Pip tribunal successful
Posted , 12 users are following.
Hi I'm new to this site so not sure if I'm in right discussion part I went to court on 7 the July2016 and won my pip appeal got enhanced rate on living and mobility today 26 the July 2016 I got a letter from DWP saying they want to get statements of reasons to wish to consider appealing against decision can anyone tell me as I thought once the court have said I'm entitled to it thats it how likely is it that DWP will carry this out
0 likes, 60 replies
erykah71 lynette82365
Posted
I'm so sorry to hear of your struggles with getting your award Lynette.
It makes you laugh doesn't it, the Government are always saying how much they need to slash the benefits bill (at our expense and sanity), but yet think nothing of spending thousands paying incompetent companies like Atos and Capita to lie on peoples assessments leading to thousands more being spent on reconsiderations and appeals (thus slowing down the conveyor belt of claims) costing more in man power to catch up and then spending even more tying up the tribunals time because they dont want to spend money paying out your claim because they're trying to cut the benefits bill.............. Argggghhhh, makes your head hurt doesn't it.
Anyway mind bend over, good luck hun. I hope when they're laughed out of their appeal you are due a nice backdated lump
Keep your chin up chick xx
lynette82365 erykah71
Posted
nicolette72364 lynette82365
Posted
I hope it turns out ok for you keep strong x
les59996 erykah71
Posted
Atos and Capita to lie on peoples assessments......
Yes they do. If my memory serves me right I have had 16 face to face re-assessments for a mixture of benefits over the past 20 years. and everyone bar two have been a mixture of lies, irrelevant comments and confusion. The two that were good were excellent and told it as it was (correct award was made). They were completed by a doctor
Of the other 14 however, 13 were completed by a 'nurse' and one by a complete idiot of a retired GP. All 14 resulted in benefit being denied completely which whilst under appeal the DWP decided to re-offer what I previously had only days before the Tribunal hearings.
I have come to the conclusion that no matter what you put on the claim forms, 88% of all of my the face to face assessments the information was ignored.
I have said before that based on that level of percentage I might as well have told the assessors that I still play rugby at a county level, own 5 dogs and take them for a 5 mile walk twice a day and play in a rock band for 5 nights a week - not bad going for a 68 year old eh?
As the assessments are not recorded no tribunal is going to take those facts as being acceptable or accurate especially when I tell the Tribunal that I last played rugby 37 years ago, I don't own any dogs and all of my musical equipment was sold 25 years ago. It would make ATOS/CAPITA look complete idiots and make the assessment reports unreliable.
sfarrell38 les59996
Posted
Well said I think it's an absolute disgrace to be honest all us waiting for decisions being made usually off non qualified people who haven't got a clue about your daily life or disability.
erykah71 les59996
Posted
It's pathetic isn't it. You can understand the odd incompetent assessor, but it seems the norm these days.
I'm waiting for MR at the moment after reporting a deterioration in my condition. Had a nurse who didn't have a clue and I lost my award??? Yet my ESA assessment was carried out a few weeks earlier by a Maximus Physio who has worked with my condition. I was in there 20 minutes or so, not asked to do any movement that hurt during examination and was put straight into support group.
At the very least, these assessments should be carried out by a HCP who has had some sort of experience with a persons condition. Maybe then appeals etc will be fewer and not full up with HCP inconsistencies
lynette82365 erykah71
Posted
Hi sorry to ask this question but been reading a lot on these forums and I've seen people saying while there tribunals were in process that folk have there esa stopped put of the support group as well until the decision had been made and if they lost it and had to appeal for a upper tribunal the DWP put them on a different benefit but i had my first tribunal last year and lost it but I was still getting full rate of esa and was never taken out the support group and now I've won my appeal they want to appeal if they thought I wasn't entiteled to it I'm surprised my esa carried on
erykah71 lynette82365
Posted
I've read that they're going to be taking one benefit into account when assessing for the other, but haven't heard or read about anyone losing one benefit because of the other, but that is totally unnaceptable if they are doing that.
The thing is, most peoples stories of appealing against a decision is because assessors have been either inexperienced and unknowledgeable to the impact of the effect they have on people or they are just plain incompetent. If the assessor had reported everything correctly and I got no award I probably would still appeal, but without a leg to stand on. But if they was to stop my ESA over one assessors lies against anothers professional, experienced judgement, then I think the appeals courts would have to put their foot down and tell the DWP to sort their life out.
Fingers crossed my ESA doesn't stop because of my PIP farce, or anyone elses, that could really tip some people over the edge
erykah71 lynette82365
Posted
SteV3 erykah71
Posted
Hi Erykah,
What many people do not know is the 'real' truth behind the DWP, ATOS, CAPITA and MAXIMUS.
The initial idea for bringing in PIP to change it from DLA, was to catch more people that were claiming Benefits when they had nothing wrong with them, which is what you would expect. This is turn would lead the gov't saving money, that is the story which the public was told, and is a bunch of lies.
Let me show you a few pointers about the DWP.
1. If you work for the DWP, the chance of being sacked is far higher than most jobs, you are not expected to have more than 7 consecutive days - if you do, you breached your contract and they have the power to sack you.
2. Then on these forums you have a number of ex-DWP staff claiming ESA & PIP, because they were put under so much stress, working in that environment, even to the extent of lying to claiments on the phone.
This part of your post I have quoted:
"The thing is, most peoples stories of appealing against a decision is because assessors have been either inexperienced and unknowledgeable to the impact of the effect they have on people or they are just plain incompetent."
You are along the right path, but initially this was quite a lot different, and the so-called Health Professionals were no such thing.
If we go back in time a few years ago when hospitals across the UK were under-staffed and cound not cope with the winter demand, you will start to see a picture forming.
Yes, it was in media, but the main link was missed out, which caused the aforementioned problem.
Now, at the DWP they had, and still have a huge backlog of claims for ESA and PIP. The problem was growing at a staggering rate because more and more people were applying for PIP. So, a deal was 'struck' between the Gov't ( remember who was in power at the time, and in charge, IDS! ) and the DWP. Now, this news was 'leaked' by an NHS employee, and all people involved and received this email was never to repeat the contents to anyone. But of course we have whistleblowers, even in the NHS.
So, you're probably wondering what was in that email. Well, it contained the truth that was never told to the public!
It was sent out to all Paramedics, and it came from ATOS offering them a job as an Health Professsional, £30,000 a year working 9am - 5pm. Your typical Paramedic is on roughly £24k-£25k a year and obviously working unsociable hours. Many took the jobs with ATOS, - Paramedics need one diploma at least.
That is the real reason why hospitals were so low on paramedics that Winter.
These days, ATOS uses nurses, occupational therapists, physiotherapists and doctors. None of whom are specialists in any disorder, even a GP has only a limited amount of knowledge of conditions, this is why we are refered to Consultants in hospitals.
None of us are the same, and we all suffer differently - and as my Consultants say to me "I'm a very complex case!" lol... A PIP Assessment and me, well I cannot see that happening because I have too much wrong with me physically, a progressive nerve disorder thats nearly taken over my whole body. I cannot even use an electric wheelchair, so I have to rely on people pushing me around.
I suffer from medical nightmares, which are terrible, but caused by being on over 30+ tablets a day, and 6 BoTox Injections every 9 weeks!
Regards,
Les.
TCup SteV3
Posted
GeorgiaS erykah71
Posted
Two days ago a PIP assessor came to my home and he asked me to do movements. I told him I was in pain and didn't want to but he persuaded me to, saying that it'd be better if I did.
It was very stressful but I did everything he said. I just think that having to prove that we're in pain, not having our word believed is an insult!
SteV3 TCup
Posted
Hi TCake,
"Damian Green" - at the moment, he seems to be on a better level than IDS ever was. One thing we need to observe is how he measures up in the coming months.
The main thing should be "trust" - with IDS this was a life of lies, even I know that from people I have spoken to on Twitter, much of which is not even in the media yet (There is good reason why!). These are people that do not want their names to be published in the media. But as I found out, some of the detailed reports will only be printed if a certain criteria is met.
So far, as for PIP well we all know that is changing in many ways for the better. No more huge forms and dumb questions. Also, assessments will only be done if needed, it is no point asking a person with a well-known condition or disorder, or complex cases of many disorders attending assessments just to be told you are on Enhanced Rates for both components. This cost the gov't last year a loss of over £4 million, mostly caused by people getting their PIP Awards over-turned, hence the gov't made too much loss!
Changing people over from DLA to PIP again is all changing, in a majority of cases, there will be no assessment required. The same applied when we had Incapacity Benefit changeover to ESA, many people with certain disorders were never asked to attend an assessment.
The gov't now with all these new faces in place, could be good or bad, it is early days yet - and anything can happen. Hopefully, for the better - well we can dream.
I am waiting for my DLA to PIP letter, I can't see the DWP re-looking at my case ever again - my hospital records are over 4 volumes now. The DWP sent me a letter to check everything, this included many visits to hospital, doctors, ambulance call-outs, paramedics call-outs, over-night stays in hospital due to prolonged seizures, either Epileptic or Functional Episodes. And it costs the NHS £250 for every admission by ambulance! But that's Life I guess! lol
Seriously, I would like a new whole body - and a good job where I can use my mass amount of knowledge I've gained over years.
Regards,
Les.
TCup SteV3
Posted
GeorgiaS SteV3
Posted
You're using your knowledge here and helping people with it Les! That's commendable.
TCup GeorgiaS
Posted
I agree
SteV3 GeorgiaS
Posted
@TCake,
I have studied many subjects, in the Open University, but writing a book on what I know would take many years... lol I did once start a blog, but after typing over 20 articles, I gave up! lol
CompTIA A+
CompTIA Linux+
Computer Forensics (Investigating any individual in the world)
Cyber Security
Digital Anthropology
Searching & Researching (not using search engines)
Coding in Art
WebGL
Cisco Talos (Certificates)
MySQL & PHP
ECDL
ECDL (Advanced)
All the above done in the past 8 months! The list does go on for ages! lol I'm a person that searches the internet not the web, for exploits.
@GeorgiaS,
Nice to see your still around these parts! Well, not around my parts as such (that sounds a bit wrong! lol), you live in the middle of nowhere. We got the NATO base just down the road now, but they slapped two £43 million heli-planes (*see the image) - they make a massive noise going overhead. They take-off like a helicopter, but the rotors then face forward and the jet-engines cut-in, from where I am on the border of Wales, they take around 20 minutes to reach London! Top speed of 360mph....
Not a bad idea, I'll pinch a heliplane and come and visit you! lol Imagine that, I have coordination problems! Probably, end up in Scotland!...lol!
GeorgiaS SteV3
Posted
Lol, I have a lousy sense of direction so who knows where I'd end up!
I've just achieved my BSc with the OU (although I transferred credits from Exeter and Chester unis), and I'm doing one more module for the Hons. The OU are excellent aren't they.
But it's sad because they're stopping the Open Degree in a few yeas and targeting youngsters. There won't be so many older people studying for degrees. And I expect credit transfer will only be accepted if it's in the same subject. My credits were in Theology but I've studied mostly health science subjects with the OU.
As for noisy aircraft. Chivenor air force isn't far from here and sometimes the planes fly above the village so low that it's pretty terrifying! I complained about it and it's hardly happened since then!
SteV3 GeorgiaS
Posted
Well, I remember you saying you were studying, can't remember what though, there's over 600 courses!
The course I did on Cyber Security was nothing I did not really know about, so I had loads of people following me with my very detailed answers, and supplied links regarding the types of attacks that were done.
Anyway, one of the OU Facilitators emailed me asking if I had done the course before? lol But I hadn't... He asked me if I could supply evidence to backup every type of attack that was used in each case, and what security I was using! lol
I had quite a few students say that I gave better and easy to understand answers to many of the attack type used. But I also went in to attack types which have been done on the web that no one knew even existed.
The trouble is these days not many people know about how their bank accounts are cleared out, or payments start appearing on their statements which they never knew nothing about.
These days we have the "Digital Pickpocket" - whom is very dangerous, they don't need your credit or debit cards, all they do is walk past you. The 'walk-by attacks' are growing, and people do not even know how to protect themselves. Basically, the attacker as an app on their mobiles, which is constantly scanning for credit or debit card details. They collect them and sell them on the web.
Dread to think what the DWP has planned and benefits will be paid to mobile phones, so they can monitor what you are spending your benefits on, per week! That is already being trialled now...
Regards,
Les.
GeorgiaS SteV3
Posted
Sounds like you could tutor that course!
Yes I heard about that in an email from the Work and Benefits website. It's horrifying! What about people who don't like to use mobile phones? I don't use mine. Will we be forced to use them?
SteV3 GeorgiaS
Posted
lol - I do have the qualifications to tutor at College level, but not at University. But what I am learning now is far more advanced than I could learn here in the UK, so the courses I do now are sponsored by major security companies in the US. I have not ever seen any courses in the UK, that go in to so much detail, but there is many reasons why.
I attend numerous webinars mainly by a part of Cisco called Talos, I obviously have to deal with Timezones. A majority of the webinars are around 10am - 2pm PDT, but some have been around 6pm there time, which means I have to wait until midnight our time if I want to speak and ask questions.
This week interested me because it was all about Ransomware, now I have a lot of security on this PC, and thought I was safe. But when I asked a guy called Mitch at Talos Security a question that has been puzzling me for a number of weeks, I found I had 'hit' by what is known as a 'drive-by' payload of ransomware, but I received no messages asking for money, eventhough I did have to pay out another way.
Most Laptops and Notepads these days use SSD drives, this stands for a solid-state drive, meaning it has no moving parts, all data is held on microchips, and they are meant to last longer. I turned my PC off the one night, but was surprised that I could not turn it back on in the morning, it could not even find the OS on my main boot drive which was a SSD drive. In the end I found it was 'bricked', and totally useless to anyone.
I thought it could be a variant of ransomware, but then I had no notice of a request for money! But when I put this to the Talos Security team I got the deaded answer, it was a ransomware type which breaks the infected computer, so the person who owns needs it repaired!!
I was shocked, but I was lucky because I have a triple-drive system, meaning it uses three drives, instead of one. I had to remove the 'bricked' SSD drive, because it basically becomes so hot if left on, it can cause a fire! I touched it and burnt my finger.
I cannot see the DWP forcing some people to use mobiles, considering there are many 'blackouts' (areas where there are no mobile signals at all). They say on the UK is pretty much covered, well if we drive a few miles from here, we would be in the Forest of Dean, an area where you cannot get any signal from any provider!
TBH, I got a mobile with loads of various magical toys on it. But to me its pointless, I cannot text (because I cannot control my fingers properly!), the only way I can talk on it is if I switch it to speaker phone, but then everyone hears the conversation!! lol - the amount of PPI Claims, Insurance, Energy providers, etc I used to get phoning me was ridiculous, then I a number and a message to send, which stops most cold calls within a month!
They wouldn't find any PPI for me anyway, I got all mine written off within a year, and even CAB said that would never clear all debts! Well a year
later and I am debt free, apart from my contract mobile phone (which is also on the TeleCare Emergency Service).
As for the DWP, I cannot see that happening everywhere unless they are going to pay for amplifier towers or trees (we have towers around here which are artificial trees!), yes metal trees, they look real from a distance! lol They are used in many areas in the UK these days, so people cannot complain of the huge towers...
Regards,
Les.
GeorgiaS SteV3
Posted
That's atrocious that a virus can set your computer on fire; in other words burn your house down with you in it! Hacker's don't mind murder?
I hope you're right about mobiles. We should probably end this conversation now because someone else started it and we're hijacking it!
SteV3 GeorgiaS
Posted
I'll PM you instead Georgia...
What I mentioned previously is only the tip of an iceburg! You won't believe what really goes on!
GeorgiaS SteV3
Posted
Well I'm interested in solutions but I don't want to be frightened or stressed so please bear that in mind Les.
lynette82365 erykah71
Posted
Hi I finally got my dla after I last spoke to you and had a very nice lump sum back only got it a month ago so it's came in nicely for this xmas