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PIP Appeal

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bubbler
bubbler Community member Posts: 10 Listener
This discussion was created from comments split from: Won appeal but DWP say may be appealing tribunal decision.

Comments

  • bubbler
    bubbler Community member Posts: 10 Listener
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    Hi
    I filled in the pip form and on 2nd march 2017 I failed the assessment. I am trying to recover from a 18 hour operation to remove a cancer lump in my mouth which hasn't gone according to plan which has left me very weak and in constant pain. I waited untill Nov 2nd before I had the tribunal, I won the tribunal DWP were there with two others learning how to ruin people's lives, two working days later I got a letter saying they wanna appeal against the tribunal, I called PIP and after going through three people I ended up speaking to the appeals team, after a long chat and the lady on the phone threatening to call the police as she thought I was gonna kill myself she finally got permission to pay the care part of it as it was the mobility side that they were appealing against. I was also told that if a judge decides in your favour DWP must pay you untill DWP win the appeal which is highly unlikely and if it's been over a year you should be able to claim interest and be compensated although this will just be more stress which I can do without. In court it was made clear that I had attempted suicide after seeing I had failed the assessment so why try and appeal against the tribunal? Makes me wonder if they're trying to push me towards suicide again but I have a very good solicitor who assures me we will make them pay up and remember me in future, I hope so and hope this form of abuse (and that's what it is, mental abuse) get exposed as this is clearly DWP making people's lives unbearable. I hope we all get what we deserve and hope DWP get what they deserve. This is all because the assessor blatantly lied in order to give me minimum points and I have sent two complaints but heard nothing from DWP or Atos.
    Good luck everyone and please don't give up and let them get away with this abuse of the vaunerable.
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    Hi @bubbler and welcome to the community. Thank you for sharing your experience with us, it sounds like it must have been a terrible ordeal for you, especially whilst you were recovering from your surgery. 

    I'm really glad that things seem to be getting back on track and that you've sent off some complaints: fingers crossed that you'll hear back from the DWP/ATOS soon. Please bear in mind that if you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at jo@samaritans.org.

    Keep us updated on your process and let us know if we can assist you in any way. Hope today is as kind as possible to you!
  • bubbler
    bubbler Community member Posts: 10 Listener
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    Thanks but the reason for my attempted suicide was not only because of the assessment but also because I was so weak i was bed bound for 3 weeks and in the worst pain ever so I couldn't see the point in carrying on. I'll find out tommorrow what my key worker can do as it is she that said that they cannot hold your money once a judge has awarded you it and she'll contact them for me. 
    These people are playing with people's lives and they know it. They have to be stopped!
    If everyone took them to court that would hurt them. Would be nice if instead of PPI insurance ads on tv were DWP cases instead, that'll hurt them bad.
    How much is Atos, first appeal, tribunal and the tribunal appeal costing the tax payer?
    Would it not be cheaper to get the assessment done by a  professional independent doctor (not a nurse) and cut out all the rest? 
    It's totally different in Scotland where they got rid of Atos.
  • bubbler
    bubbler Community member Posts: 10 Listener
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    I called PIP (even though the letter says I shouldn't as I can't change the decision) and after asking to speak to the supervisor because the first lady was just plain rude the supervisor put me through to the appeal team, after a long discussion she told me she may be able to get the care part paid as it is the mobility part they are trying to appeal and that she would call me back tomorrow after she speaks to some other person (can't remember what their position is). 
    The next day she called back and her exact words were "I consulted my colleagues and after looking through your papers none of us can see why PIP are trying to appeal so you should be ok. But we can only pay the backdated care part for now". So I've got the care bit sorted which is a big relief as it's paid off most of my debts I've acquired since my money was dropped by more than half.
    So it is possible to at least find out what part are they appealing against as if like me it's only one part they can pay you the other and backdated.
    PS the first person you speak to will try and tell you it's not worth speaking to the supervisor because they'll say the same thing "you can't do nothing untill we decide what to do".
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    Hi @bubbler, I've moved your post to Ask A Benefits Advisor who will be better equipped to advise you on this. I really hope things can be resolved for you.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi @bubbler

    Sorry to hear the whole ordeal is getting you down.

    I take it from your post that the DWP have not made any application to appeal to the Upper Tribunal as yet? and are still just considering whether to do so? If so then finders crossed they won't take it any further and will just pay you your backpay.

    For the record the backpay when it comes, should cover all the gaps from the date of the decision to present.

    Best of luck and keep us posted.

    Kind regards,

    Mary

    The Benefits Training Co:

  • bubbler
    bubbler Community member Posts: 10 Listener
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    Thanks, I got the statement of reasons and after reading them it is highly unlikely they will even try.
    It says that the decisions were made on the amount of medical evidence provided so not really on what was said on the tribunal, it also adds that they see no reason why they should change the decision so already they are telling them they are not planning on  changing their decision. It's all a matter of how long will they hold my money for really but my solicitor will be calling them Thursday to speed them up.
    I am now seriously considering taking my solicitor advice and take Atos to court as clearly making a complaint does absolutely nothing at all, I have complained directly to Atos about the "nurse" that assessed me and via the PIP appeals team (or so they say).
    This has to be stopped as too many lives are being lost or hurt just because they cannot work at the moment or need help. 
  • crantockgirl3407
    crantockgirl3407 Community member Posts: 22 Courageous
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    Hi @bubbler,

    I'm so sorry that you had to go through such a terrible ordeal with both Atos and the DWP. Sadly, this does not surprise me at all! They are just nasty and evil to the core. I too had to fight recently by launching a mandatory reconsideration because I was denied the mobility component of PIP.  I had to send the DWP further medical evidence even though they already had medical evidence sent in my claim form which highlighted clearly my mobility difficulties.

     I qualified with both the moving around and going out descriptors, and the unqualified assessor who is a nurse,  maliciously wrote in her report that I do not have any difficulties with both descriptors and as a result of that I was not awarded the PIP mobility component until I fought back with extra medical evidence. My assessment by the way was paper based and the length of my award is 2 years. However, there was a lot of assumptions in my medical report which I felt were completely false and this HCP deliberately ignored strong medical evidence that was provided by my consultant psychiatrist and GP.

    In my mandatory reconsideration, the DWP case manager refused to consider the short length of my award, and decided to just award me the enhanced rate of the mobility component. The enhanced rate care component was already awarded, as I scored 17 points for that, although the points given were measly as my strong medical evidence supported at least 70 percent of the descriptors for the care category of activities.

    The sad truth is that, this Government is totally callous and wicked and we who are chronically sick, disabled, and vulnerable are suffering immensely and being unfairly punished for being disabled. This is just pure evil, and we all know that neither PIP nor ESA are fit for purpose! The stress and high levels of suicide the DWP and their assessors are causing is truly shocking in every sense of the word! Something needs to be done about this very cruel and relentless persecution of disabled and vulnerable people. The whole system is totally flawed, distressing, and demeaning!

    I personally would like to sue the Atos assessor for the false comments and assumptions which she wrote in my PIP medical report, but this is not going to be easy, as legal aid has been cut back. Maybe if we all unite together and launch a fighting fund to sort these vile, heartless, and uncaring Government and their so called professional contractors, then perhaps they will change their nasty attitude towards us and we would then be treated in a fair way and manner.
    After all, how can an unqualified assessor/health care professional override one's consultant or General Practitioner?

    I am very happy for you @bubbler! Please keep on fighting and never surrender to bullies which both Atos and the DWP are! Well done.
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