worried sick over the lies the dwp say

diane1981

i have suffered depression and anxiety for many years, i had struggled through it til i was in abusive marriage which ended in 2010, i had been coping til one day in 2013 where i took a major panic attack and havent worked since and have been on esa and pip since 2016. i just had my pip assessment and the lies that have been reported are unbeliveable. Apparently because i made the assessment my condition is not as bad as i was trying to make out, i must eat more than 3 meals a day because i am over weight, then stated i denied i was overweight however i did not , infact i actually stated i have always been overweight which has never been an issue therefore i would not have any medical input, as they stated in there reply to the mandotary reconsideration, i stated i can read and write however i cannot concentrate on this kind of information, which they reply is not a condition for pip and my concentration cannot be that serious as i can drive. i also have osteo-arthritis and repeat epsiodes of sciatica, they stated i managed to crouch down to the floor in which they never asked me to do such thing. my knee was actually clicking and popping when i stood up which she heard as she commented it sounded painful. they also stated my medication was standard medication ( duloxitine, propananolol, amyitryipline, codine, paracetamol, ) i am currently at the process of awaiting on a tribunal hearing, however the dwp have opposed this and state i should not be allowed  this as there report was fair. this has been on going since may 2018 and i am worried sick of the out come. any info or help would be apprieciated

Ami2301

Hi @diane1981
Welcome to the community! Terribly sorry to hear what has happened! I wish I knew how to advise you but I'm sure other members will be in contact with you soon to offer their advice. Please don't hesitate to ask any further questions Wishing you the best for a good result!

thespiceman

Hello @diane1981   Pleased to meet you welcome.

Sorry what has happened. I know the community understand what you have being going through. Can identify all the horrors and lies. Including my self.

I would suggest you need to talk to CAB. They can offer a whole lot of information, advice and plenty of support.

Might be worth talking to welfare rights as well.

Can help.

Consider looking at our information on tribunals and advice.  Also Talk about PIP lots of comments, posts from members who can give you help and support.

One final suggestion is to speak to your local MP.  They are worth contacting because they need to do know.

There being aware of what is happening. It is becoming evident of so many members have done so and got a positive reply. If that helps.

The booklet you get with assessments promises so much and says you do not have to exercises. Yet that is the first lie the whole booklet. I refused.  That went in the report.  In my case.

I hope what ever happens in your tribunal we can be supportive and wish you the very best for a positive outcome.

Please take care

@thespiceman

markcumbria

Its been known that the pip assessment people have got to fail so many people a day if you appeal it could take 2 months or longer you would be far better and faster making a fresh claim for pip that's the advice they gave a person who I know from the cab. after she was turned down and she had been on low rate before the assessment she lost the appeal after waiting she went to the cab who advised her to make a fresh claim and was awarded pip at the high rate

debbiedo49

This process can go on a long time, just dig in and prepare to wait. Meanwhile get all the help you can and keep a diary. Good luck

[Deleted User]

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poppy123456

Starting a new PIP claim is probably the worst advice I've heard. If you start a new claim and the Tribunal decision arrives before the new claim decision then the decision for the new claim will overrule the Tribunal decision. 

DWP will always appose a Tribunal request, it's the standard procedure and it happens to every claimant. Ignore it is my best advice. Tribunal waiting times are extremely long all over the country, some people are waiting 1 year for their hearing. 

Are you appearing in person at the Tribunal, or have you asked for a paper based decision?

Going by what you wrote above then i'd advise you getting some help from your local welfare rights. 

diane1981

Ive got my hearing date for 20th sept.  I am appearing myself as we dont have a local cab office. Hopefully the tribunal panal have more sense and compassion than the dwp and there assessors.

Pippa_Alumni

Hi @diane1981, and a warm welcome to the community!

Thanks for sharing this with us, and I'm so sorry to hear about your experiences. The PIP process can feel really overwhelming, but it sounds as though you're doing the right thing by appealing. You may like to have a read of Scope's guidance on DWP appeals to help you prepare, and please do come back to us with any questions- many of our community members have been through the process themselves, and will likely be happy to advise.

https://youtu.be/tIHjSpNNbQo

diane1981

Just an update. I had my appeal which was hotrenhorr. The doctor interigated evrything i said, i sat crying throughout the whole process, even getting to the appel was a challenge for me but thought it was my best chance of winning  i got my letter of refusal today. Complete waste if time and what it putmyself through. They focused on my phyiphys disabilities which isnt anyyhing major rather than my mainproblem of depression amd severe anxiety.
 My only advice is if ur claiming for mental health i wouldnt bother. There not interested and make up there own lies

poppy123456

Hi,

I'm sorry to hear this. Lots of people claim PIP for mental health. It really7 depends on how your conditions affect you. Did you send evidence to support your claim? Did you get help with the Tribunal process or do it yourself? Evidence is good but only if it's relevant to how your conditions affect you.

You can ask the Tribunal for the statement of reasons and record of proceedings and find someone that can see if there's an error in law made, not an easy thing to do. Unless an error in law is made then you won't be able to appeal the decision.

If you do decide to re-apply in the future then i urge you to get help and advice before doing so. Good luck.

diane1981

I have reapplied as my condition has deteriorated since the assessment. The whole process is an absolute joke. 

poppy123456

I would advise you to get some help with the application this time because re-applying with the same evidence as before won't help and you may find yourself being refused again, especially after the Tribunal refusal so soon. Contact your local CAB or welfare rights and they'll help you. Good luck.

Yadnad

diane1981 said:

 My only advice is if ur claiming for mental health i wouldnt bother. There not interested and make up there own lies

Many people seem to sail through these assessments etc on the basis of mental health issues and what the impact is because of them.
There are also many that time after time are refused no matter what they do.
In my first PIP claim (transfer from an indefinite DLA award - High Mobility & Care) in 2013, the assessor gave 14 reasons why I am not depressed nor do I suffer from any other form of mental health issue.
This was despite evidence saying otherwise - discharge letters from when sectioned and even a copy of a DWP doctor's report for another benefit that confirmed those issues issued some 2 years previous.

It is not just getting the DWP/assessor to accept what the impact is - they have first to accept that the cause actually exists.

No amount of evidence that was sent in and argued at MR stage would change the mind of the DWP - I do not suffer from mental health problems. I gave up and concentrated only on the physical issues to try to get my points.
Then for the following 2 re-assessments I didn't bother to include any mention of the mental health impact knowing that it would never be believed.

So yes getting the assessor/DWP to accept that you have mental health problems has been a mountain too high for me to climb no matter what the evidence says.

Yadnad

poppy123456 said:

I would advise you to get some help with the application this time because re-applying with the same evidence as before won't help and you may find yourself being refused again, especially after the Tribunal refusal so soon. Contact your local CAB or welfare rights and they'll help you. Good luck.

That is if you have a suitable agency locally that you can access.
Some areas (and this is now an issue that was in the papers recently) are either completely devoid of these agencies or at best they do exist but they are so stretched that an appointment could be many weeks down the line.

diane1981

Yhanx for the reply yadnad, i have to agree we do nit have welfare rights or cab office near me. So im kinda at a loss there. Im hoping since my last assessment my health has deteriated and on different meds and awaiting councelling again this should help. I just dont get why i was awarded it in the first place if this is how they perceive me now when im actually worst 

Amelianna

Hi Diane 1981, I just read about your report and they must have a standard letter of basic lies a think, then they just stick our names in!  My report is almost identical to yours, except that they said that they did not think much of my asthma testing technique:-P!   I hope you can get into counselling soon!  It always really helps me.  I needed a ton of it when I got out of my abusive marriage in 1995.  One of the very few perks of previously having had breast cancer is that I can use the cancer support services.  I am currently in counselling there and have been offered reikki for pain control too.  I am hoping that when I am well enough I can go there and volunteer for them as I owe them a lot!  I wonder if your Dr can refer you to a service in your area who could help you fill in forms and support you.  Sometimes carers support services or social work can help. But your Dr may know more as I know lots of services are stretched just now!  Lots of luck and stay strong!  Their lies have nothing to do with you, it's all nasty tactics!   

Amelianna

P.s. members of parliament can be hit up for support too and may know of other support in your area, fingers crossed

Waylay

Also check out benefitsandwork.co.uk. It costs 20 to join for a year, but they have the most incredible guides. Also check out the following free sites: pipinfo.net and citizens advice: https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/1-your-health-professionals/