PIP, DLA and AA
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Benefits PIP - ESA

kwd897kwd897 Member Posts: 3 Listener
Hello all

So after a painful 8 months I finely received my court date and was given standard living and mobility allowance,

So I applied in July last year but in November my illness changed and got worse, I am home bed bound and cannot walk 50 to 150 meters without collapsing The court told me they was unable to deal with it on that day because it started after the date I applied. I am worried that if I call PIP to update my illness I will be once again face atos go threw a mandatory reconsideration and then end up back in court with my benefits stopped and another 8-9 months of pain

or is it as simple as call them and they update it is my question?

Thank you

Replies

  • Angel40Angel40 Member Posts: 34 Connected
    [email protected],

    This situation happened to my fiance.. i rang pip up to update them of a worsened condition ( keeping this short but he was much worse) and yes our money stopped completely. We faced 9 months of complete hell as my fiance had to be reassessed by atos who then lied to dwp so then i ended up asking our mp to help. We eventually got our money back but after nearly a year of sheer hell..

    Hope this answers your question
  • kwd897kwd897 Member Posts: 3 Listener
    Hi Angel40

    Thank you I think that's answered everything I need to no I think its a ridiculous system that causes more grief than its worth I think I will keep my mouth shut and stay on what I have been given I suppose that why they have made it like that
    :smile:
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I have heard of a number of cases where the disabled person has reported a change for the worse to DWP - and ended up having their current award taken away!  DWP appear to regard a change in circumstances for the worse as an opportunity to remove benefit.  This is corruption in a public service and people should report cases like this to their MP.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi kwd897,

    I think it is worth thinking about whether you should be getting more money. From what you say, it's possible you should actually be on the higher (enhanced) mobility component and perhaps the enhanced daily living component too.

    I understand your concerns and I can't pretend the worst case scenarios never happen. However what SHOULD happen is that your benefit stays the same whilst the DWP consider the evidence to decide whether to increase the amount. You might be called for another assessment. 

    It seems very unlikely that the DWP would have grounds to reduce or stop your money based on you having got worse. Of course assessments can go badly wrong as we know, and you might end up having to complain and/or challenge a decision, but I can tell you that if you rang up to report you were worse and the DWP stopped your money you would have grounds for a complaint. If they actually made a decision that you were not entitled, you would have clear grounds to challenge that decision.

    It isn't possible to remove all your fears but I do hope that you ask for the increased benefit you are entitled to. If things don't go as they should, get advice as soon as possible - and as Matilda mentioned, report it to your MP.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Member Posts: 34 Connected
    Hi Will,
    With reference to the above post, interesting to read, how come the opposite happened to my partner andafter i notify of worsened condition with solid evidence he got 0 points? Our money was stopped for 9 months as we faced tribuneral. Dwp did not continue to pay, stopped entitlement as on assessment my partner wasawarded 0 points. We couldve been faced with eviction. I think this system is very wrong. Just wondered why they stopped our money when clearly they were in the wrong. I had to inform my mp and dwp even tried not listening to them.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Angel40,

    Why the DWP are so keen to stop PIP in the face of evidence that people have got worse I can't tell you. I agree that the system is clearly not working. It sounds as if what happened in your partner's case was that the assessment was very flawed, led to zero points and hence PIP stopped. And unfortunately a change of circumstances IS likely to lead to a new assessment.

    From what you are saying, the DWP stopped the money on the basis of the assessment - as you probably know, the problems with PIP are as much about the terrible quality of the assessments as about the DWP. What tends to happen is that the DWP ignore the claimant's evidence in favour of the assessor's.

    However, DWP shouldn't stop PIP just because someone reports a deterioration. They should at least wait until the assessment before making a decision. The assessment is of course a risky part of the process - it shouldn't be, and I hope that you considered complaining against ATOS/Capita as well as appealing. I'm glad you got your money back eventually.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Member Posts: 34 Connected
    Hi Will,
    Thankyou for your reply. I complained to atos and dwp and said i would go to the ombudsman if it wasnt sorted out. Eventually pip was paid and at enhanced rate for both elements, partner was on standard. My concern is that we couldve lost our house etc. I had to get my mp to sort it out and even then dwp argued we were wrong. Atos on both assessments stopped our money. I think its cruel and unjustisfied and for many other people. Thankyou Will 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    That's terrible Angel40, you're right it shouldn't happen. The system urgently needs to be changed. I'm glad your MP was involved as we need MPs to put the pressure on the government to change things for the better. I'm just glad you got it sorted in the end, but it sounds really stressful.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Member Posts: 34 Connected
    Hi Will
    Thanks,  yes it was extremely stressful and i now worry about the next assessment we get incase it goes terribly wrong again...

    Thankyou for your help.
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