Turned down on PIP
Posted , 7 users are following.
hello, can anyone help, my husband was on DLA for life, however when I reported his conditions had worsened,mew were advised to go for PIP. My husband scored nil points!
i was devastated, as he has front local brain damage and severe ulcerative pan colitis.
The colitis he has had for over 40 years and is classed as high risk of bowel cancer. He cannot go out due to his pain and toilet needs.
his brain damage has worsened since he was assaulted as he realises his own errors and the frustration has changed the man I married.
he is unable to drive and is unable to plan. He gets lost if he goes out and he is unable to remember what he has said or done 5 minutes previous.
the assessor put down the exact opposite of what we told her and hence he scored nil points.
i am going to the tribunal to explain how difficult his life is and how he finds each day a massive ordeal to get through.
has any one got any ideas of what evidence to take and what to tell them as my husband does not wish to go as he finds it difficult to remember what to say, also if the toilets are not close by he could have an accident.
he is suffering from high blood pressure, dizziness, blackouts and is a danger to himself and others. He forgets if he has pur the oven on and is unable to smell or taste, due to the brain damage and could set the house on fire.
i don't know where to go to ensure he gets what he is entitled to.
i have matched him to the PIP descriptors in the letter of appeal but the decision still came back nil points as they believed the assessor who said the opposite of what she was told.
what is wrong with this PIP system?
we know people who do not have the difficulties my husband has each day but get enhanced PIP for both care and mobility!
please help if you know what's the best way forward.
thanks
0 likes, 17 replies
michelle58585 Dimples60
Posted
We had the assessment which she said then that it would be highly unlikely my daughter would get pip but I should appeal if she doesn't.
Well she did get turned down so we done the reconsideration and still got turned down.
My daughter suffers epilepsy and only scored 2 points and that's because she can't cook due to her seizures, they didn't take into account that she needs supervision in the bath even though she is 19.
I went to my local council and they helped with the appeal letters, so if you live in a council house go to your local council, and talk to your housing officer, they will help, or a local organisation like CAB.
They know where the points are scored.
Hope this has helped a little and good luck.
les59996 michelle58585
Posted
I used to be a client of the County Council Social Services and a guy helped me but that was years ago. When I last contacted them at the end of last year I was told that I didn't qualify for help as i was no longer on their books.
Dimples60 les59996
Posted
My husbands situation of losing his DLA has effected him badly especially when he and I know others who have PIP when they have not as many issues as we have getting through the day and night.
my biggest issue is when I read the report from the assessor that came to our home and wrote the opposite of what we said about his illness and about his activities during the day. Especially the going out, saying he drives therefore can multi task, in fact he can't drive, which we told her and said he gets lost if he goes anywhere I need to be with him at all times.
its just unbelievable.
in my letter of reconsideration I pointed out why in each descriptor he should have scored maximum points.
the assessor also said he is not seeing a neurologist, in which we told her we were awaiting an appointment due to him worsening.
she just said the opposite to everything we said and lied.
however even though I pointed this out in my letter for my husband, they still went with her written assessment.
What do we do at the tribunal? Tell them the same and be told we are the liars not them?
thanks for any advice Dimples.
michelle58585 les59996
Posted
To be honest, my council officer has been brilliant as well as my financial advisor who works at the council offices.
They have gone through all the paper work with myself and my daughter, to try and find where we can get more points on.
Due to my daughter having to be caeful where she goes due to flashing lights ect, and supervision in the bath ect.
Michelle
les59996 michelle58585
Posted
Maybe your council is one of the few that found cuts elsewhere whilst others slashed the budget for Social Services and welfare rights.
michelle58585 les59996
Posted
And the financial advisor I got through an ex leaving me in a lot of debt, so she helped me
Through that and got me on a debt management plan which is now all clear. But she is also on hand
With things like pip.
les59996 Dimples60
Posted
I attempted to stop an armed robbery in South London whilst all of the other pedestrians dived for cover in doorways and behind wheelie bins. Unfortunately with two 9mm bullets inside me and a cracked skull caused by a baseball bat I was airlifted to the Royal London in Whitechapel.
Thankfully I am strong willed and would never let it get to me as I wanted to live as normal a life as possible.
Strange really, served in Northern Ireland at the height of the troubles and came away without so much as a scratch!
Even with that never mind the psychological problems and the rest of my ailments, I could only score 4 points.
Unfortunately as you have found out, the DWP will almost always go with the assessors report. The claimant is always assumed to either be exaggerating or downright lieing on the claim form.
At the Tribunal you have to prove that you are not a liar, prove that what you claimed is the truth and prove that the assessors report is a complete load of b*********.
If you can't produce the evidence to show that proof, then the Tribunal will assume also that the assessors report is right. Tough job - sleepless nights - exhaustive communications with the medical professionals trying to obtain written evidence, understanding how the PIP rules and regulations work, understanding what has been decided at other Upper Tier Tribunals and lastly the ability to remain calm and focused when presenting your case to the panel.
It is being made even harder simply down to the many cases that the DWP are losing at Tribunal. They (the DWP) are now employing professional 'prosecution' officers to try to discredit whatever you say at the Tribunal. Much like being in Crown Court having to defend yourself with no professional legal help against a specialist prosecutor employed by the government. Talk about David and Goliath.
les59996 michelle58585
Posted
So pleased that it was there for you when you needed it.
Round here you are expected to read up on the system and do it yourself hoping that you are doing the right thing.
CAB is the only place you can go to but it is only staffed with well intended volunteers that know about as much about anything as the general public do.
There is an AgeUK office locally but again there is no one there that can help with benefits. The nearest place for professional help is in North West London - a Law Clinic that covers the whole of the South East of England (parts of Essex, all of Kent, East Susssex and Surrey) but excluding the London boroughs.
elizabeth186 Dimples60
Posted
helpful. They give a lot of valuable advice on the points you need to raise
les59996 elizabeth186
Posted
Our CAB is a waste of time - strangely i know as much at they do about the benefits system so wasn't going to waste my time making an appointment.
elizabeth186 les59996
Posted
les59996 Dimples60
Posted
My wife could have written that about me!!!!
I too have frontal lobe damage caused by a serious assault which is just one of the many many problems that I have. I too had indefinite DLA (High Mobility/Middle Care) since 1995.
When I was offered the opportunity of a lifetime to move to PIP I tested myself against the descriptors and came up with 4 points for Care only. So to my way of thinking any claim for PIP would end up at a Tribunal. Having had a recent terrible time at a Tribunal which lasted half a day (where I won) I decided that I could not go through that ever again. On top of that PIP is reviewable at regular intervals - face to face assessment, MR and Tribunals for the rest of my life - I didn't go with the offer they made me. Although it has meant the loss of the DLA and other associated benefits/add ons which resulted in a loss of £250 a week in income, the freedom from the persecution by the DWP with PIP is worth it.
I hope that you succeed, but also remember that that if you decide not to carry on with the claim - there are many of us 'old' DLA claimants that just couldn't face what PIP offers and gave up to retain some level of sanity.
Lillygirl Dimples60
Posted
anthony97723 Dimples60
Posted
Hi Dimples
OK you are going in the right direction with trying to match your husband’s symptoms to the descriptors.
However, as you have found out you now need the evidence to tip the balance of probabilities in your favor. There are 2 important points to rise before going any further.
1. What other claimants receive has absolutely no bearing on your husband’s circumstances and to use that argument will only harm his chances of success. I strongly advise that you stop using that angle.
2. The assessor's don't lie. They simply write reports based on the balance of probabilities. For example awaiting a neurological appointment is a million miles away from a diagnosis and therefore cannot be accepted as 'evidence'. The assessor’s also have guidelines to follow which make sense from a dispassionate point of view.
The way forward is to use the system to your advantage, rather than hope moaning will change the system in your favor.
To do that you need to access your husband’s medical records and gain copies of anything which could be beneficial. Telephone your local hospital and request access. Usually there is a search fee of £10 and a small charge for photocopying any evidence (something like 10p a copy).
You then need to think about any aids your husband’s needs or may require, disabled shower, hand rails, bottom washers, hospital bed etc. and include this in your appeal.
Finally write a care diary detailing what personal care you give your husband each day. It is important that the care should be ongoing rather than on a ‘now and then basis’. Make a statement yourself confirming these details and sign it.
Little by little you can then tip the balance of probabilities back in your favor. If and when you get a diagnosis from a neurologist you can add that to your argument.
Dimples60 anthony97723
Posted
Thank you Anthony for your sound advice.
However when we told the assessor my husband doesn't drive anymore and she wrote he does, therefore he can plan and multi task, which is the opposite of what he can do.
Also the care plan is a good idea and we already sent in the neurological reports from the hospital.
She said he hadn't seen a neuro psychiatrist for a while but I told her an appointment was due, in which it came through last month! Typical isn't it.
I will gather further evidence from his GP as he sees him monthly, sometimes more frequent depending on his high blood pressure, blood tests results for his severe pan colitis.
He also sees a kidney specialist due to issues with his kidneys.
Thanks again I will let you know how we go on at the tribunal.
Also I would never compare one persons disability to another, but it does anger you when you know close family who are getting enhanced pip and my husband is so much worse.
Cheers again.
anthony97723 Dimples60
Posted
Hi Dimples
Remember the assessor's report is only an opinion which he has arrived at on the balance of probabilities.
The assessor would only be doing his job if he felt your husband's condition was historical due to not having recent appointments and that could have triggered his opinion about driving, so in your statement to the Tribunal state absolutely that your husband doesn't drive and state who does drive him around. Your husband can also make a statement stating the same and that should swing the balance of probabilities in your favor.
With historical conditions which are chronic and ongoing, the Tribunal would expect to see a GP’s letter confirming that your husband’s condition is being managed by a carer which I assume is yourself. Also medication is very strong evidence that a condition is being managed.
From what you have described it sounds as though the assessor may have been new to the job and lacked experience in putting the evidence to the circumstances. This is why an appeal system exists and I would strong urge you to do so.
Remember the golden rule which is the more weight to your argument the better chances the balance of probabilities will swing in your favor.