At my wits end with the dwp.
Posted , 6 users are following.
can anybody help me as i dont know which way to turn. i had been waiting 14 months for an ESA assesment to be put into a group. i have arthritus and need a new knee which they wont do yet because im only 46. ive had one operation but its just deteriorating. i cant walk more than 150m and thats with a crutch. i had to give up my job which i loved because of this. i failed my assessment and i was fuming as they had blatantly lied and missed out vital info. i did what i had to do for a mandatory reconsideration but they wouldnt change their mind so ive had to appeal. then only last week i was failed my PIP medical and the same reason again lies and missed info. ive lost 500 pounds a month and my husband isnt on a great wage. we were just about keeping ourselves afloat before i lost PIP. after we pay the mortgage and other bills theres no money for food. how can they say im fit for work when i cant even walk to the bus stop to get to the job centre. im now back on anti depressants and having panic attacks and hardly any sleep because of the stress. sorry to ramble but im at the end of my tether.
0 likes, 56 replies
pollmadoll64 choochie70
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susan556 choochie70
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Its storys like this that make my blood boil. No wonder your at the end of your tether!
Sue
choochie70 susan556
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les59996 choochie70
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That's the equivalent of my State Pension of £198 a week and my wife's of £62 a week being stopped permanently.
choochie70 les59996
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les59996 choochie70
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In my case the only option forward was to claim Attendance Allowance. However that benefit is on hold awaiting the final proposals by the government to close it down to all new claimants.
choochie70 les59996
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les59996 choochie70
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les59996 choochie70
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I also wonder how many have NOT applied or can't see themselves coping with an application for the transition?
choochie70 les59996
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mike09523 choochie70
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I don't have any words of wisdom regarding your benefits, but, with regard to your finances. Have you contacted your mortgage company to ask for a mortgage holiday? If you are struggling to pay the mortgage but have been a regular payer up to now they may suspend payments for 3-6 months, that would help temporally. Go to the CAB and talk over your debts and they will sort out a reasonable budget between you and your debtors. Don't be afraid to ask for help as your situation is not your "fault", you may be pleasantly surprised at what can be achieved if you ask for help and understanding.
Best wishes, mike.
anthony97723 choochie70
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From what you have said I would assume you have fallen foul of the PIP discriptors. If you have told the assessor you can walk 150 meters with an aid (a crutch) then you will score only 4 points. To claim standard mobility you need to score at least 8 points which you get if tick the box "Can stand and then move unaided more than 20 metres but no more than 50 metres."
Did you claim daily living? If so how did you score. Also do you suffer with any Mental Illness such as depression which might require someone to travel with you when you venture out?
choochie70 anthony97723
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choochie70
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anthony97723 choochie70
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Thanks for the reply. Unfortunately, Mental Health suffers seem to have been a particular target under welfare reform.
Have you asked for a Mandatory Reconsideration? That is the first stage in the appeal process.
When claiming PIP/ESA for depression and anxiety you have basically show that it is affecting you daily. By that I mean you need ‘prompting’ to wash, take medication, dress, prepare meals, eat and look after your finances.
If you have told them things are “under control” the assessor could take that as you don’t need daily assistance any longer. A lot of claimant make the mistake of thinking that because they have a diagnosis that is enough.
However, it doesn’t work that way. The general rule is the condition is ‘severe’ and you require help with personal care or mobility (in PIP). In ESA you have to show that your condition gives you limited capacity for work.
Depression can be severe and can qualify claimants for both ESA/PIP. I don’t know your individual circumstances but never tell an assessor that you have things under control.
If you are going to appeal, then you have to ask for a MR within 30 days starting from the date on the letter informing you of the DWP’s decision. In the MR you have to challenge the assessor’s conclusions with your own evidence.
If the MR fails (they generally do) you have to make an appeal to a Benefit’s Tribunal. Best to contact the Citizen’s Advice.
Generally, you can’t make a new claim for benefit within 6 months of the old one ending. The only exclusion is if your condition has significantly got worse. You would need evidence for this from your Doctor.
choochie70 anthony97723
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anthony97723 choochie70
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pollmadoll64 choochie70
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susan556 pollmadoll64
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Sue x
anthony97723 pollmadoll64
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pollmadoll64 anthony97723
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pollmadoll64 susan556
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les59996 pollmadoll64
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It has been known for people to put two hearing aids in, strap themselves up in a sling. Unless there is good medical evidence that proves how and why having hearing aids (you could buy two secondhand ones off Ebay) and a sling make you fit the relevant boxes.
I actually have two hearing aids (after assessment by the hospital for poor hearing) but can I prove that because of them I have care/mobility needs/issues - no I can't. Using them improves my hearing so with them I am no longer deaf.
What I am trying to say is that you have to go back to the descriptors, see which ones you fit then get evidence for them as well as evidence on why you need them and then having them have evidence that would show that you still continue to have difficulties.
anthony97723 les59996
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That said I do agree with you that you can't beat the system and is not going away. I also agree fully with you about the descriptors and matching evidence.
For example, Poll could reasonably state she can't prepare and cook a simple meal safely due to arm being in a sling due to the frozen shoulder. She also suffers with Fibromyalgia which could cause problems with her 'good' arm. Of course the evidence would have to back this up and the assessor would be looking for evidence of a severe condition.
You give a good example with hearing aids but using aids can also score you points. If a claimant states, they cannot wash themselves then it wouldn’t be unreasonable for the assessor to see a wet room or disabled shower.
Medication can be a positive and also a negative. Painkillers on the face of it would seem to be a points scorer, but they can count against you if you claim you can’t do something due to pain, but take painkillers. The logic has to be if the painkillers leave you pain free then you should be able to do the task.
les59996 anthony97723
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Pain killers would be seen as being something that a GP would give depending on the level of pain.It is most unlikely that claiming that the level of pain is such that it stops the claimant from carrying out an action if low to medium level medication has been prescribed. When we start talking about large doses of say Morphine every day being taken then the pain must be significant. As you say pain medication can be a good thing and a bad thing for PIP purposes.
Personally I am prescribed up to 100mg of Morphine every 12 hours every day, every week. on top of that I am also prescribed Oramorph as a break through. Additionally I am prescribed Gabapentin daily. I also have a tens machine strapped to me every day.
The medication is a lifesaver and without it I would not be able to function at all However with it I am well able to do almost everything asked of me.
You are assessed on a normal day which actually means how you can carry out the PIP tasks after taking all of your prescribed medication.
Trying to argue with the DWP that they should be looking at what you can/can't do IF you DON'T take your medication is ridiculous.
As for claiming side effects are a problem. Yes they are at the start but whe the drugs have been in your body for a few months those disappear. If they remain then you should be seeing your GP to change the medication, not try to claim PIP instead!
Going back to the hearing aids,if they, and they should, improve your hearing to such an extent that the disability is reduced considerably, then you cannot claim for that disability - only the fact that you use aids.
les59996 anthony97723
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Hence because of my disabilities which gave me DLA (High Mobility/Middle Care using the criteria that existed would now not give me any more than 4 points under PIP. Consequently I decided against moving over from DLA to PIP (well the DWP forced it on me) as I would have wasted my time and theirs.
susan556 pollmadoll64
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You know what, all i can say is with what all of you are having to deal with hear i wont stand a hope of getting PIP. they have worked it out so well its near enough impossible to get it regardless of how bad you feel, how restricted you are, or how deperessed you are.
Yes its about time this whole subject was on the norning show with some of the cases being shown and interviewed as well.
As hubby says, when we lose our DLA and we are both on borrowed time now its just not worth us trying to claim PIP. Dont think either of us could cope with the stress. He says he will some how have to go back to work at the age of 67, yeh right with arthiritis back as a painter and decorater, in his dreams! We will just
have to manage on state pension wont we.
les59996 susan556
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With a heavy heart I allowed the DWP to take my DLA away as I had not followed their instructions (so they say) to claim PIP.
What is done is done, at least it is one less worry. I had hoped to claim Attendance Allowance (for those over 65) but that is being shut down soon by the government with the money being handed to the councils instead to support their Social Services.
Now the over 65's will have no financial help to pay for the little things that a disabled person needs.
Unless that is you are requiring care in your home given by Social Services. Even then you have to pass their assessment as only the most severe of cases of the elderly at home are being catered for - plus you may well have to contribute as well out of what you are getting in income!!
What a way to run a civilised country in the 21st century.