DLA transition to PIP - evidence?

GlasweJen

I'm an emotional wreck today but need to print and send this asap, would someone mind reading it and editing as appropriate?

To Whomever it may concern,


re. GlasweJen, NI number



I wish to complain about the handling of my application for PIP and the mandatory reconsideration procedure.


I called at [time] on the [date] and stated that I wished for my claim for PIP to transition to the mandatory reconsideration phase and that I also wished to complain about a remark by the decision maker in my initial application.


I was told that I had the option of either talking to a decision maker over the telephone or writing a letter outlining why I disagreed with the decision. I asked if the decision maker could call me back and was told that this would happen within a day.


When I did not receive my call back I called again at 16:30 on the same day and was told that my call had been mislabelled and that I would receive a call back within 1 week.


I did not receive the call back and got anxious so I wrote a letter outlining why I disagreed with the original decision to the DWP. I then received my mandatory reconsideration in the post, it stated that the decision maker used the evidence from my "how your disability affects you" form only. I believe that the decision was made prior to the DWP receiving my letter.


I called the DWP today and was told by the call agent that the decision maker would not have called me back as my call back was initially labelled as me wishing to complain about the decision. The call agent told me that I would not receive a call back in that situation as the DWP do not take handle complaints about benefit decisions.


This has led to my mandatory reconsideration taking place with no input from myself, the decision has not changed and now my DLA will be stopped until someone re-looks my claim at a tribunal, a process I was hoping to avoid given my mental health problems.


I wish for the above to be reviewed and for a senior member of staff to listen to my calls between the 1st March and the 16th March and for the call handlers involved to be given further training so that this does not happen to any further claimants.


The complaint I wished to log initially related to the original decision makers statement that I am able to call a taxi. The statement was illogical given the placement within the decision makers explanation as it was not in reference to my communication needs but in relation to mobility needs. Nowhere in the DWP guidelines does it refer to the purchasing of driving services to compensate for disability, following the logic of the original decision maker I should have been awarded 0 points for preparing food as although I can't prepare food safely I am able to use the phone or internet to purchase hot food that will be delivered to my home.


I still wish to complain about this as I felt that it was written in order to undermime the authenticity of my claim. The phrasing made it seem like my claim for benefits was based on a life style choice of choosing taxis over public transport and the whole conversation with the DWP appointed "health professional" revolved around what I do if my lift share was not available to take me to or from work, I do not call taxis for every journey and usually use public transport aided by a carer or family member.


I would be most grateful if the above could be reviewed according to the DWP complaints procedure. The mishandling of my claim has caused me a lot of stress and now means my claim will have to proceed to tribunal with no payment to pay for the care outlined in my form until the tribunal is heard. This will cause me financial hardship and social isolation as a result of being unable to pay for external care and the drop in my carers income due to the stopping of her carers allowance and payment of her national insurance premiums.


Yours faithfully

50Twuncle

GlasweJen wrote: »

I'm an emotional wreck today but need to print and send this asap, would someone mind reading it and editing as appropriate?

I suggest that this problem is getting rather too large for you (it would be for me) and that you should not be trying to fight DWP on your own - can you get professional help (from CAB or a charity) to fight your corner for you ?
ps The letter appears fine to me - but, since I don't know you or what you are going through, I am unable to comment on the contents !!
Can you confirm whether you have had a face-to-face assessment ?

YOU NEED HELP IN YOUR FIGHT - YOU CANNOT DO IT ON YOUR OWN.

Muttleythefrog

FBaby wrote: »

I really hope that one government will have the guts one day to reallocate PIP appropriately so that those who really need it get a lot more than they currently receive and others accept that their disability shouldn't be an open book to extra cash to enjoy luxuries they wouldn't be able to afford otherwise.

That'll never happen... because the cost would be astronomical. Care is extremely expensive... of a different order than these benefits award. There's no point trying to link the payments to the disabilities that are to be overcome.. they do not correspond in any plane of this reality and are not meant to. If I spent my DLA on care I'd be without care for virtually all the time the award states I need it... that's just a plain economic fact... and no different will it be if I'm lucky enough to get a PIP award later in year when I'll be moved presumably... good luck Glaswegen... didn't realise this section of the site existed and found by accident.. but I hope you get some end satisfaction... you'll be far from alone sadly in fighting for due entitlements.. and if WCA was anything to judge... also victim of misrepresentation and misuse of statements or facts in face to face assessments.

50Twuncle

I agree - how much would a professional charge to come and care for someone - perhaps £15 or £20 per hour - so someone on mid-care component would be able to pay for 3 hours care a week - hardly a lifesaving period of time ........
Similar arguments could be used for CARE ALLOWANCE - They expect 35 hours care and pay £55 per week - doesn't take a genius to calculate the assumed pay rate !!

Mind_Game

GAMH may be able to help you. They helped me greatly with my PIP application. PIP is more stringent than DLA, but, with GAMH's help, I qualified based on one form, a GP's sick line, and a phone call. Their number is 0141 552 5592, or they have an email address - which I don't recall; you could search Google for it. Best of luck.

By the way - love your signature! I'm so glad IDS resigned.

50Twuncle

GlasweJen wrote: »

I'm an emotional wreck today but need to print and send this asap, would someone mind reading it and editing as appropriate?

Hi Jen,
I was wondering how you were getting on with your appeal ?
Anything to report to us ?

GlasweJen

No, I've got the letter from the tribunal saying that they've received my application but that's as far as it's got.

My complaint to the DWP has been ignored (no surprise there), should probably write to them and chase it.

Blue badge has expired, found a phenomenon where no matter how quiet the car park is or how far away we park someone always parks so close to the passenger door that we struggle to get me back in the car.

50Twuncle

GlasweJen wrote: »

No, I've got the letter from the tribunal saying that they've received my application but that's as far as it's got.

My complaint to the DWP has been ignored (no surprise there), should probably write to them and chase it.

Blue badge has expired, found a phenomenon where no matter how quiet the car park is or how far away we park someone always parks so close to the passenger door that we struggle to get me back in the car.

So why have you not done it yet ?
Otherwise They win And You LOSE !!
COME ON - GET WRITING - TODAY *****
Whatever you do - keep on trying - you will win - eventually.

GlasweJen

I've written it, the tribunal have it and are waiting on the DWP responding, nothing I can do there.

Also wrote and sent the complaint but it's less than 28 days so I will write and copy in someone higher if I can work out who if it keeps going unacknowledged. There must be an ombudsman who deals with the DWP.

And can't do anything about the badge, the OT who does the councils assessments is on long term sick (must be really long term as I got the same excuse 2 years ago and had to get my DLA up-rated to qualify on automatic grounds), I have written to my MP telling her of my predicament and pointing out that I can't stand up without 10 minutes, 2 crutches and someone to catch me but rules is rules.

50Twuncle

GlasweJen wrote: »

I've written it, the tribunal have it and are waiting on the DWP responding, nothing I can do there.

Also wrote and sent the complaint but it's less than 28 days so I will write and copy in someone higher if I can work out who if it keeps going unacknowledged. There must be an ombudsman who deals with the DWP.

And can't do anything about the badge, the OT who does the councils assessments is on long term sick (must be really long term as I got the same excuse 2 years ago and had to get my DLA up-rated to qualify on automatic grounds), I have written to my MP telling her of my predicament and pointing out that I can't stand up without 10 minutes, 2 crutches and someone to catch me but rules is rules.

http://www.ombudsman.org.uk/