Employment and Support Allowance (ESA)
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Won PIP award after 4 year battle

 hi everyone, I have just been awarded high rate mobility and standard rate care of PIP which is the same rates I got on DLA lifetime award. I had been throug tribunals and they were guilty of discrimination by ignoring my request for a telephone hearing and insisted I attended despite my being clear that this was impossible due to chronic fatigue and the risk of losing my legs if they are not continuously raised. 

Eventually a lawyer wrote a letter that was intended for a high court judge which I had enclosed with other information to the DWP.
Two days look later I had a call to inform me that an assessment in my home had been arranged for the following day. 
My assessment was completely different from the original one which was aggressive and  on the final report every statement was a lie. This truthful assessment was clear and gave no chance for the decisionmaker at the DWP to make any other choice but to grant my claim.
The only problem was the backdating. I had a call from the DWP to discuss this and after explaining that the nerves in my legs were destroyed permanently.  Therefore it was impossible for them to have grown back as this was implied in my orriginal assessment. It was made clear.that they were not going to backdate my claim to 2015 but were prepared to go to October 2016 as they had been notified of a new condition.  When I received my payment and letter of entitlement it said my claim was only backdated until October 2017  only 4months. I had run up huge dept while fighting this as I was not prepared to starve, freeze, or commit suicide for their satisfaction and without the full backdate I will not be able to pay these debts off? 

The physical and emotional stress this has caused has resulted in my being almost totally bedridden and I am probably entitled to the enhanced rate of care. I was warned by the DWP that if I apply for this there we would be a chance that I would lose everything. It sounded like a threat so I will leave things as they are. 

I was told to write to the complaints dept about this but after previously having complaints for harassment and maladministration upheld with apologise and consolitary payments, they no longer reply to me and I have a pile of ignored questions which I resend on a regular basis .
Although I have won my PIP it is a hollow victory which has come with a high cost to my health and finances. It is a battle that I should not have been forced into but there was no choice. 

I still have many issues to resolve With the DWP including human rights, bullying And other maladministration+ misinformation issues that have cost me my home and pension. So far I have got nowhere with these issues and I will have to work through then alone. I had intended to use my backdated PIP to hire a lawyer but that won't happen now.

If anyone is in a situation like mine I hope you have the resources to fight for your rights but be prepared for a long battle and be very careful because they have many nasty tricks that they can use on you. 
You must be honest and transparent but they do not and are morally bankrupt 
so use subject access requests to find out how your claims are processed, they have no problem breaking their own rules deliberately to reject your claims

Replies

  • MarkinsuttonMarkinsutton Member Posts: 83 Pioneering
    congratulations on getting your PIP It shouldn't be this difficult and it sad that so many disabled people are having to fight just to live, well done of coming out the other end and hopefully things can move on for you now you are getting some support 
  • sheilyh789sheilyh789 Member Posts: 5 Listener
    well done for finally getting pip after such a long battle

  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Disgraceful what you have gone through you are a warrior 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • whistleswhistles Member Posts: 1,590 Disability Gamechanger
    How did it end up lasting four years? 
    What were you awarded initially? Then at appeal? 

    I have to say in some cases I get puzzled by all the tribunals people do because when I was initially refused DLA I appealed and was still refused. 
    So I left it six months to gather more evidence and reapplied as a fresh claim and was awarded. 
    No way could I be doing all this court stuff. 
    My guess is October was when they decided to award you, so sadly that's the date it starts from not the date of the start of the claim.
    Do not follow me, I don't know where I am going.
  • Roma_FletcherRoma_Fletcher Member Posts: 30 Courageous
    Bless you. I'm so pleased that you have won an award of sorts, congratulations. I can't believe that they are still being deceitful and threatening towards you. It's so, so wrong. Could you get legal aid? What about somewhere like your local CAB don't they usually have a solicitor that they use? It may be worth finding out if you haven't already. Good luck.
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