DLA to PIP

TrishB25
TrishB25 Community member Posts: 1 Listener
in PIP, DLA, and AA
I've recently been transferred from DLA to PIP but they have awarded me £80 a month less than I was getting I'm afraid to appeal in case they decide to stop it altogether is there anything I can do ?

Comments

  • fibro
    fibro Community member Posts: 3 Listener
    i was exactly the same lost my car and everything else, appeal doctors letter i had to pay for and specialist letters for different conditions and diseases i have. made the appeal made no difference, infact it did, they reduced it again, then i wished i had not bothered.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    @fibro, did the tribunal warn you beforehand that they wanted to reduce your benefits further and give you an opportunity to withdraw your appeal so that you could keep the benefits already awarded?
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing

    Hi TrishB25,

    It is true that if you challenge your award, it can be increased, kept the same or decreased. So there is a risk to your existing award if you ask for a reconsideration or appeal. However, the majority of people who attend a tribunal and argue their case are successful.

    The first thing to do is check to see if you meet the criteria for a higher award. Have a look at the PIP descriptors at www.scope.org.uk/support/disabled-people/benefits/personal-independence-payment. If you think you do then try and get evidence from a doctor or health professional to support your argument.

    It would be a good idea to get some help with this from a specialist adviser - ring the Scope helpline on 0808 800 3333 to see if there are any organisations near you who can assist.

    Best wishes,

    Michael

  • rrosemary7
    rrosemary7 Community member Posts: 1 Listener
    Dear Michael
    I am going through this process . My husband suffered a stroke. He was on DLA highly rate for care and mobility. After assessment, DLA will cease in Jan 2017.he has  been awarded PIP standard rate for Daily living activities and no award for mobility.
    I have written and asked for a mandatory reconsideration. I'm awaiting a reply.
     I have obtained a copy of ATOS report and written a draft of the discrepancies with the discriptors we believe to be 'best fit'.
    We now have a Letter from GP. 
    Can you offer any more advice?
    than you 
  • catchacold2
    catchacold2 Community member Posts: 19 Connected
    rrosemary7 said:
    Dear Michael
    I am going through this process . My husband suffered a stroke. He was on DLA highly rate for care and mobility. After assessment, DLA will cease in Jan 2017.he has  been awarded PIP standard rate for Daily living activities and no award for mobility.
    I have written and asked for a mandatory reconsideration. I'm awaiting a reply.
     I have obtained a copy of ATOS report and written a draft of the discrepancies with the discriptors we believe to be 'best fit'.
    We now have a Letter from GP. 
    Can you offer any more advice?
    than you 
    Ask for a copy of the assessors report. You do not have to wait for its arrival before you ask for or send a MR off. Just make sure the decision maker is aware that you are awaiting its arrival and that once read further evidence may be forth coming. Ask that a decision is not made until you have had a chance to do this. Keep your own copies of everything sent./said/dates /names Send everything tracked. Best Wishes
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing

    Dear rrosemary7,

    It sounds as if you are doing everything you can. You have the ATOS report and you have identified the discrepancies, and you have medical evidence from your husband's GP. It also sounds as if you have been able to think about what points your husband should have got for the daily living and mobility components - you can look at these here if you want to check.

    Once you get the mandatory reconsideration, if it doesn't change the decision then you need to consider going to appeal. There is a high rate of success at the appeal stage. That's the point where your list of discrepancies, and the medical evidence, will be really useful. Getting help from a local agency to prepare a submission for the tribunal is a good idea (for example, Citizens Advice), and they may even be able to represent your husband.

    Another thing to consider is whether you want to complain to ATOS about the discrepancies. You can contact them on PIP-customerservice@atos.net

    You should appeal within one month of being sent the mandatory reconsideration notice. Do post back if you have more questions.


    Will

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing

    fibro, I'm really sorry to hear about what happened. Was the award reduced further after a mandatory reconsideration, or was it at appeal? As Matilda says, it is worth exploring whether the tribunal did this fairly by warning you in advance, so you could either put forward arguments for keeping the original level of award, or withdraw your appeal.

    If they didn't do this, then how long ago was the appeal decision? It may be worth challenging it further (you would need specialist advice, eg from a law centre or CAB), or it may be that the best way forward is simply to start the process again by saying that you think your award is wrong and ask for it to be looked at. Depending on what led to it being wrong, it may be possible for it to be changed. I know that would be daunting for you, but it does sound as if you may not be getting the correct rate of PIP.


    Will

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