PIP, DLA and AA
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DLA evidence

BobconBobcon Member Posts: 6 Listener
Hi I have been waiting for DWP to send my evidence of DLA I received a letter a few days ago stating that they can’t find my file!! This is soul destroying, has anyone else encountered this problem. They have given me extra time to find my own evidence, I have a meeting today with Chaps to get help in filling out my PIP form

Replies

  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    Quick tip, DLA is paid into a bank account. If you are online and do online banking, access your account, scroll back as far as possible to find your DLA payments. Note how much, and then work forward to how much your DLA is now, that will give you (1) an indication of when your DLA started, and what level of personal care and mobility was. If DWP have lost your records for DLA they must have the a paper (physical) file copy somewhere, unless your original claim was over 7 plus years ago. They are on a hiding to nothing, if they cannot find your records, as they cannot balance your previous health conditions against your current health conditions. 

                          (Man is the only animal that blushes, or needs to!)
  • BobconBobcon Member Posts: 6 Listener
    I have the original award letter from 1992, so I can prove it. Not to say they will though😡
  • YadnadYadnad Posts: 2,856 Member
    I didn't know that the DLA file and the evidence contained in it would be relevant for the PIP claim.

  • mikehughescqmikehughescq Member Posts: 5,924 Disability Gamechanger
    If you’re a conversion case then when you make the call you are asked explicitly if you wish the evidence from your DLA award to be used. DWP have conceded that this was often not happening when the calls were taken by outsourced staff. The resulting answers should be documented in the PIP 1 form and this should be sent to you before the PIP 2. Stopped happening about 6 months into PIP but recent case law has focused tribunals on enduring the PIP 1 is in the appeal bundle and all the DLA evidence if you ticked yes. 

    The PIP form can be found online as it’s the form you use to start an online claim. If DWP say they have “lost” all this then you do a subject access request under the FOI legislation and ask them to fully disclose what they have. 

    I’ve been doing this for a long time and have lost count of the number of appeals where documents DWP insisted no longer existed and yet they mysteriously turned up on the day. Persist. 
  • BobconBobcon Member Posts: 6 Listener
    Thanks I still have the pip1 form, I’ll check it our.Twice I called for my DLA evidence but I rember clearly all that happened with my first  award and the Doctor who carried out my examination. I got help from a Community advocacy yesterday and they were most helpful, they assisted me with my application and if i have to get M R they will assist again also if it goes to Tribunal they will come with me. Thanks again for your impute, this is so stressful I’ll be glad when it’s over 
  • YadnadYadnad Posts: 2,856 Member
    On my conversion I made the telephone call and during it I was never asked about my DLA file. Likewise a PIP1 form was not included with the PIP2.
    Consequently it is only now that I find that I should have been asked if I wanted the DLA file to be obtained and should have received details of what was said over the telephone.

    Incidentally I read something recently that the poor claimant can be penalised for not obtaining the DLA file him/herself and then presenting the contents/evidence to the DWP in respect of the PIP claim. It should not be expected that the DWP would do this for the claimant.

    Seems wrong to me if that is happening as the evidence/file is already in the possession of the DWP
  • BobconBobcon Member Posts: 6 Listener
    I was asked on the telephone if I wanted them to open my file, only to be told later that they can’t find it
  • mikehughescqmikehughescq Member Posts: 5,924 Disability Gamechanger
    That’s where an FOI comes in. I’ve had DWP tell me a whole file was lost repeatedly and then mysteriously find documents going back 35 years on more than 1 occasion. Persist.
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