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DLA to PIP and now PIP stopped

Posted , 6 users are following.

tim42243
tim42243

I have been receiving DLA since I was 11 and I am now 24 and they were moving me from DLA to PIP and decided I didn't fit the criteria anymore. I was on the lower rate for mobility and middle rate for care. It was for ADHD and Aspbergers.

I am obviously going to appeal but I was wondering what my chances of success are?

Many things mentioned in the decision letter are fake news in that the assessor claimed I took Ritalin to control my anxiety which is untrue its to control concentration and hyperactivity. He also claimed I didn't have eye contact problems when he mentioned in the interview that I did. Also there are many other things which I would dispute. 

0 likes, 12 replies

12 Replies

  • denise15811
    denise15811 tim42243

    Posted

    Hi, I'm sorry to hear this! This happens to a lot of people. You have 28 days to ask for a mandatory reconsideration (mr) 80% of MR decisions remain the same so expect to have to take it to Tribunal. You could also make a complaint about the assessment provider at the same time you ask for the MR. 65% of Tribunals are successful for those who appear so there's more chance at Tribunal. Did you send in evidence to support your claim? It's important that you do this for the MR or send more in if possible. Put the MR in writing so you have proof it's done. Good luck!!

  • sukes
    sukes tim42243

    Posted

    Hi Tim,

    I'm sorry to hear the decision was not what you hoped for, so stressful for you.   Follow the advice given by Denise, she knows the procedure and hopefully eventually it will change in your favour.  Let us know how you get on and any further question please just ask. 

  • julie_48916
    julie_48916 tim42243

    Posted

    Yes I agree with Denise. Put in an MR and complaint. But be prepared to go to tribunal. Have as much evidence as you can to send with your MR. Gather any more evidence and this can be sent to the courts if they accept your appeal. Which the courts are happy to accept. Good luck. XxX
  • tim42243
    tim42243

    Posted

    I did send in evidence yes and they came round to asses although they came round twice for some reason. The second guy I don't think knew what he was talking about to be honest.

    Someone I know runs somewhere that deals with claims that have been rejected and have quite a good rate of success so I might go and speak to them. 

    Someone else who has been though it says that they normally reject you the first time in the hope you won't appeal is this normally the case?

    • denise15811
      denise15811 tim42243

      Posted

      Yes, i agree getting some help with the MR and writing that letter. I see you already have a copy of the assessment report and that's good.

      I wouldn't say they normally reject someone the first time around but a lot do get refused, whether it's transfering from DLA or not. There are people who do have a decision in their favour but because they don't have any questions to ask we don't often hear the success stories. I had a decision in my favour the first time i applied and i was refused DLA. My assessment report on both occasions was 100% truthful too. Good luck!

    • denise15811
      denise15811 tim42243

      Posted

      If you claimed the severe disability premium then yes it would stop. If you're in the support group then the Enhanced disability premium will continue.

    • denise15811
      denise15811

      Posted

      The rest of your ESA will not be affected.
  • Kett87
    Kett87 tim42243

    Posted

    Hi Tim 42243 you hear a lot of this going on. But you need to Report it coz if you give false information you could get done for it all I can say is good luck. Listen to Denise 15811 coz she will help
  • tim42243
    tim42243

    Posted

    One thing they mentioned is that I take Ritalin for anxiety which is fake news as it doesn't treat anxiety (the side effects of the meds say it makes it worse) should I get conformation from Novartis that what CAPITA is saying is fake news?

    • denise15811
      denise15811 tim42243

      Posted

      Yes you could certainly get proof that is not what you take it for. I would definitely get help with writing that MR also. Don't forget you only have 28 days from the date of the decision. You could also write a diary and send that with the MR as this is evidence too.

  • sarah87162
    sarah87162 tim42243

    Posted

    Get in touch with your local Citizens Advice Bureau. They may be able to put you in touch with a local Welfare Rights Officer who will represent you if you have to go before the board.

    Let me know how you get on and good luck.

    Sarah

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