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DLA to PIP refused advice please.
- Gill Reynolds
- Topic Author
10 years 2 months ago #130050 by Gill Reynolds
DLA to PIP refused advice please. was created by Gill Reynolds
Firstly thank you for the interesting and helpful site.
I was on indefinite DLA, higher rate mobility, lower rate care, because of my age I had to apply for PIP. This did not go smoothly them not keeping appointments etc, eventually they did keep an appointment, twenty minutes early and I happened to see the assessor walking away as I had not heard the door. ( Although there was a note on it saying "bell not working - please knock" )
I had a complex illness that is considered rare (1200 case per annum), leaving myself and many others with serious long term complications.
After entering my property the assessor stated in a very condescending tone "that he was very experienced with my particular illness and that 80% of people made a full recovery" ( belonging to both the International and UK support groups for this illness and as there is no central medical facility that deals with it, I doubt there is a Doctor or Consultant who would lay a claim of being experienced ) The man later stated he was a RN.
I took offence at his comments as it seemed he had already decided my case was a fraud.
I must have managed to hide my taking offence at his comments as he later stated in his report " that we had a good rapport " However, his comments coloured my attitude to him.
The report came back with a zero score on all counts.
This was a shock as some of my problems are that my mobility is seriously compromised by a paralyzed foot, lower limb weakness and balance.
After I got over the shock I read some of the extracts they had included from his assessment, I was astounded !
I rang the DWP and told them I wished to dispute his assessment, they advised me that I would get a phone call within five working days, I actually received the call within one working day, the person that rang me was the same person who had sent me the letter ( it seems from the advice your giving it should be somebody else )
She was very pleasant and it came out during the call that he had failed to report the fact that the toes on one foot are paralyzed, in a claw. ( I stated that I had deliberately not worn any footwear as I thought it might need to be examined or manipulated )
Cutting a long story short, there were various other things I had stated which she alleged were not reported in his assessment.
I asked if I was allowed a copy of the assessment and requested one, I was advised I would receive it after they had done a mandatory reconsideration.
I have now received the written decision on the reconsideration and it is still zero points on all levels.
Is my only option now to go to tribunal? Any advice would be appreciated.
I was on indefinite DLA, higher rate mobility, lower rate care, because of my age I had to apply for PIP. This did not go smoothly them not keeping appointments etc, eventually they did keep an appointment, twenty minutes early and I happened to see the assessor walking away as I had not heard the door. ( Although there was a note on it saying "bell not working - please knock" )
I had a complex illness that is considered rare (1200 case per annum), leaving myself and many others with serious long term complications.
After entering my property the assessor stated in a very condescending tone "that he was very experienced with my particular illness and that 80% of people made a full recovery" ( belonging to both the International and UK support groups for this illness and as there is no central medical facility that deals with it, I doubt there is a Doctor or Consultant who would lay a claim of being experienced ) The man later stated he was a RN.
I took offence at his comments as it seemed he had already decided my case was a fraud.
I must have managed to hide my taking offence at his comments as he later stated in his report " that we had a good rapport " However, his comments coloured my attitude to him.
The report came back with a zero score on all counts.
This was a shock as some of my problems are that my mobility is seriously compromised by a paralyzed foot, lower limb weakness and balance.
After I got over the shock I read some of the extracts they had included from his assessment, I was astounded !
I rang the DWP and told them I wished to dispute his assessment, they advised me that I would get a phone call within five working days, I actually received the call within one working day, the person that rang me was the same person who had sent me the letter ( it seems from the advice your giving it should be somebody else )
She was very pleasant and it came out during the call that he had failed to report the fact that the toes on one foot are paralyzed, in a claw. ( I stated that I had deliberately not worn any footwear as I thought it might need to be examined or manipulated )
Cutting a long story short, there were various other things I had stated which she alleged were not reported in his assessment.
I asked if I was allowed a copy of the assessment and requested one, I was advised I would receive it after they had done a mandatory reconsideration.
I have now received the written decision on the reconsideration and it is still zero points on all levels.
Is my only option now to go to tribunal? Any advice would be appreciated.
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- Gordon
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10 years 2 months ago #130093 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP refused advice please.
GR
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You have two options, you can appeal the current Decision and/or start a new claim for PIP. You will only be entitled to back payments if your appeal is successful and a new claim will limit the result of any appeal as it will result in a new Decision, however, you can start from scratch which may be an advantage.
I would start be comparing your claim form to our PIP Claim guide to see where you might improve it, the qualifying criteria for PIP are significantly different from those used under DLA.
You should also have a look at our PIP MR & Appeal guide, which will help you prepare for an appeal if you go down that route. Both guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
Once you have looked at the guides, if you have any questions, then please reply to this post and we will do our best to help you.
Gordon
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You have two options, you can appeal the current Decision and/or start a new claim for PIP. You will only be entitled to back payments if your appeal is successful and a new claim will limit the result of any appeal as it will result in a new Decision, however, you can start from scratch which may be an advantage.
I would start be comparing your claim form to our PIP Claim guide to see where you might improve it, the qualifying criteria for PIP are significantly different from those used under DLA.
You should also have a look at our PIP MR & Appeal guide, which will help you prepare for an appeal if you go down that route. Both guides are on the following link
www.benefitsandwork.co.uk/help-for-claimants/pip
Once you have looked at the guides, if you have any questions, then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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