Migration from DLA to PIP

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tinacee1
tinacee1 Online Community Member Posts: 2 Listener
in PIP, DLA, ADP and AA
I attended an assessment done by ATOS as requested and was refused PIP. I have requested a Mandatory Reconsideration as the report by the assessor contained lots of discrepancies and untruths about my condition and how these conditions affected my day to day life. I can't understand this and particularly since I had gone for an assessment for migration to the ESA Work Group to the ESA Support Group which I was successfully transferred to last year. I assumed that they had recognised the difficulties that I was experiencing by having to sign on and having to look for work because of my arthritis and fibromyalgia which I gave details of on the ESA Support Group form. They were made aware that I was successfully claiming DLA on the low rate. Should this not have been taken into consideration on my new application for PIP. I had assumed that it would have been simply a changeover to the new PIP. It just doesnt make any sens Should I add this information to any future appeal if my Mandatory Reconsideration is unsuccessful.

Comments

  • Firefly123
    Firefly123 Online Community Member Posts: 526 Empowering
    The difference I've found is DLA is more about your diagnosis and pip is about how you fit the descriptors and how they effect your daily living so should concentrate on giving examples of how you fit them 
  • wilko
    wilko Online Community Member Posts: 2,438 Championing
    Hello and welcome, when you where claiming DLA the fovus was about your illnesses and disability. But as now you have tried to claim PIP the focus is on your abilities to meet the PIP descriptiors in a safley, timely  and repeatable manner. When you respond to the MR focus on how you meet the PIP descriptiors giving several examples of why you are unable to do, meet the criteria of the PIP descriptiors.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    Claiming DLA doesn't automatically entitle you to PIP and neither does ESA. You need to focus on how your conditions affect your ability to carry out daily activities based on the PIP descriptors. Give 2-3 examples of what happened the last time you attempted that activity.
  • pixie61
    pixie61 Online Community Member Posts: 67 Contributor
    However, I have read that there has been a test case at an upper tribunal, whereby it was looked at that if a long term DLA claimant had a pip award refused or downgraded, the DWP had to given good reason as to why they have done that. I’m going through an MR for pip, after  my original DLA of 11 years enhanced award was downgraded. I have made Dwp aware that I know of test Case & I have involved my local MP. Not yet had my outcome. If my award remains the same, I will be taking it to tribunal. We have to fight, not let them get away with how they’re treating us! 
  • Yadnad
    Yadnad Posts: 2,884 Championing
    pixie61 said:
    However, I have read that there has been a test case at an upper tribunal, whereby it was looked at that if a long term DLA claimant had a pip award refused or downgraded, the DWP had to given good reason as to why they have done that. I’m going through an MR for pip, after  my original DLA of 11 years enhanced award was downgraded. I have made Dwp aware that I know of test Case & I have involved my local MP. Not yet had my outcome. If my award remains the same, I will be taking it to tribunal. We have to fight, not let them get away with how they’re treating us! 
    I think that the test case you are on about is only for those that have previously had a PIP award and not a DLA one.

    PIP and DLA are not the same and they do not assess in the same way.
    My DLA was indefinite since 1995 - High Mobility & High Care. I had my PIP assessment and 'award' in 2013 and was given 0 points.

  • pixie61
    pixie61 Online Community Member Posts: 67 Contributor
    No the test case is for long term DLA migrating to pip. We know it’s a new claim, different discriotors etc, but if you’re disabled enough to have a long term DLA award, Dwp must give good reason as to why they now say you’re fit & healthy & not awarded pip or a lesser award! 
  • pixie61
    pixie61 Online Community Member Posts: 67 Contributor
    Test case made by upper tribunal (cpip/3272/2016) google & read it, very interesting! 

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