DLA to PIP reconsideration

ljenk

Anyone had experienced from DLA to pip, getting less and have to ask for reconsideration?

Geoark

Hello @ljenk and welcome to the community.

We have had a few members with this problem. If there is something specific you would like to ask regarding the process I suggest posting them at https://community.scope.org.uk/categories/ask-a-benefits-advisor

It will make it quicker for one of our benefit advisors to respond, and get feedback from members who have been through this process.

Sam_Alumni

Hi @ljenk welcome to the community, I have moved your post to the PIP category, we have some videos about appealing DWP decisions that may be of use to you.

https://www.youtube.com/watch?v=4sOsiEFo-Ck

Matilda

@ljenk

This happens a lot - you are not alone!  The first stage is to ask DWP for a mandatory reconsideration and, if that fails, appeal to a tribunal.  65% of tribunal appeals succeed.  Recently I won my tribunal appeal.

ljenk

Thank you! 
Well they did a mandatory consideration and said no. I sent in more evidence and they said no. 2 points below higher mobility and 1 below higher care rate. One case manager said if I can send in something specific they can look at it again. I did and they just referred it to the tribunal. My doc looked all at the notes and summary and has written another letter specifically stating where he feels they’ve underestimated my disability. When I received the case file it was stamped as poor quality. Am now awaiting a date and have been told it’s better to go than not. I’m so scared. My doctor has completely backed me but I’ve been told my chances are slim? 
The pip assessor that came to my house also was not entirely accurate on the forms! 

Matilda

@ljenk

Who told you your chances are slim at winning your appeal?  I was awarded 11 points daily living and 10 points mobility after assessment - but a tribunal gave me 13 daily living and 12 mobility.  Going to tribunal is worth the hassle.  The tribunal panel are impartial but they are inquisitorial so you might get a grilling.  Have your wits about you and answer their questions confidently.

Look out for questions about for how long can you walk and always relate this to distance, for example: 'it takes me such and such a time to walk 20 meters after which I have to stop and rest'.  They might ask you how far from your front door do you park your car.   

I was asked a lot of questions about driving.  I stated that I only make a few short journeys a week.  Tribunals, like assessors, think that driving ability can indicate enough strength to bathe and dress in average time.  Best not to drive yourself to the tribunal: take a taxi if necessary.

They asked me about shopping and I told them that I do supermarket shopping online, which I do.

Tribunal drew most of their questions on my diary.

Don't dress up for the tribunal and wear clothes that are easy to put on with easy fastenings.  

The stamp 'poor quality' refers to the quality of the photocopies of some documents.  I had the same stamp on some of my bundle docs.

Tribunals know that many assessors are of low standard which is why 65% of appeals succeed.

Your GP backing you up so strongly should help your appeal a lot.

Good luck at the tribunal hearing!

ljenk

@Matilda
thank you! My friends a solicitor and said that courts don’t like to rule a government institution. 
My doctor has literally specified where he feels they have underestimated my disabilities in accordance to the points I should have obtained to receive higher in both. Surely this would help? Did you go alone or with someone? 
What were your answers re walking etc? My doctor also wrote in the letter I drive for no more than 15 Mins and some days do not leave the house. I still do not believe they said no after he wrote more descriptive evidence! 

Matilda

@ljenk

Has your solicitor told you that courts don't like to over-rule government institutions?  PIP tribunals over-rule 65% of DWP decisions.  Tribunals are impartial, not there to back up the DWP.

I went on my own by taxi but wasn't asked how I travelled to the tribunal.

First, the doctor repeatedly asked for how long could I walk, not how far.  So I replied did he mean how long does it take me to walk 20 meters?  This interchange was repeated a few times, so then he asked for how long can I walk around a shop.  I said about 10 minutes, stopping and starting.  Then there were some questions on another a subject.  Next the doc went back to walking, this time about distance on its own.  He asked how do I know I can only walk 20 meters; had I ever measured it?  I replied, no, I judged from experience that the distance was 20 meters.  Anyway, tribunal awarded me enhanced mobility.

The important point is that time should not be considered in isolation.  Distance and time should be considered together, because the distance different people can cover in one minute can vary enormously.  So, if asked for how long you can walk, say it takes you such and such a time to cover such and such a distance.

Tribunals are impartial.  A hearing is rather like another assessment (though there are no exercises) but the tribunal has no bias (unlike assessors .  Tribunals just want to find out what you can and can't do.