I am also fighting the DWP

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i am waiting a judge's decision at the moment and have been communicating with PIPS case manager and the Tribunal case manager to get updates because having been awarded 16 points last May enhanced rate footwork years . I also informed PIPS that my condition had deteriorated due to shoulder surgery ! Due to a totally incompetent assessor I only got 7points. I have pointed out over twenty mistakes were many where she lied  and contradicted herself? I am a single mother with two young sons I am utterly devastated as to what has happened since JAN? 

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  • Posted

      What I wanted to say was 'Having been awarded PIPS enhanced rate for two years . '   
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  • Posted

    Hi pollmadoll64 

    i understand completely I am in the same boat I was getting standard pip and mobility, I contacted them to say it's all changed due to operation on my hip and knee, they also lied to me bout results and took all off me I was thinking what to do next, I have to start tribunal case but not sure where to start any help would be great please 

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    • Posted

      Hi Katrina

      The operation you had did it fix the problem with mobility & care needs? The DWP would consider the operation a 'change in circumstances' and seem to have judged that you don't now fit the descriptors, which you did pre-op.

      That is one possibility which seems to affect many PIP claimants and without further information I couldn't give a different view.

      If it is the case then you have to show that you still fit the descriptors despite the surgery. You need to complete a SSCS1 form and submit it within one calendar month of the decision to discontinue your PIP claim.

      If you fail to meet the deadline then your only other option is to wait 6 months make a fresh application and prove your condition has got worse (not easy to say the least)

      Citizen's Advice have benefit advisors but it is pot luck on where you live to whether they have an office with enough resources to employ one. You could also try and find other Welfare Rights representation in your local area, try Google.

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    • Posted

      Hi anthony97723

      No the operations hasn't fixed it j told the medical assessor that I have to go back and they need to look at it all again, when the letter came back no the first time I asked for a call the j explained my health how everything effects me eg need help dressing bottom half, can't walk further than 25-30 meters without pain starting etc she said to me about a letter to confirm it from gp so he did for me and j sent a letter stating the new appointment from surgeon but no still came back no stating the medical assessor found I could move ok, taking into account I couldn't even sit still because of a trapped nerve I had in my back at the time of a medical

      Hope you can understand all this lol

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    • Posted

      This just confirms my belief that I would not have got PIP when I was asked to transfer over from DLA. Two reasons - the DWP would cite that taking the pain medication would remove the pain thus the disability that came with it, and secondly by refusing to have an op (removal of the pancreas and spleen + redirecting blood flow) would demonstrate that the disability caused by that particular problem could not be as bad as I had claimed.

      I just don't have the strength to fight anybody anymore (including doctors) - I just want to get on with what is left of my life.

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    • Posted

      Hi les 59996

      Sorry to hear this I just want to give up fighting but I think why should these medical people get away with writing what they think and spooling every ones life's while their continuing theirs happy it shouldn't be allowed

      Kate

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    • Posted

      If you think that you are able to fight the DWP (or anybody else) in order to claim a welfare benefit, then go ahead.

      In my case I took a long hard look at what I am capable of and realised that starting with the claim form, then the gathering of evidence, having a 1 hour inquisition, then putting together a MR then being able to represent myself adequately at a Tribunal - then the realisation that the whole damn thing could carry on for as many years that I have left of my life (I'm 67, 68 in June and with life threatening illnesses))  it was far too much for me.

      Everybody is different,so if you feel up to it go ahead. It depends on what is important in your life - fighting on principle or getting on with life.

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    • Posted

      I asked for a copy of my assessment report that Is when I could see the downright lies and contradictions. She said in her report that I have to have my two son prepare my meals and they cut up my meat,  help to dress me with socks ,tights, underwear etc then said in the points I used aids and appliances. She also said wrongly that my boyfriend lives with us and drives my sons to school which he doesn't so I sent in copies of their bus passes. I am livid that due to someone making all these obvious mistakes we are penalised thought of a s guilty penalised until we prove they are wrong meanwhile we have no money coming in. Fingers and toes crossed I will win back what I am clearly entitled to. I want to work but cannot.  
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    • Posted

      Hi Katrina

      Yes I understood your reply.

      It seems the conflict is between you and the assessor. He seems to have an assumption that the operation has fixed matters whilst you claim the reality is you still suffer with pain and have restricted mobility i.e. the operation failed.

      I have to be honest this will be a hard fight to overcome. The success rate for knee/hip replacements is over 90%. So you will have to prove that you have fallen into the small amount of patients which has produced total failure. At a guess this is where the assessor is getting his assumption from

      First of all you need to access your medical records and find out what the surgeons report is on your operation. I suspect he has declared it a complete success (surgeon’s vanity) as they nearly always do. You are going to face a further hurdle in the DWP will not accept future appointments as proof of condition, you need actual hard evidence which could be months away from being available to you.

      In your favor you have a gold standard OT report and a supporting letter from your GP.

      If you can’t get any further evidence in support then if I were you I would take a punt on the Tribunal and use the OT report and GP letter as evidence that you may have fallen into the small amount of people whose knee/hip replacements have failed. At least at the Tribunal you would get an opportunity to explain to an independent board how your condition affects you and that the assessors report was incorrect.

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    • Posted

      Excellent reply. But please consider that normally you would have to have all of your strength (body and mind) and your full faculties to enter that dragon's den!

      What hope is there for those that are already overloaded with crippling conditions, be they mental or physical?

      PIP to me, places an intolerable level of pressure and strain on those that are least able to cope with it.

      Fit and healthy, I would be at the front of the queue pulling the DWP apart at the seams. 

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    • Posted

      Sorry a little confused. Did the assessor state that your sons prepare meals and cut up meat/help you to dress plus you use aids? If so then surely you scored points as that would fit the descriptors.
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    • Posted

      Well the word is PIP stands for Permently Impossible Payment.

      There is no doubt that there is a large group of disabled people who fall into the catagory you describe. But it was always ment to be that way as the Nasty Party want to take money away from the vulnerable and look good for doing it.

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    • Posted

      Hi Anthony97723

      I didn't have a knee and hip replacement first of all I had a labrum tear which was so called repaired then wen I went bk for check up and wasn't no better he said maybe j had a test in my knee so opperated on my knee again wen I went bk in 6 weeks after I said no better I. Fact slightly worse surgeon then said I was afraid this was going to be the case, said he would see me in 6 months but I had to go bk before and seeing him with in 3 months as it's painful and can't do much more

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    • Posted

      Hi Katrina

      Thanks for the extra info your problem is now more clear me. From what I know a Labrum tear is a very hard condition to treat surgically. Often the camera surgeries (if that's what you had) fail and even open surgery doesn't have a great success rate.

      That is not good for your health but it should strengthen your claim that you still fit the PIP descriptors

      Considering your surgeons comments I would think it's vital to access your medical reports (post-op) and submit it as additional evidence.

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    • Posted

      Hi Katrinia

      You can get copies from your Consultant or GP. Some charge a fee (usually £10) but many GP's don't charge.

      Write to your GP's practise manager.

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