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Can they take my PIP off me?

babscollier1babscollier1 Member Posts: 4 Listener
edited July 2018 in PIP, DLA and AA
Hi im babs im just looking for advice im on low pip and i got siatica in my back slipped disc and my left leg goes numb i also got oustious arthritis in my knee i also suffer depression takeing my life three or four times didnt work  sorry about spelling and i had a review form too fill in by the end of march so i had had a letter too go in fromt of a person because my disability has gone worse so im scared now in case they take me off it can they do that does any body know that please?

Replies

  • wilkowilko Member Posts: 2,353 Disability Gamechanger
    Hello, it looks from your post that you are getting PIP and you informed DWP that your condition has got worst so you had to fill in a new applecation form and now atend a face to face acessment, is this correct? If so the acessor will either award you points the same as before or more points that may depending on your worsening condition that may get you an enhanced award. But on the day the acessor my form an opinion that your condition has worsened but not to the degree to award you the enhanced rate of PIP. What ever you do, do not do any movements requested by the acessor which cause you pain and discomfort. And request a copy of your acessment report about a week later which take about 14 days to arrive once requested, one you have it you will, should be able to see what your award may, will be but as always you have to wait for the official award notification letter which comes 6 to 8 weeks after acessment varies area to area.
  • WaylayWaylay Member Posts: 949 Pioneering
    They can, yes. Please get help from CAB, welfare rights, or elsewhere.
  • April2018momApril2018mom Posts: 2,869 Member
    Hello

    I would seek advice from CAB or Scope before proceeding with your claim. And irregardless I would request copies of the assessment report as well. Tell them about painful movements too. Remember that the person doing the assessment may not award you the enhanced mobility rate of PIP. And as always you have to wait for the official assessment letter explaining what they have decided on the basis of the assessment. Good luck!! You can always appeal should the need arise to do so.  
  • YadnadYadnad Posts: 2,856 Member
    edited July 2018
    wilko said:
    What ever you do, do not do any movements requested by the acessor which cause you pain and discomfort. 


    Sorry I don't really understand that. If you point blank refuse to co-operate with some of the physical movements you are in danger of the assessor stopping the assessment and telling the DWP that you failed to co-operate in the assessment. The DWP would then automatically close down your claim.

    Surely the point is to demonstrate to the assessor the limited movements you can manage by at least trying to do the movements?
    In all three of my assessments I tried to do the exercises but had to stop at the point of physically not being able to go any further. When she asked how long I could walk for my answer was that it depended on the distance involved. I can walk upwards of a mile which I do once a week, but that it takes about an hour due to  having to stop every 20/30 metres or so to give my hips and legs chance to recover before starting off again.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yadnad said:
    Sorry I don't really understand that. If you point blank refuse to co-operate with some of the physical movements you are in danger of the assessor stopping the assessment and telling the DWP that you failed to co-operate in the assessment. The DWP would then automatically close down your claim.

    Surely the point is to demonstrate to the assessor the limited movements you can manage by at least trying to do the movements?

    They can NOT make you do anything that causes you pain and discomfort!
    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.
  • YadnadYadnad Posts: 2,856 Member
    edited July 2018
    Yadnad said:
    Sorry I don't really understand that. If you point blank refuse to co-operate with some of the physical movements you are in danger of the assessor stopping the assessment and telling the DWP that you failed to co-operate in the assessment. The DWP would then automatically close down your claim.

    Surely the point is to demonstrate to the assessor the limited movements you can manage by at least trying to do the movements?

    They can NOT make you do anything that causes you pain and discomfort! 



    I agree, but would you expect the assessor to believe you that you can't even attempt to do the simplest of exercises?

    Surely it is better to demonstrate it than just sit there and say 'I'm not doing that because I know it will cause me discomfort and as you know you can't make me'.


  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    If they ask you to do any movements first I would ask Are you qualified in that area? (Because how can they judge what range of movements you have as non physical doctor or nurse?) I was asked by an alleged m h nurse to complete a physical test and remember thinking after why did I do that as this is not their area? Surely they should bring in the appropriate clinician for that? What are we - sheep? I know this isn’t particularly constructive but I would pause and think before answering each question now as I’ve had that experience. And still add a pinch of salt !
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • YadnadYadnad Posts: 2,856 Member
    edited July 2018
    If they ask you to do any movements first I would ask Are you qualified in that area? (Because how can they judge what range of movements you have as non physical doctor or nurse?) I was asked by an alleged m h nurse to complete a physical test and remember thinking after why did I do that as this is not their area? Surely they should bring in the appropriate clinician for that? What are we - sheep? I know this isn’t particularly constructive but I would pause and think before answering each question now as I’ve had that experience. And still add a pinch of salt !
    The fact that a mental health nurse may be assessing mobility is here nor there. The argument is that the individual is only assessing impact and that all are 'qualified' disability analysts.

    So effectively it doesn't really matter what they have specialised in, all are 'trained' in what they are doing as an assessor.

    To suggest that these assessments are carried out by relevant qualified individuals for each element (mental health nurse for mental health problems etc) they would be having nurses, doctors and whoever just sitting around waiting for someone to assess.

    At the end of the day no one is diagnosing anything, that isn't their job. In fact the best placed individual for being an assessor would have to be an IT worker! The majority of the work is computer based - the software asks the question then drop boxes are used to best suit the answers. Then an exercise of cut and paste finishes it off and there you have the report.

  • littleruthie123littleruthie123 Member Posts: 490 Pioneering
    I was asked by the asseser too try and do some exercises so I did try .my legs were very unstable that day .she asked me too go on top tie .which I said no .she put it in the report truthfully 
  • YadnadYadnad Posts: 2,856 Member
    I was asked by the asseser too try and do some exercises so I did try .my legs were very unstable that day .she asked me too go on top tie .which I said no .she put it in the report truthfully 
    There you go - you clearly demonstrated that you tried and failed. Much better than not trying at all.
  • mikehughescqmikehughescq Member Posts: 6,560 Disability Gamechanger
    Yadnad said:
    Sorry I don't really understand that. If you point blank refuse to co-operate with some of the physical movements you are in danger of the assessor stopping the assessment and telling the DWP that you failed to co-operate in the assessment. The DWP would then automatically close down your claim.

    Surely the point is to demonstrate to the assessor the limited movements you can manage by at least trying to do the movements?

    They can NOT make you do anything that causes you pain and discomfort!
    Perhaps better to say that they ought not to but in reality it often happens.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    babscollier1
    babscollier1,

    As others have said, yes it is possible to lose what you've already got, even though you've got worse - there is no guarantee. It isn't about your condition, but how it affects you, so as part of the preparation you could look at the PIP self-test and see how many points you think you should get, now you've got worse. 

    Make sure you get a copy of the assessment report, and as others have suggested, if you don't get the result you think you should get then please get advice. It may be that your award stays the same but it is worth checking whether that's the correct outcome. Remember, it's not about simply whether you've got worse, but whether you are less able to do things in your home (or for the mobility component, less able to get around).

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
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  • PAAS2018PAAS2018 Member Posts: 3 Listener
    Waylay said:
    They can, yes. Please get help from CAB, welfare rights, or elsewhere.
    I can help advocate for cases like this
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    In my experience they lied anyway so in future i would be asking what happens if I am not comfortable doing physical tests for m h issues for pip? I am not going to be treated like a sheep. Just saying. This person will fully disregarded my requests to read back my report to me and then the report was full of mid construction so I won’t trust them in future. My eyes are opened now. I am not saying be obstructive but atos charge lots of money to do these assessments and we deserve to be treated properly.
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
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