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Carers UK Forum • need advice asap! dla to pip nightmare !
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need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 7:35 pm
by Josie_1501
I cant find any info anywhere and i have spent hours and hours looking but someone must knoe, ill start by saying this is about my sister and although i do care for her i am our mums full time carer so this doesnt affect myself finacially incase that causes any kind of conusion:
Without actually going into what is wrong with my sister since we would be here all day, My sister claim from dla to pip has been turned down, (she had a home visit medical in November which myself and her support worker attended) her social worker psychologist and everyone on her mental health team are dealing with the request for mandatory reconsideration however, the only reason we know its been refused is because she received an income support letter informing that her money will go down from 150.30 to 57.35 ( she get single rate IS under 25, disability premium and sever disability premium ad will now only get the single rate) so we phoned and they said its because her claim from pip had been refused, which the letter had been sent on the 28thof January and still hasn't come! We found this out on Friday, and were told the letter should come by Monday (yesterday) so we phoned today and after much persuasion they have agreed to send out another letter. We cant do the mandatory reconsideration until the letter arrives!
From what we can gather we just didn't have enough supporting evidence at the original claim, the supporting evidence her head care coordinator provided was pathetic (she wrote three lines!) We had no idea she had done that and for some reason my sisters psychologist wasn't even aware she was going through a pip claim (again thanks to the head care coordinator) and unfortunately a letter from him would have more or less been enough in the original claim (he is one of the top in the country)
We are really confident the evidence he will provide (that sadly should have been provided in the first place) plus everything extra we are gathering from GP, a local pip expert from another mental health team, and things like copies of her original claim form and a copy of the medical assessment to go over the decision will go from a no to a yes.
She scored 5 for care and 4 for mobility. We did the self assessment test online and even if judged harshly she should have scored 12 care and 10 mobility.
They said her last dla payment will be 24th feb.
My main question here is will my sister be expected to live off this measley 57.35 a week plus housing benefit, until they make their decision or will her money remain the same rate of dla and IS until a final decision is made ?
Because if things weren't bad enough already, she had a 2 month eviction notice the 3rd jan under section 21. We finally found somewhere someone would take her on dss about a week before finding out her money is being sliced in half and this pathetic amount of money wont even leave her with 10 a week for food after rent and bills. And she's terrified abut moving in somewhere new she wont even be able to afford if this is the case. But then again its this or be homeless.
The distress this has caused my sister is severely overwhelming she has seriously hurt herself and is threatening to end her life i dont know how they could do this to someone. Its will sound funny but the ironically the medical seemed like it went so well! The lady was very sympathetic towards my sister who barely spoke was shaking violently , left the roomto be sick, and never looked up at her once.

Re: need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 8:00 pm
by bowlingbun
The first thing to do is to write to the DWP, recorded delivery (so they can't say they didn't receive it) and ask for a copy of the medical report. Then go through it really carefully and highlight everything which isn't correct. Then take it to the consultant and anyone else you feel should see it, and discuss the inaccuracies with them, and appeal. If there is a specialist benefits advice service near you, ask them for help, and/or the Carers UK helpline. I had a nightmare experience when doing my DLA Mobility Claim, the medical report was not an accurate report in so many ways. Tell your sister it WILL get sorted if you genuinely believe she is eligible.

Re: need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 8:07 pm
by Josie_1501
Thanks but Sorry the issue here isnt whether or not it will get sorted because we know 100% theyre wrong and she is entitled and we are and will do everything we can to get the correct decision the issue here is,
Once we can process the mandatory reconsideration will her dla continue until tge make a decision or is she going to be expected to live off 57.35 a week plus her housing benefit? Because as i stated above this woukd only leave her with less then 10 a week for food after rent and bills are paid?

Re: need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 9:03 pm
by bowlingbun
Sorry, I can't answer that one. The DWP should be able to tell you when the DLA is due to end and the changeover take place. I haven't been through this process for my son yet, maybe there is someone else here who has been through it, with more information.

Re: need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 9:49 pm
by rosemary
fact sheet from CarersUK below, but as suggested above, best to phone the advice line.
http://www.carersuk.org/files/helpandad ... ayment.pdf

advice line details on this link
http://www.carersuk.org/help-and-advice/talk-to-us

This is also a good guide
http://www.newcastle.gov.uk/sites/drupa ... cision.pdf

Vital you receive the decision letter as -

Your ‘mandatory reconsideration’ request has to arrive within one month of the date of the decision

My understanding is her DLA will stop on the date they said, and she will need live on money from the other benefits she has coming in, until such time you receive a decision about the mandatory reconsideration. This will be even longer if you end up going to appeal.

I cannot stress how important it is to seek professional help with this.

x

Re: need advice asap! dla to pip nightmare !

Posted: Tue Feb 10, 2015 10:38 pm
by Josie_1501
So she will seriously be expected to live off 10 a week for food and everything else after rent and bills for h8wever long they decide to take ?! How can they do that to her. Makes me feel sick.
We have got professional to help deal with reconsideration thanks. Does it normally takes a while for the mandatory reconsideration decision? Thankfully we are pretty confident it wont get to an tribunal appeals stage since we think we can do and give enough for the decision maker to make the correct decision

Re: need advice asap! dla to pip nightmare !

Posted: Sat Feb 14, 2015 2:15 pm
by Petal
hi there, I put in a reconsideration letter for my OH for PIP claim, and after not hearing anything I rang DWP and was told there is a backlog with decisionmakers of 9 weeks which now will take us into April, and this is from an original claim made back in October... As regards Income support surely there is a minimum rate your sister is entitled to for living, and could she not claim housing benefit from the local authourity to pay her rent and council tax? also if she is within a bedroom tax cap check if she can get a discretionary housing payment to top up her rent payment if Housing benefit doesn't cover all the rent. you have to apply seperately for it and the councils don't openly tell people it is available but worth checking their website for details. Hope this helps alittle. The council have a duty of care if your sister would be homeless and their responsibility then. Good luck

Re: need advice asap! dla to pip nightmare !

Posted: Sat Feb 28, 2015 4:06 pm
by caravanj
This whole subject makes me so angry! I tempted to suggest that if the PIP assessor determines that a person doesn't need care then the carer should stop caring on the basis that care isn't needed. The NHS / State would then have to pick up the pieces with a good old hospital admission & bed-blocking stint.
Let's see how long that would take for the whole welfare system / NHS to crash.

Re: need advice asap! dla to pip nightmare !

Posted: Sat Feb 28, 2015 4:18 pm
by caravanj
Josie_1501 wrote:My sister claim from dla to pip has been turned down, (she had a home visit medical in November which myself and her support worker attended) her social worker psychologist and everyone on her mental health team are dealing with the request for mandatory reconsideration.
She scored 5 for care and 4 for mobility. We did the self assessment test online and even if judged harshly she should have scored 12 care and 10 mobility.
That sounds a nightmare.

My wife's due her home visit PIP assessment in a couple of weeks & we've also done the Benefits & Work website's online self-assessment in which she scores quite highly, plus it's only 18 months since her DLA was awarded after she was examined by an ATOS doctor.

How did they rate your sister so low, what questions was she asked & what tasks did they get her to do?

Re: need advice asap! dla to pip nightmare !

Posted: Sat Feb 28, 2015 4:52 pm
by bowlingbun
Yesterday, I had a letter saying that M's income support was being transferred to ESA. Could I ring them, as they didn't have my phone number, but needed it to talk to me about what was happening. I rang them, ages and ages before they answered. Then they took my number and said "someone will ring me back within 3 hours. I said that wasn't good enough. They'd had all my contact details since M was 3 (he's now 36) and in all that time I'd never moved. Furthermore, I wasn't going to be in in 3 hours. It was unacceptable that they couldn't give me a phone number to ring that didn't involve going through the main menu system, they should have been able to give me a direct line number. I couldn't say when I'd be home next, it was really important we sorted it there and then. After making a few formal complaints I finally got through to someone sensible......as M was on highest DLA Care and Mobility, they could just transfer him straight across. No medicals, nothing. Why the **** couldn't they have looked at the file? As a parent, I said it was a complete and utter waste of my time, but worst of all, it was a total waste of taxpayers money, I await their written response with interest. So anyone else who gets a letter, if caree is on highest level of both DLA Care and Mobility, you can be transferred straight across. Apparently at this point, M won't be reassessed for PIP, but I mention this here as what affects one benefit will probably be of interest to the other. (If mods want to start a new thread instead, feel free!)