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DLA to PIP Lost Award...
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5 years 9 months ago #215059 by Bianco
DLA to PIP Lost Award... was created by Bianco
I'm in such shock after doing everything right, I have to express via the forum...
Firstly I had a home visit cancelled within 30 minutes of of Capita arriving. The call just said the person was off sick. If that was the other way round I don't think they would find it acceptable. The interview was rescheduled to be interviewed at the nearest office 15 miles away. I awaited a new date.
I had my Capita Interview on 26th June but to date (today) I had not had an award letter back. However, today when receiving my award letter for Housing Benefit, I noted they had put that the information submitted on me was, PIP at standard rate. I was originally on DLA high rate care and low rate mobility. I rang the DWP to check that this rate was made applicable to me. To find out that yes that is the rate now awarded and also the shock that I have been awarded nothing whatsoever for my mobility problems. When in fact my mobility has worsened and I had documentation to prove so. Not to mention the visibility of it at the interview. I am truly shocked at the results.
I have used these guides to the letter, and have also helped others via them. But to find myself in this position I am aghast. I have severe mental health problems and my partner is my full time Carer, I have had two strokes at a younger age and the co morbidities that it entails. I was in great distress at the interview which lasted from 2.30 until 4.4.45. It felt like an interrogation.
I am now therefore awaiting this award letter to arrive, and after asking today for a copy of the assessors report to be sent. Every time I am due for any kind of renewal I have had to go to Appeal. I am so distressed I have to go through this yet again. Is there a percentage as to how successful these reconsideration/appeals are? My last appeal for ESA was upheld and the DLA before that was won with a higher award. I’m not sure where I am going wrong! I am so thorough in my applications. The thought of going through all this again is daunting to say the least and I would just like to give up but seeing as they have dropped my benefit by nearly £220 a month I cannot afford to just give up.
Firstly I had a home visit cancelled within 30 minutes of of Capita arriving. The call just said the person was off sick. If that was the other way round I don't think they would find it acceptable. The interview was rescheduled to be interviewed at the nearest office 15 miles away. I awaited a new date.
I had my Capita Interview on 26th June but to date (today) I had not had an award letter back. However, today when receiving my award letter for Housing Benefit, I noted they had put that the information submitted on me was, PIP at standard rate. I was originally on DLA high rate care and low rate mobility. I rang the DWP to check that this rate was made applicable to me. To find out that yes that is the rate now awarded and also the shock that I have been awarded nothing whatsoever for my mobility problems. When in fact my mobility has worsened and I had documentation to prove so. Not to mention the visibility of it at the interview. I am truly shocked at the results.
I have used these guides to the letter, and have also helped others via them. But to find myself in this position I am aghast. I have severe mental health problems and my partner is my full time Carer, I have had two strokes at a younger age and the co morbidities that it entails. I was in great distress at the interview which lasted from 2.30 until 4.4.45. It felt like an interrogation.
I am now therefore awaiting this award letter to arrive, and after asking today for a copy of the assessors report to be sent. Every time I am due for any kind of renewal I have had to go to Appeal. I am so distressed I have to go through this yet again. Is there a percentage as to how successful these reconsideration/appeals are? My last appeal for ESA was upheld and the DLA before that was won with a higher award. I’m not sure where I am going wrong! I am so thorough in my applications. The thought of going through all this again is daunting to say the least and I would just like to give up but seeing as they have dropped my benefit by nearly £220 a month I cannot afford to just give up.
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5 years 9 months ago #215074 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Lost Award...
Bianco
You can't look back at your DLA award and compare it to PIP for example; DLA Higher rate Care is awarded for fundamentally different reasons than PIP Enhanced Daily Living.
So did you expect to score 12 points for Daily Living?
Your DLA award suggests that you would likely score for the Going Out activity. Would this be due to your being unable to Undertake a Journey or because you are unable to Follow a Route?
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
You can't look back at your DLA award and compare it to PIP for example; DLA Higher rate Care is awarded for fundamentally different reasons than PIP Enhanced Daily Living.
So did you expect to score 12 points for Daily Living?
Your DLA award suggests that you would likely score for the Going Out activity. Would this be due to your being unable to Undertake a Journey or because you are unable to Follow a Route?
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 8 months ago #215099 by Bianco
Replied by Bianco on topic DLA to PIP Lost Award...
Thank you Gorden for your advice.
Yes I did expect to score 12 or more for Daily Living.
I cannot undertake a journey alone and also can't follow a route due to having panic attacks outside and my mental health condition renders me very often confused. My partner/carer is with me at all times and I travel with him in the car. I don't travel on public transport. Other times I cannot travel outside at all as I have bouts of agoraphobia.
Regarding the mobility component which they have given 0 points on. I told the assessor that from my front door to the garden gate it is 20 metres. I manage to walk as far as this and then I have to stop due to pain. I was told by DWP that the assessor has said that I can reliably walk more than 200m. Hence I haven't scored anything for this component. I also sent in a further letter showing the appointment for cortisone injections to be administered, and I have just received a further appointment to have physio to help with pain.
I have requested the report to be sent to me, I am also awaiting the award letter as this information has been given to me verbally on the telephone.
I will seek further help when I see what has been reported. I am just exhausted at the fact I always have to end up going to appeal. I have won my case in the times this has happened but its still upsetting having to go through it and it always makes my mental health worse.
Yes I did expect to score 12 or more for Daily Living.
I cannot undertake a journey alone and also can't follow a route due to having panic attacks outside and my mental health condition renders me very often confused. My partner/carer is with me at all times and I travel with him in the car. I don't travel on public transport. Other times I cannot travel outside at all as I have bouts of agoraphobia.
Regarding the mobility component which they have given 0 points on. I told the assessor that from my front door to the garden gate it is 20 metres. I manage to walk as far as this and then I have to stop due to pain. I was told by DWP that the assessor has said that I can reliably walk more than 200m. Hence I haven't scored anything for this component. I also sent in a further letter showing the appointment for cortisone injections to be administered, and I have just received a further appointment to have physio to help with pain.
I have requested the report to be sent to me, I am also awaiting the award letter as this information has been given to me verbally on the telephone.
I will seek further help when I see what has been reported. I am just exhausted at the fact I always have to end up going to appeal. I have won my case in the times this has happened but its still upsetting having to go through it and it always makes my mental health worse.
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5 years 8 months ago #215123 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Lost Award...
Bianco
You cannot score for both being unable to Undertake a Journey and being Unable to Follow a Route, they are considered to be mutually exclusive of each other. If you made arguments for both then you may have created sufficient confusion on your problems to justify no award at all.
You cannot score for both being unable to Undertake a Journey and being Unable to Follow a Route, they are considered to be mutually exclusive of each other. If you made arguments for both then you may have created sufficient confusion on your problems to justify no award at all.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #215226 by Bianco
Replied by Bianco on topic DLA to PIP Lost Award...
I am about to submit a Mandarary Reconsideration. I wonder how would you suggest that I put this explanation of not being able to undertake a journey or route if they are considered to be the same. I do neither, but am wondering how to phrase such that I can't complete either? Any comments grateful, I don't want them to be in any confusion when reconsidering my case.
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5 years 8 months ago #215259 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Lost Award...
Bianco
As I said, you cannot score for both, so you need to decide which is the one that affects you on the majority of days and pursue that one.
The PIP Claim guide explains the criteria for both options.
Gordon
As I said, you cannot score for both, so you need to decide which is the one that affects you on the majority of days and pursue that one.
The PIP Claim guide explains the criteria for both options.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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