Lost to the system

For information and discussion about benefits
Hi, new member here

I (72) care for my husband (68). He suffers from a host of both physical and mental problems - Chronic Pancreatitis, PAD, damaged base of the spine as well as P.T.S.D. and acquired frontal lobe brain damage.

He was receiving High Care & Mobility DLA indefinitely since 1994. He had his ATOS assessment in May 17 and was told by the DWP that he could walk over 200 metres and that he does not have any caring needs but managed to get 8 points for aids - stick, two hearing aids, electric bathriser and perching stool in the kitchen.

As such I still qualify for carers premium, but he is to be reassessed again in May 2019 (3 year award)

We could find no help with filling in the PIP2 (CAB couldn't offer an appointment in time, AgeUK have closed their centre down in the town and there are no other advice agencies).

Anyhow he received the assessors report with the decision notice which is utter rubbish. I replied to the decision notice telling the DWP that I didn't blame them for the decision they made as it was based on the ATOS report.

Just spoken with ATOS as I am putting in a complaint and will be trying to overturn their opinion. They told me that even if I manage to do that it would make no difference to the DWP award - that will still stand. The best that he would get from ATOS would be for them to admit their report is wrong on every point and they would tell the DWP to start a 'change of circumstances' situation which will result in yet another face to face assessment in a few months time.

Is this the way it works? I'm sick with worry over the loss of the DLA money with my husband having to go through another assessment?
You need to immediately appeal the DWP against the decision
Apply for Attendance Allowance
Send off the appeal to DWP immediately.
But secondly ask the CAB for an appointment, and say you want the point meant with e PIP expert.
I suggest that you contact the Carers UK Adviceline team as they are the experts on all matters related to caring and benefits.
Need expert advice? You can talk to the Carers UK Adviceline five days a week, no matter where you are in the UK or how complex your query is. We do benefits checks and advise on financial and practical matters related to caring.

Freephone: 0808 808 7777
email: advice@carersuk.org
Open Monday to Friday, 10am to 4pm

The Carers UK Adviceline also includes a listening service, there for you to talk through your caring situation with a trained volunteer who understands what you are going through. Available Mondays and Tuesdays, from 9am to 7pm
.

If you can’t get through on the phones (lines are often oversubscribed) then send them an email, they’ll usually get back to you within 3-5 working days.
Also make sure that you have both claimed winter fuel allowance now
Colin_1705 wrote:You need to immediately appeal the DWP against the decision
Thanks, but from what the DWP have told me if he wanted to appeal he should have asked for a reconsideration within 30 days. He had the decision letter dated 25th May so he missed the boat. He and I thought that you had to complain to ATOS if the decision was based on a poor report. The decision is right going by what they have said in the report and that's what I told them, but wrong if the true position had been reported.
Colin_1705 wrote:Apply for Attendance Allowance
Thanks

I had thought of that but seeing that he was awarded 8 points for aids only which got him Standard care, he can't go for Attendance Allowance. He can only go if the review in 2019 goes against him completely and he gets no points at all.
Colin_1705 wrote:Send off the appeal to DWP immediately.
But secondly ask the CAB for an appointment, and say you want the point meant with e PIP expert.
Thanks

As above, apparently he is too late to ask for a reconsideration - it should have been done by the 24th June.

So it looks like he is stuck with what he gets now for the next two years. I am wondering if I should abandon the ATOS complaint as I don't want him to have to go through another assessment in a couple of months time.
Colin_1705 wrote:Also make sure that you have both claimed winter fuel allowance now
Thanks

We get it automatically because we claim Guaranteed Pension Credit