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Should The Government Be Taken To Court Of PIP Denied Claims Who Win After Appeal

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happyfella
happyfella Community member Posts: 504 Pioneering

I am just wondering how many people believe that an investigation should take place and legal action taken against the Government for people who were turned down by PIP to only be given PIP on appeal.

A large number of people who were turned down by PIP are put off appealing. Some never claim again due to the stress, and others leave it for a year or so.

So, i am just wondering if the Government, don't care who is in power should be investigated due to the large number of people who were turned down by PIP and then after appeal were given PIP.

These people lost out on money and help and it shows that errors took place. We all know for some reason a lot of PIP advisors put false information on forms (still do not understand why they do this).

Would be interested to know what people think

Comments

  • poppy123456
    poppy123456 Community member Posts: 56,139 Disability Gamechanger
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    No, I don't think legal action is the answer here. The only ones that are automatically entitled are those with end of life treatment with a diagnosis of 12 months or less.

    Those that are refused or have been awarded but weren't happy and take it to Tribunal have a 70% chance of success. There are still some people who take it this far and still refused.

    If they go onto be awarded at Tribunal then they will receive everything they are owed so wouldn't have lost out on any money. I"m not aware of a lot of PIP advisors putting false information in the forms either. That's quite a statement you've made there.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • happyfella
    happyfella Community member Posts: 504 Pioneering
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    Always nice to hear from you but not sure over the statement I"m not aware of a lot of PIP advisors putting false information in the forms either. Especially when it has been mentioned here so many times, as well as lots of other forums and in the media. I went through this and the only truthful information on the form was my name. After an investigation, she resigned and I received an appology letter.

  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,153 Pioneering
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    Hi happyfella, you are right except that a successful appeal at Tribunal is a failure by DWP to correct that error.

    When the error is corrected through MR then payment continues/is awarded/increased in line with the regulations ie as it should have been in the first place!

    None of this is for our benefit, that's just spin.

  • woodbine
    woodbine Community member Posts: 11,934 Disability Gamechanger
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    in a word …..NO

    2024 The year of the general election...the time for change is coming 💡

  • MW123
    MW123 Scope Member Posts: 565 Pioneering
    edited June 11
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  • poppy123456
    poppy123456 Community member Posts: 56,139 Disability Gamechanger
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    Thanks. Are you talking about the "lies" in assessment reports? Assessment reports are not forms. When you mentioned forms and PIP advisors, I assumed you were talking about the actual PIP forms.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Amaya_Ringo
    Amaya_Ringo Community member Posts: 58 Pioneering
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    I don't think they should be taken to court for individual cases going to tribunal.

    My case file is also full of errors and inconsistencies between assessment, assessment report, decision, and MR. My evidence was also not really consulted in full until the tribunal stage. Up until then it was disregarded in favour of the assessment report or cherry picked. I think this is fairly common in a lot of people's cases, and it is particularly true in cases where the disability is invisible.

    I wouldn't go so far as to say that this is done 'on purpose', but I do think the department is understaffed, overworked, and misdirected/under trained in how it deals with these cases. A lot of cases could be settled at first stage just by reference to the claimants evidence, especially if it is comprehensive and from multiple sources, which would take the burden off the assessors/team at the DWP and maybe create better outcomes for those undergoing assessment.

    Better training, a greater diversity of staff knowledge, and so on. My claim and the whole process to tribunal was traumatic and I still have that trauma. But I would still rather see the DWP's problems looked at constructively and resolved than push people into hiding with threats of litigation.

    For context, I was previously assessed for a different benefit by a different organisation, who also got my entire history wrong including my date of birth. This was resolved, but it shows how easy it is for assessors seeing lots of people to blur information and make mistakes, especially if using common templates. This is a key sign of people being overworked or paid to fill a quota of assessments in a certain time frame…litigating would just add to that workload.

    Do I think the families of those failed by the DWP to the extent that lives were lost deserve compensation, however? Yes, I do.

  • kc1978
    kc1978 Community member Posts: 19 Connected
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    Hi,

    I don't think legal action. There are really interesting points though that should be addressed as part of the consultation into PIP.

    1. Why 70% of appeals are overturned.

    Clearly this is not a great reflection on the assessment process.

    2. While I understand that you are back paid. It took over 12 months for my appeal to be heard. I am afraid shops and services won't accept a PIP I owe you. So ended up taking loans, using credit so I did loose money.

    3. My assessor clearly was not a specialist and had no understanding of my conditions and impact. Also did not understand why I could not carry a pan from cooker to sink while using elbow crutches. (Now wheelchair bound).

    Spent more time answering text and there were inaccurate information on the form which was never said or my answer was changed

    4. The Mandatory reconsideration is a waste of time. Despite me providing the above, the DWP did not contact me to discuss instead reviewed the inaccurate report and refused.

    In appeal I went from 7 points to 15.

    I do believe that these failures in a system add costs. If they had a better system and one which was fair, then save a huge amount.

    I would give every penny back plus all I own , just to go back to how I was pre 2021.

    I am so sick of been made to feel like I had a choice and that I am work shy. I worked 23 as a nurse. Including during COVID.

    The voucher and catalogue scheme proposed will ensure we loose out on our ability to choose any items, this will be controlled, there will be no negotiation on prices, so we will be held hostage and pay even more for the right. We all no equipment is over priced.

    Also most of my PIP pays for bills and a wheel chair.

    If they stop motability then I hope they are going to provide me the wheelchair I need.

    I cannot believe that a government can be so absolutely delusional and out of touch with disabled individuals who they are supposed to represent and protect.

    I believe that if they sorted out the assessment process and listened to our specialist teams. Things would improve.

    I understand that some people may take advantage of the system. But don't try and indicate that number is high.

    Maybe let's look at removal of MP second home allowances. Stop them employing relatives to work as assistants. Stop the subsidised meals and alcohol services, and actually govern and serve those who elected them. Instead of the political peacocking you see in the house of commons.

    That's my thoughts. Have many more, but i restrained myself.

    My final point is why are they not trying to reclaim the hundreds of millions awarded for COVID contracts that failed to deliver, provided 0 product or services , and don't get me started on the waste of money that were the nightingale hospitals.

    I am sure that would help government finances.

  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,153 Pioneering
    edited June 13
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    Amaya, a successful appeal at Tribunal means that the DWP failed to follow the correct procedures and failed to correct their findings.

    These are not 'errors', no. Do they know what they are doing to claimants? Of course they do!

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