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DLA/PIP Loss :(

Discussion in 'Benefits' started by JasLS90, Nov 21, 2019.

  1. JasLS90

    JasLS90 · Newbie

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    Hi everyone,

    I have been on DLA since my T1 diagnosis in 1996. Over the summer I received a letter saying I would be moving over to PIP, subject to a successful claim. I went for my interview in September, the woman was very nice and told me she was there to help me. Well today I got my decision letter from DWP. I have several other conditions as well as my T1, including joint problems, a bowel condition and mental health conditions. The letter has basically said there is nothing wrong with me! And some of the wording was very offensive in my opinion, including comments on personal appearance. Losing my DLA is a massive loss to my monthly income. I only work part time. Has anyone else been in this situation? I feel a bit hopeless and I’m wondering what to do next? Would ESA be a good step to try? I feel so humiliated by the whole process. Any advice or comments on personal experiences would be welcomed, thank you.
     
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  2. bobduff

    bobduff · Member

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    I would suggest that you appeal the decision. They are trying their best to get people off certain benefits but usually if you appeal they will change their decision. Good luck.
     
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  3. shelley262

    shelley262 Type 2 · Well-Known Member

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    Would recommend these guys a great charity and lots of very useful info

    https://www.benefitsandwork.co.uk/

    My eldest son has autism and mental health problems and have big issues with benefits system have had lots of help from this charity’s guides and forum.
    You’ll need to apply for mandatory reconsideration first but find out as much as you can before you go to battle
    Good luck it’s a challenging environment at the moment and you’ll need to get your evidence in place and go about it systematically but remember many who appeal get awards reinstated
     
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  4. Swiggy

    Swiggy Type 2 · Well-Known Member

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    You must appeal the decision but get help from someone who knows what they are doing. I would suggest the CAB or a local welfare rights organisation. Some housing associations have benefit maximisation staff. A high proportion of decisions to reduce DLA and PIP are reversed on appeal. If the decision is not reversed appeal to a tribunal.
    When you are filling in the forms always tell them how you are on your worst days, never say that you have good days and bad days.
     
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  5. JasLS90

    JasLS90 · Newbie

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    Thank you all for the help and advice, I will talk to CAB and try the website mentioned above.
     
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  6. frankyscouse

    frankyscouse · Member

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    Appeal mate .I have recently been diagnosed with t1 diabetes but have epilepsy since I was 17 .same thing happened to me , was on dvla got moved to pip and got booted off
    You will have to take it to a tribunal. The mandatory appeal always fails .

    Defo speak to citizen advice bureau .I am not going to lie , it will be a long time before you get your tribunal because it's done by design to make you quit
    68% of people kicked off pip are reinstated after the appeal so do not give up .
    Good look
     
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  7. INeedAnA-Z

    INeedAnA-Z · Member

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    Contact fightback for justice on facebook, they are a group of solicitors and law advocates working mainly pro bono (small charges to access parts of their site) and have a 90%+ success rate on appeals etc
     
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  8. Derbysocks

    Derbysocks Type 2 · Active Member

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    Appeal & get your psychiatrist to write a letter & your doctor. You should win.
     
  9. Norfolkmell

    Norfolkmell Type 2 · Well-Known Member

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    I went through this two years ago, was only awarding high mobility and low care after face to face. Asked for a copy of the report and the assessor had lied throughout so asked for a mandatory reconsideration pointing out all the mistakes. Came back as upheld. Decided to go for tribunal it is a lot of work, a lot of writing getting copies of consultants letters, care plans from carers, daily reports everything I could think of.
    Tribunal date came through quickly, went with my partner, very scary, judge, a doctor and a disabled lay person on panel. Loads of questions going through a daily routine, what my carer helps with what my partner has to do for me. Was in there about three quarters of an hour. Was asked to then wait outside for about a quarter of an hour then back in to be told that I had three more points which gave me high rate both parts back dated. The only thing they didn't extend was the stupid time limit had DLA for life PIP only three and half years. I'm a pensioner multiple conditions all getting worse so nothing is going to change.
    Benefits and work website very good, worth paying subscription for a year. I understand that the DHSS are looking at all decisions for the over 60s to give a longer time limit. Hope they do before mine runs out otherwise I won't be able to get a new Motability car next November as my award only goes until May 2021.
    I believe that most decisions are changed at tribunal I think almost 80% now but a much longer wait. Send as much information for mandatory consideration as more of those go in your favour at the moment. You have to be strong and focused. Do you know how many more points you needed? Make sure you provide evidence for all categories and not just the ones you think are wrong.
    Good luck!
     
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  10. teasytux

    teasytux Type 1 · Active Member

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    Hello fellow members,

    I'm sorry to hear what you're going through Jasls90...As other members have said, do the mandatory reconsideration & then appeal if that doesn't help you. The citizens advice are a good source of help plus online there is advice on what to do. A well known search site has good sites to help.

    My Indefinite DLA was ended last month, November 2019 & I had to claim PIP.. I received standard care but my mobility was stopped.. Was a shock! I asked for the Atos report & couldn't believe how much was edited out & what can only be deliberate lies by the assesor.. I am so cross, it is unbelievable what's going on. I'm in the process of applying for the mandatory reconsideration.. Getting the medical documents takes so long, I'm already past the 28 days. Apparently, according to the DWP man I spoke with, about all this, legally you have 13 months he said, in law to get the decision looked at again & I've that recorded.

    I've spoken to people about my situation & they couldn't believe the decision. What makes me really cross.. I've been told from some people that they know of someone who is lying to PIP & getting full allowances.. So much for weeding out the con people!

    I've been type 1 since 1972, all but a year of my life & have awful Neuropathy in both legs, arms & hands, feet. Autonomic Neuropathy affecting stomach & bowel & heart rate plus Retinopathy. My retina photos look like a battleground on mars. There are people much worse off than myself. I don't like having to rely on benefits to exist but have no choice. I only hope the reconsideration & appeal process, not just for myself but for everyone going through, have positive outcomes. I never would have thought we'd still be in these types of situations in the 21st century...

    Good luck to all
    Tux
     
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  11. Route 66

    Route 66 Type 2 · Well-Known Member

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    The main thing to remember is that PIP is not about what illnesses you may or may not have, but it is about how those illnesses affect your daily living. That is what you need to prove to the DWP.

    With the old DLA, it was much easier as all you had to prove was that you had specific ailments and you could be awarded for up to a life period. PIP is different as you need to prove how your illness affects your daily living. If awarded, PIP will be for a set period and will be reviewed regularly. The longest award period is for ten years although most are much shorter. The government has recommended that those over 60 years old (already in receipt of PIP) will in future only have a "light touch" review, although that has yet to be introduced.

    Firstly, if you feel that the f2f report has not been compiled properly, you should register a complaint with the Company that carried out your assessment (Either ATOS or Capita). This may help your appeal with the DWP. You can start the complaint by telephone to ATOS or Capita.

    Secondly, contact the DWP and ask for a Mandatory Reconsideration by a Case Manager. You should do this within four weeks of receiving your award notice. You may be tight on time now, but they are allowed discretion to extend the time limit. Get it underway asap.

    Mandatory Reconsiderations usually take about 4 weeks and a Case Manager will decide whether to increase or decrease your points. MR's are not usually successful.

    If your MR is not successful, you can go to an independent tribunal. Currently it is taking up to 12 months to get a case to a tribunal. I would suggest that if you go to a tribunal, you get help from the CAB to help you prepare the appeal and present your case, as you will need to prove the relevant points. There is a better success rate at tribunals.

    Good Luck as this can be very daunting.
     
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    #11 Route 66, Dec 31, 2019 at 7:24 AM
    Last edited: Dec 31, 2019
  12. GeordieMark88

    GeordieMark88 · Active Member

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    I had my face to face on 4th December. I got a text to say the report had been sent so I requested a copy. I received this over the Christmas.

    I’m a type one diabetic and also have a visual impairment and registered partially sighted so my day to day activities are impacted greatly.

    I’ve heard the horror stories about the assessors but I must admit my report is positive, accurate and no lies.

    There seems there is a lot of bad press but there is good stories too.

    Looking at the report I’ve scored standard daily living, enhanced mobility and a review in 2.5 years.

    I’ve been told the DWP go with what the assessor recommends in most cases so fingers crossed that happens when I get the official decision.

    Keep fighting!
     
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  13. lucylocket61

    lucylocket61 Type 2 · Expert

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    I just want to point out that not every disability is visible.

    My son looks fine to a casual stranger. But he is not. He gets the enhanced mobility PIP for very good reasons.
     
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  14. TriciaWs

    TriciaWs Type 2 (in remission!) · Well-Known Member

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    Definitely appeal.
    First ask for a full copy of the report if you don't have one. Take a copy so you can highlight bits and scribble notes on it. Write to DWP stating you wish to appeal - check the deadline for this - they will first do a mandatory reconsideration, usually a complete waste of time but this is part of the new process.
    Bullet point the issues, any incorrect statements attributed to you, missing or incorrect medical notes. issues such as them claiming they got you to do tests that never happened, etc, etc. Get help with this if you can.
    When they almost certainly reject it, then apply for a tribunal appeal. You will probably need help with this to make sure you cover all the issues.
    Well over half of people appealing win. The proportion is far higher for those that can get help.
     
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  15. GeordieMark88

    GeordieMark88 · Active Member

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    Just wanted to let you know that my decision was made on Friday and I have been awarded PIP at the standard rate for daily living and enhanced for mobility. My report was really good.

    Keep on trying and fighting as not all assessors are bad!
     
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  16. Norfolkmell

    Norfolkmell Type 2 · Well-Known Member

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    Well done, I bet that's a relief!
     
  17. GeordieMark88

    GeordieMark88 · Active Member

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    Yeah it’s a long process, applied 8th October 2019 so it takes a lot out of you. Now I can at least pay for items and services that will support me and help me instead of struggling.
     
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  18. spyda410

    spyda410 · Newbie

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    Don’t give up fighting for this, because they think you will give up. I was on DLA Indefinitely, and had to apply for PIP. I had 2 Assessment dates, one in Octoberand one in January, but the Assessor didn’t turn up ?!
    I had to have a Telephone Assessment 6 weeks ago that lasted an Hour and 35 Minutes, and it was very detailed and thorough. I got the dreaded Brown envelope on Monday and I was awarded Enhanced on Both for an “Ongoing Period”. I’m so relieved about that, as I have many health issues that make life very difficult. I was Diagnosed with Diabetes last week. I have been a Member if the Benefits and Work Website for a few years now and I highly recommend that you join it, because it has many helpful Documents you can download.
    Good luck.
     
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