Transfer from DLA to PIP: I have been... - Fibromyalgia Acti...

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Transfer from DLA to PIP

Mightysore profile image
13 Replies

I have been on DLA since 2004, and in 2009 I was granted a lifetime award. Back in 2004, I was awarded DLA as I had severe mental health problems, some of which had been present since early childhood. I was given a lifetime award as the childhood issues were lifelong, and I had also suffered from severe depression for over 25 years and this has got worse as I have got older. All was fine until I received a letter in September advising me that my DLA was ending and if I wished, I could make a claim for PIP. As my mental health is no better, and in addition I now have a number of physical disabilities which greatly affect me on a daily basis, I decided to submit my claim for PIP. I had to return the form by 14th October, which I did, and I was called for my assessment on 9th November. Yesterday morning, I received the decision letter dated 10th December. I will be requesting a mandatory reconsideration, as I do not believe the award reflects the severity of my disabilities. However, I did notice something rather strange on the award letter. Namely, my PIP award does not start until 11th January 2017. Until thn, I will continue to receive DLA. My final payment of DLA is due on 3rd January, and my next payment, due on 1st February will be PIP. What has happened to PIP being awarded from the date of submission of the claim form? In my case, this would be 14th October, and I would have received an average of 55 days back money? It appears to me that DWP have yet again moved the goalposts, and those being transferred from DLA onto PIP are losing out. As far as I am concerned, it is yet another government scam, designed to hit the most vulnerable in society where it matters most - in their pockets! My 22 year old son, who has complex special needs and has been disabled since early childhood, transferred from DLA to PIP just under 2 years ago. He received over £1000 in back money, when he received his award letter, as the award was backdated to the day after his DLA stopped, a total of nearly 3 months! To say I am angry is putting it mildly! Before becoming disabled, I worked as a Nurse in the NHS for almost 30 years. I have paid my taxes in full, yet I am being penalised for not being able to work until retirement age. I feel as if I have been conned! I would be interested to hear if anyone else has had a similar experience been transferring from DLA to PIP.

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Mightysore profile image
Mightysore
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13 Replies
Rose54 profile image
Rose54

Hi

I am sorry if I am reading this wrong but firstly can I ask if you have been awared anything for PIP as if you have and ask for a mandatory decision their is the possibility you may lose what you have been awarded.

You say PIP awared starts on 11/1/17 and DLA stops on 3rd Jan so I can not see why you expected back pay .

You can not receive DLA and PIP together

New claims for PIP receive back pay not transferring from DLA to PIP

Also take into account that PIP is paid 4 weeks behind ,

Did your Son have to appeal as if so his DLA would have stopped at a given date and once appal was won PIP would have been backed dated .

Best Wishes

Rose

Mightysore profile image
Mightysore in reply to Rose54

I think you are reading it wrong! Yes, I have been awarded PIP. However, my assessment was most unsatisfactory and despite making a complaint about the health professional to both ATOS and DWP and asking for a re-assessment, DWP simply went ahead and made a decision anyway, without waiting for ATOS to address my complaint. My request for a re-assessment was refused, as the decision was made on 8th December, and is spite of being told a Case Manager would call me to discuss both my complaint and my request for re-assessment, I was not actually contacted for over 2 weeks, by which time the decision had been made.

I am deeply unhappy as I am now in the position of having to request a mandatory reconsideration, then if I remain dissatisfied, I will have to proceed to an appeal. All of which could have been avoided if the absolute b***h who did my assessment had done her job properly and prepared an accurate medical report. If ATOS and DWP do not get their act together, and address my complaint very soon, I will be reporting the nurse who assessed me to the Nursing and Midwifery Council for professional misconduct. It is not the first time I have done this, and the last time I did this the GMC upheld my complaint and the nurse had a 2 year supervision order placed on her. The whole experience is making me feel suicidal. I have already managed to get further medical evidence to submit to DWP, so hopefully I will be awarded what I should be without having to go to appeal.

Regarding my son, he has been on DLA since he was 7. When he turned 16, he had to apply for it in his own right. His award was significantly reduced and going to appeal did not change this. Result was that when he turned 20 our housing benefits stopped because he was not on the correct rate of DLA. With help from a welfare benefits advisor at our local law centre, we managed to get him transferred onto PIP which was at a higher rate than his DLA, so our housing benefit was reinstated. When my son transferred from DLA to PIP, he received a considerable amount of back money. He was paid PIP from the date he had to return the form by. In my case, my PIP does not start until 11th January. I maintain it should start from 14th October, which is the date that I was asked to return the claim form by. However, I have been told by DWP that I will continue on DLA for 4 weeks after the decision was made. This is not what happened to my son, and it appears to me that DWP have changed the rules so that they can do vulnerable claimants out of money.

Sorry for the length of my reply. I hope this makes things clearer for you.

Rose54 profile image
Rose54 in reply to Mightysore

Hi

Yes thank you for explaining further

I wish you best of luck getting the result you want

Rose

That is correct as rose 54 stated you need to get advice as you could loose your claim as well

Mightysore profile image
Mightysore in reply to

There is absolutely no chance whatsoever of me losing the PIP award I gave been given! I have made a complaint the day after my assessment to both ATOS and DWP about the health professional who carried out my assessment. Despite this, and also despite my requesting a re-assessment, DWP just went ahead and made a decision anyway. I was advised that a Case Manager from DWP would contact me within 24 hours to discuss my complaint and my request for re-assessment, this did not happen for over 2 weeks, despite several calls from me to DWP to ask why I had not yet been contacted. In fact, I was not contacted until the day after the decision had been made. My request for a re-assessment was refused on the grounds that the decision had been made.

I am deeply unhappy with this and will be making a further complaint about the service I have received from DWP. I have been advised to request a mandatory reconsideration, which s what I plan to do. I have already collected 3 further pieces of medical evidence in support of my request, so hopefully I will get the rate I should be getting without having to go to an appeal. In the event that I do have to go to appeal, I will have a written submission prepared by my welfare benefits adviser from my local law centre. This lady, who is also a qualified lawyer, will also represent me at any appeal hearing.

As regards my complaint about the health professional who carried out my assessment, if both ATOS and DWP do not get their act together soon and properly deal with my complaint, I will be reporting the nurse concerned to the Nursing and Midwifery Council for professional misconduct. It is not the first time I have done this. The last time, the NMC upheld my complaint, and the nurse concerned received a 2 year supervision order on her practice. I was a senior nurse with nearly 30 years experience in the NHS, before I became disabled. I sat on a Nursing Standards Committee for many years before I retired, and my own standards were impeccable as I am a complete perfectionist. I never tolerated sloppy nursing practice then, and I am not about to now! Of course, if the absolute b***h who carried out the assessment had done it properly and prepared an accurate medical report, then none of this would be happening and I would be getting the rates of PIP to which I am entitled!

It is my intention to teach her a lesson she will not forget in hurry, for the amount of undue stress she has caused me. I am well known for fighting to the death! No-one gets the better of me - ever! My body may be weak, but I have always been a very determined person, and I still have a good brain. Since I retired, I feel as if I have done nothing but complain, but I refuse to be trampled on, and I can be totally ruthless if I need to be.

Sorry for going on, but I hope this makes my position clearer to you. I have never taken anyone on and not won, because I get my facts right before I complain and do it though all the correct channels. Other people will give up long before I do. I guess that's why I got to the level in Nursing that I did!

I hope things go well for you and you seam to know what you are up against DWP love you to give up but keep going that all we can do I took them on and won

bluebell99 profile image
bluebell99

It sounds pretty complicted, glad you are getting professional help in dealing with this.

Hope it all goes well. Have you complained to your MP?

Kay

Mightysore profile image
Mightysore in reply to bluebell99

Thanks. I have not yet contacted my MP, as I prefer to go through the correct channels when making complaints, and ATOS/DWP are no exception to this rule, as they both have well documented Complaints procedures. If, after having gone this route, I remain dissatisfied, then I will contact my local MP for further help.

TheAuthor profile image
TheAuthor

Hi Mightysore

I want to sincerely wish you all the best of luck with your claim, and please take care of yourself.

All my hopes and dreams for you

Ken

Mightysore profile image
Mightysore in reply to TheAuthor

Thank-you.

Cmp1969 profile image
Cmp1969

I am just waiting to find out about my pip I sent the form in on the 9th of Dec in plenty of time I am also tranfer from DLA to PIP I am on life long DLA both high rate , I was told that the payment would be back dated but then got a letter to say that if warded pip payment will start a day after they stop dla with no back pay as I continue to get dla until pip starts , so would not be owed anything as dla is being payed until the day before pip starts that how they are doing it know .

Mightysore profile image
Mightysore in reply to Cmp1969

When transferring from DLA to PIP, your DLA will continue to be paid for 4 weeks after the date of the decision. I got this information from a Senior Manager at DWP Disability Benefits Centre in Blackpool. It is not a widely known fact, so if in doubt it is best to phone DWP and speak to a Manager. Then you have a good chance of getting the correct information!

Miss13 profile image
Miss13

My son transform dla to pip because of turning 16 and he didn't get any back pay

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