Employment and Support Allowance (ESA)
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PIP Review

Good_ManGood_Man Member Posts: 19 Connected
Hi Everybody,

Despite listening to you all and studying a lot of material everything you said about the assessors being incompetent, working to their own agenda, making stuff up as they go... WAS ALL TRUE

MY assessor claimed I walked the length of the corridor unaided and at normal gait without problems. I was knocked over by the door, I could not breathe and she was huffing and puffing about how long it took me to walk up to the room.

She claimed that I sat down without problems and stood up on a number of occasions without problems. I could not sit down in the chair she asked me to sit in because it had no arms and was very low and on a number of occasion during the interview I had to stand up to relieve the pressure in my dead leg.

It was an absolute nightmare of a result and I could not believe what she wrote for the assessment. It was like talking to two different people.

She decided I was fully able and had no mobility problems because I could touch the side of my face, squeeze her hand, and lift my knee after she placed her hand on it.

It was shambolic at the very best.

Replies

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi Good Man.
    As soon as you get your result.If you feel your assessment didn’t take into account all the relevant facts,put in for a mandatory reconsideration.
    You have a month to do so. If you need help with this then there are people on here who are more knowledgable than me as to what this entails.Ask the DWP for a copy of the assessors report.This will give you an idea as to where your assessment was inaccurate.You will then be able to present your evidence to refute this.Good luck.
                Debsidoo.x
     
  • Good_ManGood_Man Member Posts: 19 Connected
    Hi Debs,
    I have seen the assessors report and it is complete rubbish to the point that it defies all credibility.
    I asked for a mandatory reconsideration and spent hours going through it and then went to CAB for them to review and they said everything I had done was waffle and rubbish ha ha ha h ha ha ha ha
    So they did one for me and I am now waiting for that decision.

  • lillybellelillybelle Member Posts: 469 Pioneering
    So did you get your final decision with your report?
  • Good_ManGood_Man Member Posts: 19 Connected
    Yes I have received first decision and was awarded no points as in nil, nicht, zero, none at all for both categories. This is despite two heart attacks and a stroke, being diagnosed with a defective heart which causes the breathlessness.

    I have been told that the heart attack in December is not taken into consideration because it is less than three months old and is not considered to be life threatening. Any ailment has to be at least three months old to determine how it is affecting my life.
  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi Good Man
    I would go to tribunal if reconsideration has not changed their minds.While the second heart attack in December is not directly relevant to the case you could bring it up as surely it is further evidence of an ongoing condition.
    Cockney Rebel would probably be better equipped to answer that though.
    Good luck.Debsidoo.x
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    For a condition to be considered under PIP rules it has to have started 3 months ago and likely to continue for a further 9 months

    The tribunal can only consider how you were at the time of the decision

    If any new condition has caused your condition to worsten considerably, I would not mention it to the tribunal. If you don't recieve the award that you believe you deserve, the new condition can then be reported as a change of circumstance

    CR
    Be all you can be, make  every day count. Namaste
  • WaylayWaylay Member Posts: 949 Pioneering
    Sigh. It's so frustrating that this happens so often!!
  • Good_ManGood_Man Member Posts: 19 Connected
    Hi everybody, I am again seeking help with regard to what happens next.
    My mandatory reconsideration was rejected and I must now go to appeal.The basis of refusal was the assessors observations. Which were complete nonsense and nothing at all like the actual meeting.

    Can you tell me what is my next move and what I can do to improve my chances of getting them to reconsider this appeal?

    Many Thanks

  • Good_ManGood_Man Member Posts: 19 Connected
    I have made an appeal to the tribunal but was in hospital following another heart attack and so the appeal was three days late.
    I have given the reason for the lateness and provided proof of admission to hospital for the five days and have now received a letter explaining that the DWP can object to my appeal on the grounds of it being late. They have 28 days to state their objection.

    Can anyone tell me what happens if they object? Can I appeal against that decision too?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Good_Man said:
    I have made an appeal to the tribunal but was in hospital following another heart attack and so the appeal was three days late.
    I have given the reason for the lateness and provided proof of admission to hospital for the five days and have now received a letter explaining that the DWP can object to my appeal on the grounds of it being late. They have 28 days to state their objection.

    Can anyone tell me what happens if they object? Can I appeal against that decision too?
    They almost never reject an appeal request. Although it states you have 28 days to request it, you do in fact have 13 months with good reasons for being late. As you were in hospital that would be good enough reason.

    It's a long process but good luck.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi Good_Man

    Regarding the appeal itself, do (if you haven't already) check which descriptors should have been scored. This is more important than dissecting exactly why the DWP decision maker made their decision - in other words, dissecting the inaccuracies in the assessor's report. Also look critically at what you have sent in by way of medical evidence. The other important factor will be your own verbal evidence at the appeal hearing. 

    Have a look at www.advicenow.org.uk - their online leaflet "How to Win a PIP Appeal" is excellent and have a look  also at www.pipinfo.net, which explains some of the terms that are used in the regulations.. An example is "reliably" which means for the majority of the time i.e 50% or more, and also safely, repeatedly, in a reasonable timescale and to an acceptable standard. 

    There is information on our website about the process of going to appeal and the Helpline staff would also be happy to explain this if you phone us, in particular if you don't have a local benefits specialist who is helping you (in some areas of the country, there is no-one doing this work, other areas are better served).

    I hope this helps.

    Gill_Scope
    Benefits and Finance Information Specialist
    Scope Helpline
    Tel: 0808 800 3333
  • Good_ManGood_Man Member Posts: 19 Connected
    Hi Gill,

    Thank you for that, very helpful.

    Can I ask about a local benefits specialist would they accompany me to court?
    The thought of attending court on my own terrifies me.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi Good_Man

    You 'd have to find that out from them. Because of the withdrawal of legal help for these issues in 2013, there are much fewer caseworkers up and down the country and far less people able to "represent" you. However, the role of a rep isn't  quite what you might imagine, they may introduce the case with a sentence or two, or be asked to say if there are any outstanding issues that haven't been discussed at ;the end, but their input on the day of the hearing is minimal. Also, the hearing isn't like a court of criminal law, fortunately but is usually set in a meeting room. Just big tables and a container of water on each of the two tables, one for the panel and one for you. 

    It's really good though to have a friend or relative go with you for moral support and so that you can discuss the event afterwards with someone who knows you. If you don't have friends and family who are local, you could try your local voluntary services, they may have someone chomping at the bit to offer this moral support.

    I hope so.  Do let us know how you get on. 

    Gill_Scope 
  • Good_ManGood_Man Member Posts: 19 Connected
    Is there anything I can do to speed up a tribunal hearing, I have been waiting an incredibly long time and have had absolutely no contact since they told me about the late application?
    How do I find out if my application has been accepted? They seem quick enough to tell me my application is late and yet they take their time replying to me after.

    What can I do? If anything?
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Good_Man, have you tried getting in touch with the department by calling the number on your previous letters? They may at least be able to give you an update on waiting times!
  • Good_ManGood_Man Member Posts: 19 Connected
    Hi @Good_Man, have you tried getting in touch with the department by calling the number on your previous letters? They may at least be able to give you an update on waiting times!
    I am sorry Pippa, but that is just too obvious... do you think me stupid?

    I followed your advice and spoke with a lovely woman, who advised me of the waiting times, and explained that I need to write to her requesting a hearing as a matter of urgency. They can normally reduce the waiting time once they receive the request in writing.

    Thank you for the advice, I will try and think for myself a bit more than i do. xx I have to admit I did laugh when I read your advice, Bless you. xx
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Good_Man, I'm sorry to hear the above advice wasn't helpful.

    We have many questions about tribunals from community members and, as you'll see from other discussions, this is always the first step we recommend taking- it's no reflection on you as a person. Glad to hear that you've now spoken with somebody and some progress has been made, and wishing you all the best with your appeal.  
  • Good_ManGood_Man Member Posts: 19 Connected
    Hi @Good_Man, I'm sorry to hear the above advice wasn't helpful.

    We have many questions about tribunals from community members and, as you'll see from other discussions, this is always the first step we recommend taking- it's no reflection on you as a person. Glad to hear that you've now spoken with somebody and some progress has been made, and wishing you all the best with your appeal.  
    Sorry Pippa, your advice was absolutely correct, it is my sarcasm that needs remedy. Thank you so much. xx
  • jasmanjasman Member Posts: 5 Listener
    hi all my name is pete. aka jasman. i have been reading the posts. i think some times is it worth all the agro we go through for the few bob we get.  as i said i was given dla in 89 not 1999. becouse some one knocked me off my bike.and i was declared dead untill  cpr. then i spent time in a nouro hospital with a fractor of the scull,and a broken lower back.  then  some pip jocker said it is all in the mind. as good as in the report. I  am glad it is all coming to light now. about this company

  • Good_ManGood_Man Member Posts: 19 Connected
    After being told there is nothing wrong with me by a medical professional from pip.
    Being told the so called medical professionals opinion is valid.
    Being told again the medical professional is correct.
    I presented consultants reports and diagnosis from numerous professionals and was told their medical professional is correct.

    NINE MONTHS and a tribunal later the tribunal upheld my claim and awarded me living allowance and mobility. They also backdated my claim to December 17.

    Thank you everyone for your continued support and advice. attending the tribunal was hard and one of the most difficult things I have done. The fact that they listened to me and decided the evidence was sufficient. I am pleased.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Well done Good_Man

    Very good to hear your news. Thank you for letting the community know. 

    Gill_Scope
  • Mumof2dsMumof2ds Member Posts: 148 Pioneering
    @Good_Man

    Just read through your post, thatst horrendous treatment. 

    SO glad it was over turned and you were awarded. So you should of been! Defies belief really the stories I have read about assessments and tribunals afterwards. 

    I gave my assessment in three days time.

    So very glad you got the outcome you deserve. X 

    P XX 
    Politeness costs nothing, but goes a long way in life. 
     Always look out for each other. Be kind. 
     Hugs and smiles mean the world. XX 
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