At my wits end with the dwp.

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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.

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  • Posted

    My advice is to get your MP and GP involved which is exactly what I had to do 4 months ago. I have now been reinstated thank God and treated with more respect above all. It is seriously a nightmare dealing with the DWP. Added to what we are dealing with already. The DWP actually apologised verbally and by letter. Wishing you the best of luck
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  • Posted

    Hi sorry i cant advice you but just wanted to say  im so sorry and angry for you and your hubby. This is the way they treat previously hard workers through no fault of their own find themselfes incapable of work, genuine case, its appauling it really is. i

    Its storys like this that make my blood boil. No wonder your at the end of your tether!

    Sue 

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    • Posted

      Thankyou Susan. It's hard to believe that you support yourself and your family and don't ask for anything then when you do need a bit help they shut the door in your face. I've never been so unsure of what to do x
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  • Posted

    I can feel for you. I've paid an enormous amount of tax and NIC in my working life and now that we are both retired (she 72 me 67) I had hoped for some peace and a reasonable weekly income. With the loss of my DLA, which then caused the loss of my Pension Credit which then caused the loss of all of my Council Tax Support we are now £266 a week down on our income.

    That's the equivalent of my State Pension of £198 a week and my wife's of £62 a week being stopped permanently.  

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    • Posted

      That's absolutely awful. How do these people expect you to live on what you get? I hope you're appealing against your decision. Why shouldn't we get some help when needed? We haven't sat on our backsides expecting everybody else to keep us. We are now in debt because of all this just trying not to lose our home. It devastates so many families. X
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    • Posted

      Thanks, from what I have been told by the DWP - there are no appeal rights when they make the decision to cancel the DLA award for the reason they did. It is much the same as when they require you to send in information within 30 days failing which the benefit award will be terminated, if you miss that deadline and the award is cancelled there are no appeal rights to get it re-opened.

      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.  

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    • Posted

      Wow that's un believable. It's gets me so angry. The people making these decisions don't have to worry as they have their wage every month. Let's just hope they never have to rely on the dwp for help because they'll be screwed. I hope your situation improves somehow x
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    • Posted

      Somehow it seems to happen that when an MP claims a benefit (DLA/PIP) in particular, it glides through the system without any problem and the award made just happens to be always acceptable to the claimant.. Although I don't know for certain, but I doubt very much that they will be called for a grilling at a face to face assessment!
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    • Posted

      I also wonder how many MP's/Lords or Ladies who were/are in receipt of DLA have had a smooth transition to PIP without any drama, no face to face assessment etc?

      I also wonder how many have NOT applied or can't see themselves coping with an application for the transition? 

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  • Posted

    Hi choochie70,

    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.

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  • Posted

    Hi Choochie

    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?

     

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    • Posted

      I was only getting g the daily living component. Believe it or not I scored 0 points for my assessment. I have suffered with depression on n off for many years and just about had it under control but since all this it's reared it's ugly head again. Suffering bad anxiety attacks n hardlyany sleep. My husband went with me as I can't get there under my own steam. X
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    • Posted

      Sorry misread the last part. I don't go out on my own as I need someone to drive me as I can't walk far.
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    • Posted

      Hi Choochie

       

      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.

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    • Posted

      I actually claimed esa and pip because of my mobility issues due to arthritis. My mental health wasn't really am issue then. It's only now with all the stress of having them refused that it's become an issue again. I don't understand how they can give me them both to start with then even though my condition has deteriorated they refuse after assessment. I have Cab on Wednesday so fingers crossed x
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    • Posted

      I am reeling too today as my PIPS has been refused after shoulder surgery which means I cannot drive, cannot cut up my meat, need help dressing etc ! When I was awarded back in May for two years on the enhanced rate for PIPS. The reason I had a reassessment is due to notifying them of my surgery which means things have been harder the ironic thing is that I have been put in the support group from ESA when they refused me two days after surgery due to the assessment they did back in August a month before surgery last year. As they have given me 7 points for the PIPS I am wondering if I have any hope of getting reinstated. I have had Fibromyalgia for 8 years and a frozen shoulder for 4 years and have two sons to look after. I am really upset that this has happened . Any advice very welcome
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    • Posted

      Hi no wonder your reeling, i would be too. So things have gotten harder yet they refused you PIP! rolleyes Fibromyalgis for 8 years too, what on earth is going on hear, im going before i swear, had enough of reading how most of us being treated hear. You must appeal and appeal. Hope someone can advice you further

      Sue x

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    • Posted

      I showed the young female assessor all the relevant paperwork. My thoughts are that she was unprofessional and certainly never even mentioned that I was in a sling when she came and my GP sent through an email that morning saying I had had a set back and was still having to take painkillers. I said I could give her a copy of it to which she said she did not need it. I am going to be ringing the resolution Manager tomorrow and talk to my MP..I am beginning to strongly feel the DWP needs seriously reviewing it is an utter muddle and is causing so much distress to people who so do not deserve this treatment. I wonder if anyone has ever taken them to court and won??????? If they are saying the benefit stops on the 28th Jan when my pay out should have been this Wed 3/2/16 do you know if I will be paid up to then? Also will the PIPS decision mean that my ESA is stopped too?????
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    • Posted

      Hi Sue thanks for your kind message. At least we can all share all our totally unfair and horrific dealings with the DWP on here. I was reinstated my ESA back in October after I got my MP GP and surgeon involved. I thought it was all over when I was told I was in the support group which meant £125 per week due to being on the PIPS enhanced rate. Now I have been left in limbo they have contradicted themselves and my biggest worry is that this could affect my ESA. I think it is high time someone spoke out on Breakfast TV about this nightmare regime we are all having to put up with. The young assessor never mentioned I had a sling on was in immense pain when she saw me. I shall be ringing the resolution Manager first thing tomorrow
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    • Posted

      Why do people concern themselves with what diagnosis you have, whether you have a sling on or are in pain. None of that actually matters when it comes to a PIP assessment/decision. It is all down to what boxes you fit into and at what level.

      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.

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    • Posted

      In fairness to Poll she has explained she suffers with a frozen shoulder and has recently had surgery. Therefore, there is good reason for the sling and severe pain and it wouldn't be unreasonable for that to have been noted in her report by the assessor.

      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.

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    • Posted

      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 the task.

      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. 

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    • Posted

      Pressed the button by mistake!!!

      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.

       

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    • Posted

      Hi meant to of sent this in reply, so many replys on hear sent to wrong person so hear it is again lol

      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. 

       

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    • Posted

      At 67 like me (68 in June) I realised that when you really down to it, PIP is extremely difficult to get. Not just that but like you, I thought and thought about it - could I actually cope with the constant re-asserssment process (assuming I got it in the first place). Reclaiming every few years, risking it being taken away, and then having to go to a Tribunal for all of it to start again.No, I just don't have the capacity to do that.

      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.

        

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