PIP, DLA and AA
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PIP INJUSTICE!

sophie18sophie18 Member Posts: 20 Listener
edited March 2017 in PIP, DLA and AA
I was given 4 points for the mobility part of pip and so I appealed and lost. I received their decision this week. Ivwent along with a friend and we both commented that they would reject the claim. The Dr didn't really asked the kind of medical questions that would tell her how I cope with the pain. However after everyone had questioned me the Dr commented about the highlights in my hair. My nails that were done by my daughter and were in a state, then she asked me about the shoes I was wearing she thought they were high. They were clarks and it was a wedge heel about an inch. I was told by the physio not to wear flats and to wear the kind of shoes I was wearing. I believe she had an influence on the decision.

i don't believe that just because my family and I want to look reasonabl I should go around with grey hair and flip Flops!!

i need help in what to do next please. Do I appeal again or make a new claim?

Replies

  • wildlifewildlife Member Posts: 1,316 Pioneering
    Hi Sophie, Have replied to your other post. You could ring the help line for more advice. Good Luck..
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    sophie18 - I suggest that you re-post in the 'Ask a benefits advisor' category.

    It's outrageous that some people will only think a person is disabled if they look dishevelled.  There is no reason why highlighted hair has any bearing on a person's disability, nor varnished nails either.


  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    No idea why people with disabilities are expected to look either dowdy ugly or both! 

    I never used to get my hair done but I do now & even a benefit advisor said 'why shouldn't people help themselves feel better!?' 

    I hope this negative attitude is going to change towards  disabilities and appearance. 

    Theres a beautiful little girl with Down's syndrome who is a model and actress and has the most amazing positive outlook on life that she can do whatever she likes...is that positive exuberance supposed to end once she becomes an adult? No!
  • joannarashellejoannarashelle Member Posts: 135 Pioneering
    Taking care of our appearance helps us feel better about ourselves especially when struggling with pain be it physical or mental, it can have a massive impact on our mental health well being when we treat ourselves to little things like hair nails etc, I also know it's healthier for our back and joints if we wear shoes with a small heel as opposed to flats, incredible that the doctor commented on your shoes saying they were high!

    it's worrying that there are people like this in charge of making the decisions as regards PIP being allocated. 


  • sophie18sophie18 Member Posts: 20 Listener
    Thank you to you alkyl for your replies.  It's made me feel quite emotional reading them because I started to think I was the only one with those views..

    Matilda I will take your advice thank you and ring the courts in Monday. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I would think that tribunal doctors are GPs, not specialists, so would not have in-depth knowledge about medical conditions, only fairly superficial knowledge.

    My hair is coloured and highlighted - but my hairdresser always does it for me.
  • sophie18sophie18 Member Posts: 20 Listener
    I can't even wash my own hair I tend to get my hair when it needs colour. I could go 5 weeks to get my hair washed! She didn't really cate about me. The questions she asked she had the answer in front of her. No one seemed to want to know why I had appealed that the decision made by the DLA was based on assumptions made by the face to face and the fact that she lied in her report!
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    I'm proud of myself when I make it to the hairdressers having gone through alsorts of operations traumas and repeated major grieving... if it wasn't for the trainees washing and blow drying my hair for free and reduced rate colour I would look and feel worse than ever...they helped me so much...nobody knows what anyone is going through inside...some people don't even know what's happening in their own body at times 
  • nanof6nanof6 Member Posts: 200 Pioneering
    yes, I go to my local college to get my hair done, £4 20 for a cut, £12.00 for streeks, where the pupils are learning, it does make you feel better, anyway I can't get into local hairdressers with my wheelchair, their loss.the college always has tutors to oversee their work, and you meet people, yes why shouldn't we look nice.
  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    Is there some way we can get a representative to speak on behalf of the public regarding this subject perhaps on national television...
    I'm prepared to do it! 
    Im sure there are many who are in favour of making effort when they can instead of assessors being judgemental... 
    Some people where an unnoticeable wig for health reasons...does that make them alright bc they look clean & tidy? 
    Ignorance. 
  • sophie18sophie18 Member Posts: 20 Listener
    I want to know why they rejected my claim. What I wanted to ask was what did my appearance have to do with medical. I was told that theRe was going to ask me medical questions Allan she asked were questions she had answers to in my medical retort s. No one asked me why I appealed or about how I live day you day. I think it's appalling that this is happening. I would love for you to speak out if you're willing if be very grateful.  They've taken the car off me without it I can't go to work sophie know I'm going to lose my home. 

    It was the so called who asked me if I was going somewhere and there were diversions what would I do? What's medical about that? I would have to follow and go back home if the diversion went on. I think that really the question is ambiguous and any answer given can be interpreted ad they see fit. I'm so depressed if i lose my home I feel that I'll take my life! I don't know what to do any more I'm tired of fighting them!!!
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    HI, SOPHIE18
    i am in the same boat, went for a review was completely honest assessor rushed through questions. nothing about my mental state. last sat got the brown letter and got 4 points and 2 for mobility so now gone from enchanced to nothing.
    I requested my pa4 assessors report and noticed there are contridictions and errors and gave me a review date so really mine not fit for purpose.
    There were so many made up lies to fill the gaps and she said i had no mental health problems which is a joke.. she not even a trained nurse i checked her out she just a pen pusher who has had bit training.
    make sure you get your assessors report and ask dwp for MR ring up but make sure you ask for it in writing too.
  • sophie18sophie18 Member Posts: 20 Listener
    What's MR please. Thank you.
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    It should be on your decision letter mandatory reconsideration.
    Its the 1st stage of appeal you have to go through this part 1st before appealing.
    Basically the DWP can overturn decision from the 1st decision maker, but what i have read it does not happen very often. Tend to rubberstamp it as they dont like admitting there wrong.
    I rang up last week asking for my M R and then put it in writing that i requested a M R and sent them medical information and why i should get point.
    Have you got the assessors report yet?
    I recieved that and it was lie after lie was in melt down all last week, but today im feeling positive and ready for the fight to get my points i deserve.

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited March 2017
    @sophie18

    As I've posted earlier on this thread, I suggest that you re-post in the 'Ask a benefits advisor' category where there are benefits experts who can advise you about what action you need to take next.
  • sophie18sophie18 Member Posts: 20 Listener
    The report was the same lie after lie. The assessment was based on their own assumptions and not facts!

    ive just posted it on "Ask the Beneft Advisor" I had a little difficulty finding the place to post my query, thank you.
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Yh mine on there 2 did it last night. 

  • sophie18sophie18 Member Posts: 20 Listener
    I have just rang the courts and was told that I can ask for a "Statement of Reasons" which is what the judge writes up and the law to cover their backs, and a "Record of Proceedings" which are the notes made during the interview. I've just sent them an email requesting these as it's got to be put in writing. In case anyone is in the same place as me.
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    You ask dwp for assessors report number on top of your letter.
  • sophie18sophie18 Member Posts: 20 Listener
  • shelby1066shelby1066 Member Posts: 8 Listener
    If you feel assessor did not ask the right questions or report is false then appeal decision. You do this by phoning pip and ask for mandatory reconsideration. Tell them why and what u think they have wrong. They have 28 days to respond and whilst this is going on they cannot take your car
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    I had my f2f feb 9th recieved my decision letter march 11th and my pip had been stopped from 3rd march it said in decision letter. then had to call esa up as not been paid. Its played havoc with my head emotions health all because i had a bad apple assessor. who could not be bothered to do her job right.
    The feelings and how you feel are so hard to put into words but your not alone so many people are going through this and goverment dont seem bothered sinful.

  • shelby1066shelby1066 Member Posts: 8 Listener
    You need to appeal decision  and explain why it was wrong.  What assessor did not look at. This is how your illness affects you. Not what u look like. Just because you looked good had hair done does not mean you are not unwell. 
  • sophie18sophie18 Member Posts: 20 Listener
    I have appealed and lost again. I've requested Statement of purpose and the notes they made on the day. They never even bothered to ask me why I appealed or how I cope daily. They were more interested in my hair nails shoes etc nothing medical they didn't already have the answers for.
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Have u asked for a M R?.
    its so hard to express how you feel and all the emotions running around your head until you go through it. I dont eat sleep due to worry and im only just submitted my M R last week but i bombarded them with urgent faxes from mental health written saying my report is there words unfit for purpose. 
    Today gave them the pip handbook guide clauses also about missing evidence and lack of care with the whole assessment and the assessor fabricating things like she copied pasted off someone elses report to fill in gaps. She even said got no mental health problems but i have anxiety ocd drpression paranoid thoughts and suicidal thoughts said i have none. 
    I stopped medication as need to think as tablets make me not care or think. 
    So at min on a bit of a high.
    emailed my MP today. 
    Have u been to cab or anyone for advice?




  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Make sure if you phone DWP always follow up in writing record delivery as phone call no proof.
    someone said to me keep fighting dont be stastic who gave up get what u deserve.
  • sophie18sophie18 Member Posts: 20 Listener
    I haven't been anywhere since they took the car off me I'm not able to go anywhere and I have no money for taxis like the assessor suggested I do. What's MR please
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Mandatory reconsideration which is the first stage of the appeal process after receipt of DWP's decision maker's award letter.  But you have already had a tribunal hearing.
  • wildlifewildlife Member Posts: 1,316 Pioneering
    Hi Sophie, What is the appeal you mentioned in your 1st post? That might have been the MR which stands for Mandatory Reconsideration. It is a request for DWP to look at their decision again. If you've had 2 brown envelopes with 2 decisions then you've done that. If not post again and someone will tell you what to do...
  • WaterLilyWaterLily Member Posts: 55 Courageous
    If you feel assessor did not ask the right questions or report is false then appeal decision. You do this by phoning pip and ask for mandatory reconsideration. Tell them why and what u think they have wrong. They have 28 days to respond and whilst this is going on they cannot take your car
    I'm sorry but I think you are wrong,there. 
    I had my motability car taken from me even though I had a Mandatory Reconsideration in operation. 
    In fact,my car was returned to the dealership one day then exactly one week later I got the result of the MR, which gave me back enhanced mobility. 
    But by then it was too late. 
    Once motability give you a date of hand back, I don't think there is any changing that. 
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Waterlily you sY u got your entitlement back in M R. What did you start with when ugot decision letter. I lost enhanced in march Nd given 4 mobility and 2 daily living sent mr last week.
  • sophie18sophie18 Member Posts: 20 Listener
    I got the lower independence living allow mace and 4 points mobility
  • charmedcharmed Member Posts: 53 Connected

    Im sure although you have handed your car back, your award is now enhanced you can get reapply for mobility scheme after I think several months???


    ---check this---

  • WaterLilyWaterLily Member Posts: 55 Courageous
    Waterlily you sY u got your entitlement back in M R. What did you start with when ugot decision letter. I lost enhanced in march Nd given 4 mobility and 2 daily living sent mr last week.
    On DLA I was on high rate mobility component indefinitely,no care. 

    Then,initially on PIP I was given 10 points for the mobility component and 8 points for the care component. 

    After MR, I was given 12 points for the mobility component and 10 points for the care component. 

    Hope this helps. 

  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Yes thankyou. As all you hear is negative side of M R not the good side. Im not bothered about mobility side i have more mental health just want my points back. How long did it take if you dont mind me asking the mr process?
  • WaterLilyWaterLily Member Posts: 55 Courageous

    charmed said:

    Im sure although you have handed your car back, your award is now enhanced you can get reapply for mobility scheme after I think several months???


    ---check this---

    I spoke to motability and they are happy to negotiate with you should you be successful with MR. 

    This is what they told me;

    If you still have your car when the MR comes through (and you are successful),then motability can stop the hand back and you can continue as you were. 

    If the car has gone back and your MR comes through after (and you are successful) then motability will ask for a proportionate amount of the transition £2000 back and let you join motability again. Not with the car you had, you have to start again. 

    If if you fail at MR and go to appeal and you are then successful,then after 6 months motability will accept you back and you start again with another vehicle. 
    You will not hand back any of the £2000. 

    In my case, my car went back and I had no idea if MR was going to be successful or not (I had read that it is rare) and fully expected to go to appeal, we decided to buy our own car. Literally, my husband dropped off the motability car and went directly to pick up the one we had purchased. 

    Had the DWP been a little bit quicker with the MR result, I would still have my motability car. 

    Thats life!

  • WaterLilyWaterLily Member Posts: 55 Courageous
    Yes thankyou. As all you hear is negative side of M R not the good side. Im not bothered about mobility side i have more mental health just want my points back. How long did it take if you dont mind me asking the mr process?
    It took 7 weeks from when I sent the MR letter to when I had the new award letter. But Christmas and new year was in the middle. 
  • sundontshine123sundontshine123 Member Posts: 81 Courageous
    Wow thats along time to have to wait. 
    In your case worth it. Did you just send letter in or did you produce more evidence?

  • sophie18sophie18 Member Posts: 20 Listener
    They rejected the MR and I took it to the appeal stage. I don't know why they even bother with the questions they don't believe you anyway. It would really be helpful maybe if you can tell us how you got the enchanted mobility because I found unless someone is in a box they can walk or use taxis according to my experience with the people who sit there and make assumptions and lies to justify their decisions!
  • WaterLilyWaterLily Member Posts: 55 Courageous
    Wow thats along time to have to wait. 
    In your case worth it. Did you just send letter in or did you produce more evidence?

    I didn't send any evidence in with the PIP form or the MR. 
    I didn't have anything. 
  • WaterLilyWaterLily Member Posts: 55 Courageous

    sophie18 said:
    It would really be helpful maybe if you can tell us how you got the enchanted mobility because I found unless someone is in a box they can walk or use taxis according to my experience with the people who sit there and make assumptions and lies to justify their decisions!
    I can walk. I am not in a wheelchair but I do use a walking stick and have a mobility scooter. 

    This extract is from the 'turn 2 us' website.....

    On 1 February 2013, the government agreed to amend the proposed rules so that the assessment of PIP eligibility should take account of whether the claimant can not just complete an activity, such as walking 20 metres, but do this:

    • Safely
    • Reliably
    • Repeatedly, and
    • In a reasonable time period. 
    I had to describe to the assessor on my MR that the above 4 points applied to me. It's not all about pain and having to stop,though these things can and do happen. 

  • sophie18sophie18 Member Posts: 20 Listener
    Thank you I've tried explaining this but it's obvious they decide on their own assumptions. We knew they were going to reject my claim few minutes in the interview.
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