2nd 'Independent' review into PIP

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A call for evidence will shortly be announced for the 2nd review into PIP.

Given the quantity of complaints/comments that were sent in for the 1st review, the government said that they werre going to do a lot but it just didn't filter through to the DWP and the assessors!!

Given the governments comments they seem to be leaning towards making it the responsibility of the claimant to seek and submit evidence in support of their claim. The actual PIP legislation stipulates that both the assessors AND the DWP have that responsibility. Perhaps it is another way of putting the blame on the claimants as to why positive appeal decisions are running at the height they are. At the moment the DWP are being blamed for not gathering any and all evidence - leaving the claimant to do the work when it gets to the Tribunal. 

In my opinion another good idea to hold a 2nd review but a guaranteed whitewash will be the end result.

 

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14 Replies

  • Posted

    Just noticed this comment on another forum - 

    '........MR... it says that I didn't provide enough medical evidence. My doctor is going to print off all of my medical history (and theres plenty) for the last 16 years,which I am going to take to the tribunal....'

    A prime example of the assessor and the DWP not doing what the government said what they should be doing after the 1st review.

     

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  • Posted

    Will any of this evidence make any difference. I found all the evidence both medical reports and reports on how my multiple conditions affect my care needs and lack of mobility that I submitted for my claim were completely ignored by assessor and DWP. The DWP made a decision based on a totally fabricated assessment. I was able to prove their reports were flawed and they lapsed my appeal in my favour. Sadly in my case their actions have caused lasting damage to my health. I received a apology from ATOS I will not let it end at that.
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  • Posted

    Hi les59996,

    I wonder what is going to be classed as evidence. As far as I am aware the dwp do not want appointment letters for specialist or scans, but quite often that's the only evidence you get. I have had countless conversations with my neurologist and his team over the past 5 years but they don't then supply any written evidence of the decisions made. With long term disabilities the only follow up is 6-12 monthly monitoring (for example), again with no written evidence to show for it. As specialists and other medical professionals can command a fee of about £50 per letter where will this money come from. In my own case I think about 7 letters will be required, at least, £350 is a lot of money by any standard but once again the guilty until you can prove (pay) your innocent , comes into play.

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    • Posted

      Hi Mike

      Telephone your Health Board and ask for access to your medical records. They usually charge a search fee of £10 plus 10p per any copies required.

      In your records there will be a record of any meetings with consultants etc. which you can get copied and use as medical evidence.

      Your GP will also do a report or letter. Some charge, some don't but the average charge is £15-20.

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    • Posted

      Hi Anthony,

      That is what the government are hoping that you will do. At the present time the ultimate responsibility to collect evidence when you put your initial claim in is that if you don't have it to hand and have to pay for it is down to the assessor/DWP to get.

      Obviously the onus then changes if you are appealing - then yes it is the claimant's responsibility.

       

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    • Posted

      Les I have noticed when the DWP issue an ESA50 for example that they state you should only send any evidence you have at hand and make further reference to not paying to gain more.

      It is up to the individual of course but I'm always wary of any advice from the DWP. For the sake of £10 I would advise anyone appealing or applying for disability benefit to do just that and get access to your medical records which in my case held some right gems.

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    • Posted

      I agree, but it shouldn't be like that.

      After my first ESA assessment I too took it upon myself to fight the blighters. After contacting all of the hospitals that dealt with me - 4 in the county, 2 in London and 1 in Liverpool as well as my GP I eventually had a stack of paperwork which must have been all of 20" high at a cost of well over £350!!!

      With that lot I proved that the assessors report was a complete fabrication of the truth. I was put in the Support Group for 3 years - previously I was awarded 0 points!

      I did the same exercise with the further ESA & DLA reviews as well as the IIDB reviews. 

      Not only was it a draining exercise with face to face assessments for one benefit or another happening every 6/9 months for the past 7 years it started to drain my financial resources.

      I would add that since my first claim for a benefit in 1995, I have always had a face to face assessment.

      People knowing just what I endured above since 2009 may understand why the DLA/PIP conversion was the straw that broke the camel's back.

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    • Posted

      This is going to be very unhelpful to those who cannot even physically or mentally fill in their claim forms without help.  Many vulnerable applicants will just not feel able to face all the gathering of evidence themselves let alone be able to afford to pay for it!  A very sorry situation but that is exactly why the DWP are doing this - to save money!  Murderers in my eyes - I can see many giving up on their applications and their lives!
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    • Posted

      Exactly!! Of course everything that the DWP do has it's origin in saving money. It has nothing to do with giving the claimant a good service.

      As it currently stands, once you get beyond the decision notice, anything you do has the onus of proof put onto the claimant. The DWP have done their bit and if you don't like what you are told, then you are responsible for gathering the proof and evidence.

      Getting to the decision being made, the onus is upon the DWP to show that on the balance of probabilities you either get an award or not. They are required by the regulations to gather evidence via the assessors to make sure that the decision is right first time. They short circuit that by relying on the assessors report as that in their eyes is best evidence.

      What they are looking to do is have the claimant collect ALL of the evidence before the claim from is submitted. Thus the DWP or the assessors cannot be held responsible for poor or bad decisions. It will be down to the claimant to prove their claim.

      If that costs money so be it - you want the government to hand over a weekly/monthly wad of cash then it's up to the claimant to show the DWP why you should get it - that's their way of thinking!!

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    • Posted

      As for giving up - there are more people than you can imagine that are actually doing that right now. I'm one of them.

      Just couldn't face continuous re-assessments for PIP and each time having to get the evidence together at my expense, and generally having to prepare an appeal/argue an appeal on a bi annual basis at a Tribunal.

      I'm too old & too tired. i'm 2 years off 70!! 

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  • Posted

    Hi les59996,

    How long before we have parasite firms advertising their help to assist us with our claims, for a small fee of course.

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    • Posted

      It already happens!!!! 

      It's America all over again. They have an industry of no win/no fee claims for Welfare.

      There are four companies that already operate in London that I know of that take 25% of any award as their fee.

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