pip decision
Posted , 8 users are following.
Hi
I said i would update everyone that has followed by posts. Well here goes. It's not good and I'm a very distressed so excuse me if I ramble on.
I was due to have my renewal for PIP. I got informed that I was having a home assessment.
The lady seem pleasant enough but didn't give me much eye contact . She was too busy typing and wouldn't let me explain some things. When I asked about my condition she said she didn't know.
I am currently on standard care and higher mobility.
I am waiting on a decision but I have received my report.
She has only awarded me 4 points for mobility so I stand to loose all my money. My condition is life long with no improvement .
She has talked about my difficulties but then contradicted herself when scoring me.
Can I ring up and ask them to look into this before they make a decision
0 likes, 76 replies
pollmadoll64 Clare1234
Posted
I have just gone through this nightmare so am very happy to advise people . I had been awarded 1 1/1 years of PIPS and also ESA. Back in May 2015 due to having had frozen shoulder for four years then needing surgery. I naively and I deeply regret informed that my condition has got worse after the surgery. As I could not work due to both Fibromyalgia delaying my recovery and could not drive either . I am a single mother with absolutely no support . So my young sons became my carers, to prepare meals , dress me etc. To my horror bacon Jan this year I had a PIPS reassessment and was only awarded 7points compared to 17 before when my condition was so much worse. So I appealed went for Madatory reconsideration stating why I thought this was wrong. They still said no so I took it to Tribunal as a paper presentation only meaning I did not have to stand up in person. My Fibromyalgia got so much worse due to the stress I was put through. The irony was I was put into the support group ESA that same week! I argued all these points and went through my reassesssment report thoroughly pointing out where I felt the assessor had made obvious mistakes and contradicted herself . I waited over 5 months to win my case with no money except the ESA. The ESA also stopped my benefit the day afterI had surgery in Sept last year due to an Assessment they had done a month before the surgery. I fought that too and won. All this while
trying to recover and heal . My GP , MP ,Surgeon got involved . Best of luck on getting the justice and support you are entitled to. I am now facing an ESA reassessment and am petrified.
Clare1234 pollmadoll64
Posted
That is awful. I'm sorry to hear you are going through this. The assessor seemed ok but a little ignorant at times. She just didn't want to listen to me. My doctors wrote a letter for me and sent lots of info from the hospital but she has more or less said I'm lying
pollmadoll64 Clare1234
Posted
I sent them copies of my sons' school bus passes to disprove my partner who apparently lives with me , takes my sons to school. I stated he lives away from us , 30 minutes away with his son and starts work an hour and a half away from their school and has to leave at 5.30 am . A bit difficult to drive them to school for 9am, before work . That was only one thing . Then she stated in her report that my sons have to cut up my meals , I use a straw to drink . I have not worn a bra since my shoulder had gone wrong. I need help dressing, preparing meals etc. I had to become like a lawyer myself. It is disgusting what we are put through. To then be awarded no points for these requirements was illogical. I also sent recorded delivery my request fora tribunal hearing , I rang the dept to find out when it had arrived within the time requirement of within a month of the MR refusal. They tried to say it had arrived too late. Luckily I was able to prove the name of the person their end who had signed for it and the date it arrived. My advice is to keep a record of what you send ,the date you send
it and any names of people you talk to. I got there in the end but it was sheer hell.
Clare1234 pollmadoll64
Posted
Thank you very much. I will do. It sounds like you want through tell 😕
anneovca Clare1234
Posted
I would just like to say that I am really sorry to hear this Clare.It is so unfair and I can imagine how stressed you are.It is a horrible process.
I am expecting to lose everything myself,it is all about cutting costs.
Dont give up hope at this stage though.It isn't just the assessor who makes the decision.
Take care
Anne.
Clare1234 anneovca
Posted
Thank you Anne. It's awful isn't it. I don't know what I'm going to do. I saw the doctor last night and he tried giving me more pain relief but I think the stress is over powering everything and it didnt really work. I was up until up most of the night again. I just think that the dm won't change the decision so much from what the assessor has said. But i will fight it as i can see how one asessor 2 years ago can say one thing and she's said totally different. Even though my situation is worse.
I really hope that you are sorted soon and you sont have to go through this to this extent.
les59996 Clare1234
Posted
she has more or less said I'm lying
The phrase that they use a lot in the reports is 'lacking integrity'. I had that a few times.
les59996 Clare1234
Posted
The assessors' reports are nothing more than opinions. They are not medically or legally accepted at statements of fact.
Each assessor can and does have an opinion that is different from everyone else's.
The same goes with Decision Makers - you could have 6 DM's looking at the same case and it is highly probable that each DM would give a different award.
?There are no fixed rules - the only rule there is is that each DM has to consider that based on the evidence who are they more likley than not to believe - the balance of probabilities.
denise15811 Clare1234
Posted
Clare1234 denise15811
Posted
Hi.
No decision yet but when I want to the group that helps full the forms he said he can tell what I'm getting with my assessors paperwork. So he's getting all the info ready to fight my case x
denise15811 Clare1234
Posted
Clare1234 denise15811
Posted
les59996 Clare1234
Posted
Isn't that a bit premature? An MP can help to sort out a problem after the problem has arisen. He cannot and should/must not interfere with how a Decision Maker does his/her job. He should not put any pressure on a civil servant to make the decision the MP expects to see or else!.
?I would wait patiently until you get the decision in writing from the DWP then if you still feel that there has been a miscarriage of justice yes of course you can ask the MP to intervene to find out why it happened.
denise15811 les59996
Posted
I really have to completey agree with you Les. That's really not what an MP is for, surely. I have also said many times that a decision maker doesn't always go with what an AP says, they can sometimes go against them. When a decision has finally been made if it's bad news then start the MR process. Until then just wait patiently.
AlexandriaGizmo Clare1234
Posted
Hi clare I would be slightly worried that as you don't have a decision your MP could actually make things worse, not saying it will but it could.
I think shaking the tree could be a bad move.
Like Denise said its possible they want go with the assessors opinion
Clare1234 les59996
Posted
les59996 Clare1234
Posted
Unfortunately there are no regulations that will allow Motability to continue to allow you to keep their car beyond the normal 6 week period from when the decision to end your Enhanced Mobility element of PIP is made(if that actually happens). If that was to happen there would be 500 other such claims going in every week from those others that are losing their cars.
?What you may find is that you can obtain funding for taxis etc to get to and from work from the 'Access to Work' budget.
Clare1234 les59996
Posted
denise15811 Clare1234
Posted
Not sure how they could do that. Once a decision has been made your old claim ends and the new one begins. Like myself for example. My last award was until August 2017 because DWP always give 1 year extra to allow for back logs with new decisions. My new award started end of July which meant i was given backdated money as my motibility award was higher. If i wasn't successful with the review my award would have ended.
Clare1234 denise15811
Posted
I'm not sure. I'm just going on what the decision maker and the man who is helping me said. They sometimes don't and your award straight away. They sometimes start your new one when the other runs out. The mp said they have seen this and the session maker told me the same. I thought the same as you but I was told different by dwp. If she wasn't a decision maker I don't think I would have believed her x
denise15811 Clare1234
Posted
Are abosutely sure it was a decision maker who told you this? I have never ever heard of this hapen before. The only reason they give you 1 extra year on the award is to allow for back logs. It just really doesn't make any sense at all.
denise15811
Posted
Clare1234 denise15811
Posted
Yes I'm 100% sure. I asked for a cal and she called me from Leeds . She also said i should have my letter within a few days.