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  • FIRST POST
    • FingerNail
    • By FingerNail 7th Oct 16, 11:42 PM
    • 2Posts
    • 0Thanks
    FingerNail
    Higher rate DLA.. Swapped over to PIP, 0 points
    • #1
    • 7th Oct 16, 11:42 PM
    Higher rate DLA.. Swapped over to PIP, 0 points 7th Oct 16 at 11:42 PM
    NOTE: I'm writing this on behalf of my OH.

    I've been a long time lurker on this site but have joined today after the brown envelope of doom arrived this morning..

    I've been in the Support Group of ESA & on DLA for alomost 10 years - LRM, MRC for a whole host of mental/physical issues. At the end of 2014 I was finally diagnosed with fybromyalgia and put in for a chance of circumstances on my DLA.

    My DLA award was increased to HRM & HRC.

    In August I was invited to apply for PIP as my DLA was due to expire at the end of 2016.. PIP forms completed/returned, then invited for ATOS assessment, which took all of 15 minutes. This worried me as my last ATOS assessment a few years ago took almost 3 hours...

    The ATOS assessment for my PIP was initially booked in a town 20 miles away and had to be there at 9.00am despite me not being able to function for the first 2-3 hours of each day. This was changed to a more suitable venue/time the following week.

    Brown envelope of doom arrived today to say that I'm not entitled to any PIP at all. This angered me, as the 'points awarded' appear to be from someone else. The "MY DECISION" section described me as happy, chatty, drives daily, uses phone daily, built up positive rapport with HP and generally lied about me in every way possible.

    I've requested that my claim is looked at again and submitted several A4 sheets of paper highlighting my many conditions, disabilities and how day to day life is generally rubbish and a struggle. I've requested a copy of the ATOS report and intend on pulling it to pieces. I'm also waiting to see my GP on Monday.

    I feel so hacked off right now, as even thought my current DLA award doesnt expire until the end of 2016, because the PIP decision was made on 30th October, my current DLA award "by law" has to end 30 days after the PIP decision. This means that in 21 days time I will have no DLA, plus my motability car will go back. My ESA will also drop significantly as I get the disability premiums.

    I'm at my witts end and can actually see why people commit suicide!
Page 1
    • Diary
    • By Diary 8th Oct 16, 12:27 AM
    • 414 Posts
    • 447 Thanks
    Diary
    • #2
    • 8th Oct 16, 12:27 AM
    • #2
    • 8th Oct 16, 12:27 AM
    NOTE: I'm writing this on behalf of my OH.

    I've been a long time lurker on this site but have joined today after the brown envelope of doom arrived this morning..

    I've been in the Support Group of ESA & on DLA for alomost 10 years - LRM, MRC for a whole host of mental/physical issues. At the end of 2014 I was finally diagnosed with fybromyalgia and put in for a chance of circumstances on my DLA.

    My DLA award was increased to HRM & HRC.

    In August I was invited to apply for PIP as my DLA was due to expire at the end of 2016.. PIP forms completed/returned, then invited for ATOS assessment, which took all of 15 minutes. This worried me as my last ATOS assessment a few years ago took almost 3 hours...

    The ATOS assessment for my PIP was initially booked in a town 20 miles away and had to be there at 9.00am despite me not being able to function for the first 2-3 hours of each day. This was changed to a more suitable venue/time the following week.

    Brown envelope of doom arrived today to say that I'm not entitled to any PIP at all. This angered me, as the 'points awarded' appear to be from someone else. The "MY DECISION" section described me as happy, chatty, drives daily, uses phone daily, built up positive rapport with HP and generally lied about me in every way possible.

    I've requested that my claim is looked at again and submitted several A4 sheets of paper highlighting my many conditions, disabilities and how day to day life is generally rubbish and a struggle. I've requested a copy of the ATOS report and intend on pulling it to pieces. I'm also waiting to see my GP on Monday.

    I feel so hacked off right now, as even thought my current DLA award doesnt expire until the end of 2016, because the PIP decision was made on 30th October, my current DLA award "by law" has to end 30 days after the PIP decision. This means that in 21 days time I will have no DLA, plus my motability car will go back. My ESA will also drop significantly as I get the disability premiums.

    I'm at my witts end and can actually see why people commit suicide!
    Originally posted by FingerNail

    Was there a specific question you had?

    You've already asked for a mandatory reconsideration so it's just a waiting game now I'm afraid.
    .Master Apothecary Faranell replied, “I assure you, overseer, the Royal Apothecary Society dearly wishes to make up for the tragic misguidance which ended so many lives. We will cause you no trouble. We seek only to continue our research in peace.
    • densol
    • By densol 8th Oct 16, 8:33 AM
    • 1,111 Posts
    • 991 Thanks
    densol
    • #3
    • 8th Oct 16, 8:33 AM
    • #3
    • 8th Oct 16, 8:33 AM
    Sorry to hear this OP - its one of many decisions like this. It must be a standard paragraph on the Atos computer ( engages / has rapport with assessor ) as sooo many people seem to suddenly have a great time with the Atos assessor - its a joke !

    I got enhanced PIP care and standard mobility at a Tribunal after being initially awarded 7 points. The MR didnt change however the Tribunal actually read my medical evidence ! Dont give up - keep on top of them to get the MR reviewed, then put in a Tribunal appeal. Mine was a "paper" tribunal as I was and probably always would be too ill to attend. Im ok to write things down ( such as on here ) but cannot possibly engage face to face. I told the Tribunal ( in the nicest possible way) I would rather lose than force myself to attend - so you can win Tribunals - so dont give up hope!
    Stuck on the carousel in Disneyland's Fantasyland

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
    • Alice Holt
    • By Alice Holt 8th Oct 16, 11:31 AM
    • 558 Posts
    • 508 Thanks
    Alice Holt
    • #4
    • 8th Oct 16, 11:31 AM
    • #4
    • 8th Oct 16, 11:31 AM
    I've posted details about the PIP appeal process on this thread:
    http://forums.moneysavingexpert.com/showthread.php?t=5490905

    Hopefully it may be of use.

    Have a read throgh this guide:
    http://www.advicenow.org.uk/guides/how-win-pip-appeal

    Another source of very useful help is:
    http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
    and
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

    Good Luck.

    Points and descriptors here:
    http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system


    Hope this is of help

    I have also posted on http://forums.moneysavingexpert.com/showthread.php?t=5521997
    some detailed posts which may be useful in your situation.
    • Alice Holt
    • By Alice Holt 8th Oct 16, 12:00 PM
    • 558 Posts
    • 508 Thanks
    Alice Holt
    • #5
    • 8th Oct 16, 12:00 PM
    • #5
    • 8th Oct 16, 12:00 PM
    As densol has indicated the Tribunal Service (TS) are very fair and very thorough.

    At my local CAB, we regularly achieve awards for clients at tribunal who were assessed at 0 PIP points by ATOS.
    Don't expect the DWP to change their decision at MR stage, this is very rare. It's at the tribunal that the decision will be properly considered.
    Be aware of the time limits to appeal to the TS once you have the MR decision from the DWP.

    This is the form you will need after getting the MR decision from the DWP:
    https://formfinder.hmctsformfinder.justice.gov.uk/sscs001-eng.pdf
    I would advise you to attend in person, your OH can then explain fully to the panel about the restrictions to their day-to-day life and their care needs.


    Medical evidence (from your GP) will be very helpful at the tribunal.
    Perhaps on Monday you could explain the circumstances, the stress your OH is experiencing, and ask the GP if they would be prepared to help you provide medical evidence which you could then present to the tribunal.

    If you can, get your GP to provide evidence relating to the relevant PIP activities / activities.
    http://www.advicenow.org.uk/guides/how-win-pip-appeal is worth reading on how to do this.
    This could be done by way of a brief follow-up letter from you to your GP asking them to comment how the illnesses affect your OH with the relevant PIP activities.

    Do think about getting help from your CAB. They may have a benefits caseworker, who will be able to do a lot of the leg-work (such as writing to your GP for evidence, writing a submission to the TS) for you.

    Good luck
    Last edited by Alice Holt; 08-10-2016 at 12:07 PM.
    • FingerNail
    • By FingerNail 16th Oct 16, 12:41 PM
    • 2 Posts
    • 0 Thanks
    FingerNail
    • #6
    • 16th Oct 16, 12:41 PM
    • #6
    • 16th Oct 16, 12:41 PM
    Thanks for info.. I've since had a letter from my consultant that has been sent in with the MR stuff to back up my claim. Still waiting for the GP letter and copy of ATOS report :@
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