DLA renewal & ATOS assessment.

[Boromoor]

As most people know, between this year (2013) and 2016, DLA for people of working age, is being replaced with the "Personal Independence Payment" (PIP) and assessments will be carried out by ATOS.

I recently had to re-apply for DLA as my award is due to end in March this year. When I received the decision letter a couple of days ago, I was a bit surprised to see that my award was only for two years instead of the usual three years. When I read the letter again I discovered that, although I will still be receiving DLA not PIP, they haven't bothered to contact my doctor, instead they have based their decision on my recent ESA examination, carried out by ATOS; apparently, it is uncertain how much help I will need after March 2015.

Should I be pleased that they're reviewing my needs regularly to make sure I get sufficient help. Should I be worried that they're hoping to end my award completely after two years; or should I be happy because my FM will be cured?!

[Lima6MCT]

If you gave details about your GP eg put him/her down as a reference for a medical report & they haven't contacted them then you could ask to have the award reconsidered on the grounds that they haven't taken this into consideration.

There was mention of DWP using ESA assessments as a basis for DLA awards at a recent Work & Pensions Select Committee meeting on 21 January 2012:

Hansard shows that Question 48 of the meeting raised this:

"Minister, you were very clear that ESA, the WCA and the PIP assessment, in your own words, were two very different assessments with two very different purposes. Can you, then, give us an assurance that, in terms of the initial PIP assessment, perhaps when they are deciding whether people should or should not be eligible, that one will not be used in the other, because at the moment there are people who are having their application for DLA turned down, the decision for which has been influenced by a WCA. . ."

The reply came from one of the Minister's minions:

". . . there may be evidence from one assessment that could indicate either an increase or a decrease in needs for someone’s entitlement to DLA currently or in the future." . . . "But I think your point is a well made one; we should not simply be routinely taking the outcome of a WCA and then applying it willy nilly either to a DLA assessment or, in future, to a PIP assessment."

One of the committee members then said "It might perhaps be useful if we had more information on the degree to which that does already happen in the DLA, because certainly advisers in my area have reported that that has happened on numerous occasions."

May I suggest that you write to your MP about the fact that they have used your ESA assessment as the basis for your DLA award and perhaps reference the above meeting. You can find out who your MP on the theyworkforyou.com website. Dame Anne Begg MP who is Chair of the Work & Pensions Select Committee would most likely be interested about your experience too.

[Hidden]

Personally I would leave well alone who knows if you challenge the decision you may get a decision the opposite way ..... My reveiw is supposed to be up June this year and I am waiting the form any day now... I know I need more than just low rate care but I take what I get cos I see on here so many people turned down but if you do challenge it good luck

VG xxx

[Boromoor]

Thank you, I didn't think they should have used the ESA report but wasn't sure.

[linlit]

had my dla stopped on the back of my esa assesment got it back after reconsiderationat a higher rate they gave me esa back wrag group which i appeald for support group and won at my tribunral the doctor on panel cmmented on my dla being stopped because of esa assesment that they werent allowed to do this his words dwp are very naughty