PIP, DLA and AA
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PIP has been a complete nightmare

NeilBNeilB Member Posts: 18 Connected
edited October 2017 in PIP, DLA and AA
Hello, 
Bit of a long story this ill try to keep it short. 
I had an accident at work July 2016 which involved my lower back L5 S1 disc, numbness in my leg and foot and am claiming industrial injury benefit, on top of this I was suffering from cluster headaches since being diagnosed in 2011. These have progressively become worse and I'm under a neurologist.
My employer of 17 years won't take any responsibility for the accident and I've been off ever since, I've also been diagnosed with anxiety and depression.
I put a claim in for PIP at the end of June 2017 and its just been a complete nightmare. I wasn't awarded enough point to claim PIP. The decision process didn't make sense so I asked for the PA4 form, thats the copy of the assessment.
When I received it there was information on there that I hadn't passed over at the assessment apparently I had said that I could walk round a large supermarket from my car a distance of a 150 Meters, and in the DWP decision it said that I had no special mental health input, lots of untruths. they said I wasn't having cluster headaches the majority of days another
 lie. I clearly wrote a said that they had reduced to four a day from ten.
I have since asked for a mandatory reconsideration sent information from my counsellor to show mental health input, they originally had appointment letters but choose to ignore them, I made an appointment with Citizen Advise to gather information to show why I disagreed with their decision and sent all the letters back on the 18th September 2017.
Mike at CAB said he thought I had a very good case.
One the 11th October I received there decision, I hadn't been awarded PIP just an increase in points. it was as if they hadn't read or took into account any information I had sent them, they kept referring back to the face to face assessment and saying that they still disagree with me and said that the descriptors are correct even though I've supplied them with evidence to the contrary. What is really poor about this hole process is that while having a face to face assessment the so called HR Professional could be typing anything on that report being true or untrue, the DWP are basing there decisions on that information. What should happen is both the HR and person who is being assessed should read the report and both should sign it to say the facts are true.
I rang and spoke to a lady at the DWP who seemed understanding to my predicament to a degree, she said my only other option is to appeal against the mandatory reconsideration.
I am going to do this, have contacted my MP for some possible assistance to.

Thanks for reading        Neil.


Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @NeilB

    Welcome to our online community/website.

    I'm very very sorry to hear about your current situation.

    You will find that you are not on your own.

    We have got many many members who are in the same boat (SHIP) as you !!!!!!!!!!!!!

    Here's some info please let me know if I can help you further ?????????????

    https://community.scope.org.uk/discussion/31535/read-me-what-is-personal-independence-payment-pip-and-who-is-eligible

    https://community.scope.org.uk/discussion/31538/read-me-pip-frequently-asked-questions

    https://community.scope.org.uk/discussion/31537/read-me-how-do-i-claim-pip-and-where-can-i-get-help-filling-the-form-in
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Neil and welcome

    Alas, yours is a familiar story on the forums.
    Appealing to the tribunal has a much greater success rate than MR's as they are independant  and will look at all the evidence without the bias of the DWP.

    Often it is not a lack of evidence but the way it is read, try to make your submission to the tribunal "idiot proof". Take each descriptor in turn and reference it to the specific page and paragraph of your evidence .

    You need to start the process by submitting an SSCS1 within a month of the date of your decision letter.

    It is also worthwhile asking for a call back from the DM to discuss your concerns

    As the appeal process can take many months, if you have no award in payment you can submit a new claim, however this needs to be handled carefully. If you consider this as a possibility then we can explain the pro's and con's in greater depth

    CR
    Be all you can be, make  every day count. Namaste
  • NeilBNeilB Member Posts: 18 Connected
    Hi Guys, thanks for your kind advice. When I did my mandatory reconsideration I tried to basically link each descriptor that I disagreed with, there decision then gave my specific reasons why I thought it was wrong if that makes sense.
    Anyway it was if they really didn’t take a blind bit of notice.
    Ive download the SSCS1 forms and I’m just waiting for an appointment to come through from CAB they are ring me on Monday.
    Thanks once again I’ll keep in touch, oh I’ve put a complaint in at ATOS as well, don’t expect it will get me very far.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The CAB should be able to help.
    Treat the appeal like a new claim, but they supply all of the evidence. Don't bother about trying to disprove what the HCP and DM have said, you will only score the points for meeting the criteria so concentrate on that.
    It is good to make the complaint but that is a separate matter

    CR
    Be all you can be, make  every day count. Namaste
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @NeilB

    Yes please please keep us posted with things I hope that you get things sorted asap. 

    Please let us know if there is anything else that we can help you further with ??????


  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    NeilBNeilB,I don't have anything to add to the excellent advice of CR. Appeal, point out the errors in the assessor's report, and provide any of your own evidence about what you can and cannot do - as CR says, that is what matters. Check what points you think you should have got using the PIP self-test. Explain why those points apply to you.

    The CAB will help. As CR says, success rate at tribunal is very high for PIP. You don't have to complaint to the assessment company - it's good to mention it to the tribunal if you do, though, but they'll understand if you haven't.

    Will




    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • NeilBNeilB Member Posts: 18 Connected
    Hi Will,

    Thanks for you kind advice,

    kindest Regards

    Neil
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