DLA to PIP

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Please help. I have been on DLA for six years due to a neurological problem muscle spasms and severe pain etc in turn resulting in extreme anxiety. I went to CAB to get help to fill out form to transfer DLA to PIP Next thing I know is a letter saying as I didn't attend my assessment my DLA has stopped and not in titled ti PIP. I asked for reconsideration as never received any information of this date and was told to wait 5 days this went on for a month . I went back to CAB they wrote and complained as they stopped my DLA and I live in a village with no bus route and could not attend hospital visits have so far missed 7.

DWP finally got back and said in so many words that it's my fault for not receiving letter.

i now have to appeal but in the mean time I still can't afford to get to hospital. 

My health is rapidly going down hill and I am struggling to know what to do.

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12 Replies

  • Posted

    Dear Andrea sorry to hear u have lost DLA I think they need to look how there are treating people on DLA OR PIP some are getting people who are so bad doing there job. The way they talk to u and treat u like something they have stepped in or they think they are paying u out of they own money. Touch wood I got a padamedic and he was brilliant he new what was going on and where not to touch he just had a chat about simtims of my back. I have a 30.000 stimulater fitted and now I no I will not work again it as only 16 year for me to give in coz I was to proud to claim sick .
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    • Posted

      Thank you yes I agree it's hard enough admitting to these things in the first place there whole way of treating people is disgusting the first thing I was asked is do I have six months to live. I think if I did or if I was family dealing with a near death situation this is awful. I was having mouth spasms on one occasion and the women was so rude I had to hang up in tears. 

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    • Posted

      Iam sorry to hear that but I would get in touch with someone so u can report it and tell them how they made u feel it's hard feelings that no 1 to go to and compane. I am just waiting to hear from them I was 4 points off top end of mobility coz of nerve damage feels like I am walking on glass 24 /7 hope u are OK and get things sorted

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  • Posted

    Andrea you can go through the appeal system if you like but the likelihood is you will lose as the DWP hold all the cards.

    My advice would be to make a fresh application for PIP (TODAY) its far better to do that now than go through months of appeals processes just to do the same thing then.

    It will take some time to process the application but if successful your money will be back dated.

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    • Posted

      Thank thank you so much you have been so helpful. It's so lovely to actually find some help. It really gives me a boost. Thank you.

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    • Posted

      Also make sure you send your forms/letters etc via recorded delivery so you have proof they received it, also send all your medical letters reports in with it so they don't start asking for it half way down the decision making (copies of course)

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  • Posted

    Yes, defi Italy start a new claim for pip. And you should ask for patient transport for your hospital appointments so you don't miss them. 

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  • Posted

    As Anthony says, the DWP hold all the Ace cards.

    There is a regulation that states that anything that is said to have been sent by the DWP will be treated as delivered no later than 48 hours later. They are not required to prove anything. Their word is law.

    If you didn't receive it, then the advice from the DWP is to take it up with the Post Office and not them.

    I had a very similar situation earlier this year. I have always believed that post will be delivered subject to the correct stamp being used.

    I sent two letters to the DWP requesting a PIP1 form instead of starting the DLA to PIP transfer off over the phone. Not having received this form I telephoned them. Their answer was that they had no trace of either letter - and as it was too late now to start the transfer the offer of PIP was withdrawn permanently (as I am over 65) and my DLA will cease immediately as I had not filled in the PIP1 form within the 30 day period.

    I couldn't prove that these letters were posted - I relied on the same argument that the DWP use - WRONG!!!

    So take a tip from me - send everything and anything by recorded delivery to the DWP - if you can't prove it was sent their argument is that you never posted it!

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    • Posted

      I've found the DWP post takes far longer than 48 hours.  I received a text saying my PIP2 form had been posted and 14 days later I received the form.  This seems to be quite a common occurrence so I was quite surprised to learn that there is regulation that states post is treated as being delivered 48 hours later.

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    • Posted

      It really doesn't matter how long they take for you to receive a communication from the DWP. Rules & regulations say that if there was ever an argument with a claimant putting up the excuse that it wasn't delivered in time or it never arrived, the DWP can rely on the fact that the law states that a letter once posted by them it will be treated as being delivered within 48 hours. As to when or if it arrives is here nor there.

      ?I once had a row with them over a decision letter not being received and as such I could not put in an appeal. The DWP argued that it had been sent so I must have received it.

      ?I took the case to the Tribunal where I lost - the DWP produced to the court a copy of their file cover which indicated that the notice had been sent out.

      ?Consequently no appeal could be made as it was over the 13 month deadline by the time the court hearing had taken place.

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