Payments reduced after review
Hi all,
Just Venting here and hoping someone has gone through something similar to offer me advice.
The first time I applied for PIP I was refused and ended up going to Tribunal. I was awarded at appeal standard rate in both components. I have stage 4 bilateral knee osteoarthritis and since October 2022 I have to use a wheelchair outside.
In my review form and assessment I informed them that my daily living needs had not changed and detailed aids that I use in each of the descriptors. I use a long handled bath brush to wash my lower body and the decision maker gave me 2 points. I also informed them that I cannot put socks on or fasten shoe laces which the Tribunal previously awarded me 2 points for, yet this time the decision maker implied that because I drive (an automatic) I have adequate movement of my knees & hips and therefore don't need assistance dressing. How ironic that the decision maker has completely contradicted himself, because surely if I have to use a bath brush because I can't reach my feet, how is that I can make an exception when trying to reach my feet to put socks on.
At assessment I was adamant that it got across that I cannot walk anymore than 10m with 2 crutches indoors and that outside I use my electric wheelchair, at work, shopping, going to appointments etc. The decision maker concluded that interpretes to me being able to walk 20 - 50m repeatedly and reliably.
From the assessment to the decision letter arriving it took 10 days, only to inform me that I no longer qualify for the standard daily living, although I have not indicated any improvements whatsoever, it appears that the decision maker has decided that I have improved so therefore it must be true 🤔
I immediately rang DWP and did a Mandatory Reconsideration followed up by a written letter basing all the facts and contradictions made by the assessor. I work full-time as a Teacher and without my wheelchair I would not be able to work, but it appears that they try to use the fact that you work against you. I also told them in very eloquent wording that I will not be demoralised and ignored again and will not hesitate to go all the way to Tribunal Appeal if needed.
It should also be noted that in the decision letter, the decision maker clearly state's that he changed descriptors chosen by the professional consultation report. I am requesting my assessment report today to see what he has changed. I am absolutely fuming and will not bow down to cost cutting exercises by someone who is meant to show empathy and to help disabled people regain some form of a normal life.
Sorry for the vent, but this decision kept me up all night andit's playing havoc in my head. I will keep the forum updated on the progress of this but I refuse to back down or let it go, which no doubt they are wishing I will do.
Comments
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Good luck with the reconsideration and tribunal if that becomes necessary again
I do find it odd that they say only 15% (or something) of PIP claimants work, and we need to try harder, but when you do get a job they often take you off PIP, so it skews the statistics anyway 😦
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Totally agree 66Mustang, damned if you do and damned if you don't 😡
Since writing the above post I was re-reading the decision makers reasons for his decision. I didn't pick up on it yesterday, but he has said that I have said I have difficulties in 3 descriptors that I clearly stated I require no help. The best one is I apparently have difficulties engaging with people face to face. Pretty hilarious seeing as I am a teacher and programme leader and deal with adult students and staff on a daily basis so require excellent communication skills in the first place.
This is obviously someone else's claim and I am disgusted that the DWP allow this practice to happen.
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Just wanted to give an update.
So the MR upheld with the original decision, so obviously I put in for an appeal.
Then out of the blue DWP left me a voice message and sent me a text message saying they would like to speak to me about my appeal. I was in work so left it until the next day.
Rang them the following day and spoke to a manager, who asked me about the points I had been turned down for. Told her how I was impacted and she simply turned around and said 'we would like to change our decision and awarded me standard for daily living and enhanced for mobility'. I was gobsmacked. So I have now stopped the appeal process and have accepted the offer.
TThey were aware that I had previously gone to appeal and won and I had informed them that I would not hesitate to do it again.
For anyone holding out, stay strong and take it all the way if you have to.
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That's a brilliant result @Debi1160, and great that you didn't have to go to tribunal this time. Thanks for updating us, it's horrible that you were even questioned in the first place but well done for getting through it all. Must be a weight off your mind to get it sorted!
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