Extremely contradicting info given by dwp
Posted , 8 users are following.
Hello All,
Long story short I had my PIP assessment 6 weeks ago and received the report back last week, as my previous claim came to an end. I use to receive standard care and enhanced notability. Scored 4 care and 4 for mobility. My conditions are mental health related and I supplied evidence from psych and gp. Now I rang up last week and was told the dm was not happy with the report and has sent it back to atos or whatever they're called these days. They said because it most likely contradicted medical evidence I supplied which it certainly did .
So i rang today to check up on it and spoke to lady who told me she could see no evidence of the report ever being sent back. Instead she said a decision had been made and was out in the post. I asked could she read it out over the phone and she said they're not allowed to (that's not true is it ?). Anyway I said fair enough but after feeling confused I decided to ring up again to speak to someone else and was told by a guy this time that a new report had been made and had been received by the dwp and that as of yet no decision has been made and ring back in a few weeks for a decision.
I am really confused right now as I've been told two different things and what s the point of writing a new report aren't they just going to write the same things again ?
Thanks in advance for reading my pip struggle
0 likes, 38 replies
arva74875 Leano1919
Posted
I don't know about pip because I'm on ESA but I know what you mean about one person telling you one thing and someone else telling you another thing. At first I had "Do I need to fill in a form?" when my benefit changed from contribution to income based. They say you don't, you do. Send me a form, I said. So I ended up with 5 forms! Then this March I was told my benefit ran out in July. Then they tell me September in 2020. Job adviser said I should believe the telephone line, who said 2020. But SHE said July 2018. So I had four months of "Am I going to get any money, or not?" and they tell you one thing, and someone else tells another, and it goes round and round my head, confusing me to hell. Now I seen job adviser yesterday and now I got to wait two weeks to see if my money goes in......so I do sympathise. So they can mess you around whatever benefit you're on. I'm glad I'm not the only one who it happens to. And they wonder why benefit claimants have the highest suicide rate of anyone in the whole of England! It's ridiculous!
Leano1919 arva74875
Posted
Wow that sounds like a nightmare but it goes to show how incompetent they are. I completely agree with you on the suicide aspect, this whole procedure pushes people over the edge. I'm sick and tired of it. Trying to prove something that I've been diagnosed with and is a massive detriment to my life is just to be told you're okay by someone who has no knowledge on my condition really does make you feel like crap.
denise15811 arva74875
Posted
ESA Contribution based is paid for 365 days unless you're placed into the support group and then it's paid for as long as you remain in there, you don't say which group you're in but i'm assuming you're in the WRAG? before the 365 are up ESA will contact you and send you an ESA3 form to assess you for Income Related, if you have a partner that works more than 24 hours per week then it means you won't be entitled to income related and your benefit will stop.
If you're claiming Income related your money doesn't just stop, even when you're due a re-assessment. Very often people go over their time allowed and then sometimes you'll be sent another ESA50 form before the re-assessment time. This is because for ESA they can re-assess you at anytime. Regardless of when your re-assessment is due your money will continue unless you've been found fit for work. You can't be found fit for work without an assessment unless you fail to attend an assessment or fail to return your ESA50 form on time and then they can find you fit for work without an assessment.
keith_67346 Leano1919
Posted
I no it batters your head made my mentall health worse all this it's like a taboo thing pot luck .we only want what we deserve .no more defo no less so wrong am in same boat good luck be strong ljke me I won't give up..you neither.
Leano1919 keith_67346
Posted
You're so right, my mental health is allot worse than it was before I had to re apply, but they don't care do they. Thanks for the encouragement, I need a lot at the moment because I'm running of our motivation to go through with it again.
keith_67346 Leano1919
Posted
Don't give up that's what they want.its 1 rule for 1 and another for someone else facts are most of the dwp don't know there job .I no more should employ me lol.system like the rest of the government has gone to pot.karma will get them and one day we will get are benefits that we only deserve and should receive instead they cause anyone mental illness .am a fighter let's fight for our rights Good Luck kid keith
AlexandriaGizmo keith_67346
Posted
It's not the DWP that carry out the assessments they only go on what information they are given.
It's not one law for one and one for another, we all fill out the same forms and we are all interviewed by the same company, we all have the opportunity to send in supporting medical evidence as well.
This can have a very big impact on the results we achieve.
Leano1919 AlexandriaGizmo
Posted
I see what you're saying Alexandra but some people do send in evidence that gets overlooked and the assessor can have a massive impact on the outcome of your case. If you get an assessor who lies or doesn't report what happened accurately then it goes against you. I'm proof off that I've sent in evidence, I've gotten the proof they need but because the assessor said that I was doing all the talking (not true) And because I knew that I'm left handed , that my memory is adequate and that I don't need promoting so therefore took away my entitlement to pip. If it was so fair and solely realied on evidence you wouldn't get cases like mine and others. The medical assessment is not fit for purpose, end of story. Pip was designed by the current government, famous for their lack of empathy to all who are vulnerable, to reduce the amount of successful claimants who are able to claim. Of course good evidence is vital because it can make the difference but it doesn't change the fact that some people have definately had there's overlooked.
keith_67346 Leano1919
Posted
denise15811 Leano1919
Posted
It's not just about sending in evidence. It's the type of evidence that you send that matters. It's no good sending in evidence for future appointments, or evidence about a diagnosis like some people think. Evidence that you should send should state how your conditions affect you. Some of the stories i've read over the years about the evidence that people send, is just ridiculous. Yes they ignore a lot of evidence that people send but this will always happen and the only thing people can do is to continue to complain to the assessment providers.
Yes assessors lie, they do all the time. There's also lots of assessors who tell the truth but of course we never hear about them. PIP was indeed introduced to stop those people who claimed DLA for many years that weren't entitled to it or claimed for many years without so much as a review and there were plenty of them too. PIP is fairer, especially to those with mental health. The problem with PIP is that because of the descriptors a lot of people won't come under the criteria and this will apply to some transferring from DLA . If you don't score the points then there's no award.
Not everyone who claims PIP are refused but so many people think this way. It's certainly not true. If as many people posted on forums about their success stories as those that did about their failure then it would shock 1000's of people but this is never going to happen. The reason of course is if someone has an award they're happy with they have no questions to ask, they take their award and carry on. So many people just don't understand the descriptors and what they mean. The stories out there that people think they should have scored 50+ points for daily living....that's just ridiculous thinking but they think it because they don't understand PIP and that's a fact.
If you think you're entitled to PIP then you should fight for what you're entitled to.
denise15811 AlexandriaGizmo
Posted
Leano1919 denise15811
Posted
The problem I have with pip and mental health is that when you go to an assessment it's easy for the hp to say they saw no signs of anxiety or that you didn't need prompting so therefore it's unlikely you fit descriptor d for example. That's not how mental health works, you may present as having no anxiety but inside your heart is going a 100 miles an hour something you can't objectively measure so instantly you're at a disadvantage. Even if you tell them that they can still dismiss it. If it's better for mental health then why did they change the rules back in March 2017 so that any one who couldn't go out on mental health basis alone could not receive enhanced motability, something which the upper courts ruled as discriminatory against people with MH issues. So that alone showed the attitude they had towards mh overwise they would never have done that in the first place . If they cared about the actual implications of a person's mobility being limited by psychological distress they would never have changed the descriptors in the first place. I am grateful that we have a judicial system that can overrule such discriminatory actions and that actually listens to opinions of psychiatrists.
denise15811 Leano1919
Posted
I agree but as i said that's where evidence helps but the correct evidence as i mention in my previous comment. It's exactly the same as any other condition that's invisible and not just mental health. My conditions are invisible and if you looked at me you'd think there's was nothing wrong BUT i do NOT suffer from mental health enough to claim PIP for this condition. My health is physical and i use a stick but regardless of that i look fine, exactly the same as a person with mental health.
They changed the descriptor in March 2017 to make it harder for those with mental health to claim the mobility part. Some were still awarded it, if you didn't suffer with psychological distress. Lots of people successfully claim PIP for mental health and other invisible conditions. I claim PIP for my conditions and my daughter claims it for her mental health. Lots of people are discriminated against when it comes to claiming PIP, it happens but at the end of the day PIP is fairer in a lot of ways. My daughter and myself were both refused DLA.
My argument is that if you think you should be awarded then start the MR process and follow it with the Tribunal if that fails. Fight for what you think you should have is the only answer. We could argue all day about this but that won't get you or anyone else their award.
denise15811
Posted
Actually thinking about it, it's not just those with invisible conditions that are refused. Those that have conditions that visible are refused too. It happens and it will continue to happen. Just the same way that those that are awarded will continue. It's a never ending process for all of us.
If you think you should have scored enough points for an award and you have evidence to prove how your conditions affect you then you should never give up. I'll end this now but good luck with what ever you decide to do but just remember all those that aren't entitled should never give up because that's what they want you to do.
Leano1919
Posted
Hi all,
I thought I'd check back in as I promised I'd keep you all updated.
Well I requested the second report which was done and saw that they had gone through my GPs letter and taken out certain statements and given me points according to that. So they gave me 2 for cooking and 1 for medication. However, they took away the 4 points for motability.
So now I knew this I went back to my GP and asked him to write a second letter with more specific info for my MR. He happily agreed to do that and I sent off that letter with another which is from the personality disorder unit I have to attend. The DWP received the new letters and still refused the award. Their reason was because I didn't show signs of psychological distress at the assessment (not true btw, I was an emotional wreck as always) they won't award me anymore points and that's actually why they took away points for motability. They won't even give me the 4 points for going outside anymore. They said the threshold has changed since the new ruling for motability and mental health and it's now harder to get 12 points if you can't go out alone. Their words not mine.
My Gp's letter and psychiatrist letter specifically says she cannot go outside alone and needs to be accompanied by her partner at all times. Overwhelmed by surroundings ect. She's needs prompting to eat from her partner. Proof that I'm going to dbt which is a type of therapy designed for emotional distress, I wouldn't be going there for any other reason but psychological distress.
They just kept repeating you didn't show signs of psychological distress so we can't award you. I was so distressed after hearing that I just broke down. I ended up in a&e that night because of the pip decision it triggered off my condition and my partner was really worried. So I've been really ill the whole summer and this hasn't helped I'd say it made me worse. Now I face the tribunal. I've been before so I know what to expect but the whole thing has just sent me into a downward spiral. I'm not sleeping properly at night, I'm loosing weight again and I'm getting really down. I haven't even asked about the wait yet, I can't deal with the fact that It might be a year I really can't deal with the uncertainty for all that time.
Well that's the update sorry it's bad news. I feel like writing to my mp about it but I don't know if it will help.
denise15811 Leano1919
Posted
Hi,
I'm sorry to hear your health is worse because of all this. It's not unusual for a MR decision to remain the same because only 17% of them change. Did you give reasons for why you can't go out alone and what will happen if you did go out alone? Giving examples will help them get a picture of how your conditions affect you. Are you getting help with the Tribunal process or doing this yourself? Are you appearing in person? Appearing in person gives you a 71% chance of a decision in your favour, paper based Tribunals only have between 5-8% chance of a decision in your favour so a huge difference.
Yes Tribunal waiting times are huge and some areas are waiting well in excess of 1 year for a hearing date. Good luck and hopefully you're not waiting as long as some people.
Leano1919 denise15811
Posted
Hi Denise hope you're well,
Yeh I told them everything, I really went into detail so did the letters from my GP and other health professionals. It's like they didn't read it or because their report says what it does they're not taking it into consideration. I find it really strange that they won't even consider what a psychiatrist says. Someone has actually told me you can complain if you feel they haven't dealt with your evidence correctly. They did it themselves and said they got their award changed. I may give that a try but I've already got the appeal in and I'm going to attend in person like I did last time.
Thanks for the reply
denise15811 Leano1919
Posted
I'm not too bad thanks for asking.
You can complain yes but all complaints need to be sent to the health assessment providers and not to DWP. They won't be interested in any complaints about the assessment report. They do rely heavily on this for most claims and it's rare for them to go against it.
You can ring HMCTS and ask approximately how long a date will be and they will tell you, you'll need your reference number if you do ring them.