i have to ask for a MR if im going to but im unsure whether to do that. Can they award less than ive already been given and if its the same decision given again do i have to go to a tribunal or can i just stick with what i have?
Now the crucial part is, due to having mood disorders, i didnt want to open the report when i first got it as it felt like very personal to me and i didnt want to know what someone else really thought of me. So i opened it a few days ago. Seeing all the errors etc i have been questioning what to do and at first i thought i will ask for MR then i thought no, i will accept what ive got. Now im thinking again to ask for the MR but my time is up this Monday (it will be 28 days Monday) Ive seen this is the latest i have so want to know what ohters think i should do. Im really torn.
I do have other things to ask but it seems ive asked lots already so will leave it as it is for now.
Ive just had to claim PIP having had DLA previously. I used to get high levels for both parts. Ive had my decision for PIP and its high for mobility but low for daily living. This i dont agree with. I have many health issues including M.E, Bipolar, fatty liver, Hiatus Hernia, High blood pressure, chronic back problems ( disk disease, disk bulges), T.I.A's, Sjogrens disease, unstable bladder (use prescribed pads), endometriosis, P.V.D., I.B.S., Heart problems (leaky valve, 1st degree av block), dissociative disorder. All included and confirmed in my doctors letters/notes. Now i know its not what you have wrong but all these conditions impact on my life considerably.
In the report i requested, it states nothing whatsoever about my M.E. which i dont understand why. Also there are a lot of differences to what is made a note of compared to what i told him. Also a shocking major fact wrong which is, im supposed to sleep on the sofa every night and not visit upstairs at all and have a bathroom downstairs!! I wish i did have a bathroom downstairs. Would save me struggling upstairs to the toilet everytime i needed it which is a lot of times a day and night due to having bladder issues. Others are, i havent been provided with a blue badge which i have. I dont have hearing aids but i do. I had a blackout while driving thats why my licence was taken which is not true. I have blackouts 4-5 times a week which is untrue, its actually 4-5 times per day. Plus other facts wrong.
Another unusual thing is in the box underneath where they state why they have given you the points they have, it starts off by saying on every single descriptor 'Ability to complete the activity was not available to view in the section of CQ prior to assesment due to system failure. However. However the FH shows...........'. What is this all about? I have no idea. I can only assume it means they didnt have access to my claim form or part of it or something like that. It sounds like it really hasnt done me any favours. My doctor did a page for each descriptor for me and signed to say which i could and couldnt do. I sent in lots of info too. Which info do you think it is they havent been able to access?
I understand i have to ask for a MR if im going to but im unsure whether to do that. Can they award less than ive already been given and if its the same decision given again do i have to go to a tribunal or can i just stick with what i have?
Now the crucial part is, due to having mood disorders, i didnt want to open the report when i first got it as it felt like very personal to me and i didnt want to know what someone else really thought of me. So i opened it a few days ago. Seeing all the errors etc i have been questioning what to do and at first i thought i will ask for MR then i thought no, i will accept what ive got. Now im thinking again to ask for the MR but my time is up this Monday (it will be 28 days Monday) Ive seen this is the latest i have so want to know what ohters think i should do. Im really torn.
I do have other things to ask but it seems ive asked lots already so will leave it as it is for now.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51053
5 years 11 months ago #212145 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic System Failure of Customer Questionnaire!!
Jackie
Are you unhappy with the Decision because you think that you should have scored 12 points for Daily Living or because you had the Higher Rate under DLA? If the latter then you need to be aware that DLA HRC was awarded for fundamentally different reasons than the Enhanced rate for PIP and you should seriously consider whether you should pursue the matter or not.
A Mandatory Reconsideration can reduce a current award as well as increase it, it happens quite rarely but it does happen, if yo scored more than the required points for the award that you have then it is likely to be more secure than if you only received the minimum points.
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. If it is late then you can make a Late request by including an explanation of why it is late, your health conditions should be accepted as Good Cause.
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
If you believe that the Decision was made without reference to your form an evidence then you should certainly point this out in the MR but your primary task is to show that you meet the criteria
Gordon
Are you unhappy with the Decision because you think that you should have scored 12 points for Daily Living or because you had the Higher Rate under DLA? If the latter then you need to be aware that DLA HRC was awarded for fundamentally different reasons than the Enhanced rate for PIP and you should seriously consider whether you should pursue the matter or not.
A Mandatory Reconsideration can reduce a current award as well as increase it, it happens quite rarely but it does happen, if yo scored more than the required points for the award that you have then it is likely to be more secure than if you only received the minimum points.
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. If it is late then you can make a Late request by including an explanation of why it is late, your health conditions should be accepted as Good Cause.
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
If you believe that the Decision was made without reference to your form an evidence then you should certainly point this out in the MR but your primary task is to show that you meet the criteria
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jaxxy00
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris