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
susan556 choochie70
Posted
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.
Sue
pollmadoll64 susan556
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pollmadoll64
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les59996 pollmadoll64
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Simply because you would have had two different ATOS assessors look at your case and two different case managers (decision makers).
It is quite common to have two totally different outcomes for the same problems - depends who reviews and assesses your claim and who actually decides it.
Each claim (first and any subsequent re-assessments) are treated as new claims with no reference being made as to what was decided last time around.
If they were to always agree, there woud be no point in doing regular re-assessments - you have to prove it every time with up to date evidence.
susan556 les59996
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susan556 les59996
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susan556 les59996
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susan556 pollmadoll64
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anthony97723 pollmadoll64
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I'm only guessing but maybe the decision maker thought post-surgery the frozen shoulder was corrected and you are abler than pre-surgery.
Of course this would depend on the surgeon’s report. Your problem might be that the surgeon due to his vanity has claimed to have done a brilliant job and cured your problem (even if it hasn’t), I have come across this before.
The Fibromyalgia might be enough to stop you working but in the DM’s opinion not enough to warrant personal care. Did you supply a written statement from your son confirming his caring for you? Also a daily diary of care needs is good additional evidence.
anthony97723 susan556
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les59996 anthony97723
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Incorrectly or not, most people including a Decison Maker might genuinely believe that corrective surgery will reduce the level of care needs.
This can be compared to a Pain Clinic assessing and prescribing pain killers that actually work for you. Consequently taking that medication will/could reduce the level of pain previously suffered which caused the previously claimed for care/mobility issues.
As for the vanity of a surgeon, I have had first hand experience of this.
To be told that no further problems would arise ended up with me being transported 300 miles to a specialist hospital unit to save my life!!
More and more, third hand reports and statements from family members are now being treated with more suspicion by the DWP. I have personally seen this happen in one family where mum, dad and both adult children used to receive substantial DLA awards for similar claimed needs and difficulties. Under PIP all of them were refused an award simply because there was no independent evidence just statements from each other.
anthony97723 les59996
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les59996 anthony97723
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Personally I have never even considered any biased statement to be of any real value. To be honest in all of my claims and re-claims for ESA, IIDB and DLA I have never asked anybody to supply that level of evidence including a diary that I have completed which may or may not be factually correct.
My general attitude is that what I put on the various claim forms and talk about at the many many assessements and re-assessments that I have had is the truth which is neither exaggerated or understated. They can believe what they want as far as I am concerned. There is not much that the DWP can do with a true statement when evidenced by independent and well respected sources.
anthony97723 les59996
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However, I know from my time at the Citizen's Advice that it is always prudent to supply a carers statement and a care plan or care diary.
I agree the weight of carers statement pitched against an OT's or HCP will be far less but something is better than nothing.
susan556 anthony97723
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les59996 anthony97723
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Put it another way - would a family member refuse to give such evidence on the basis that it was untrue?
anthony97723 les59996
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Dismissing such statements on the grounds that a ‘relative must be lying’ is very harsh. There are checks and balances including the face to face assessment. If the statement of care is obviously deceptive then it shouldn’t be too hard for the HCP to pick up.
Not all family members lie for each other.
les59996 anthony97723
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Unfortunately I would view such a statement on it's own in that way. I am suspicious of everything and everyone. That is until those suspicions are proved groundless.
As for giving any credit to the run of the mill assessors in being able to 'spot' some level of deceptiveness - I personally wouldn't. The best that I have come across so far in my life, have been wholly unable to tell the difference between a green lime and a yellow lemon!
I remember years ago telling a young bank manager (Lloyds) in South East London, that i could take the bank's money and he wouldn't even know about it.To say the least he didn't last long with that employer.
I agree fully, any statement made by the claimant or other associated member of their family should always be backed up with reputable evidence. I have no problem with that. But I question the need then for such a statement in the first place if that quality of evidence is available in any event.