PIP, DLA and AA
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PIP experiences (DWP deliberately not recording mental health issues)

KarmaMarKarmaMar Member - under moderation Posts: 73 Courageous

Around 2 years ago I had someone from the DWP stood in my flat stating that I had not sent my PIP claim in (from DLA). Correct I stated showing him a pile of unopened letters from the DWP, this is why.

So he made an appointment for another DWP official to come and fill in the paperwork for me, of course there was a phone call and I had to answer security questions.

Then 2 or 3 weeks later another DWP visitor with the forms, it came to my mental health and the reply back from him was that "it is not important and will not be examined", strange I thought at the time but I gave him a letter stating all my health, mental and physical and off he went.

Then it came to my medical assessment, again the nurse stated that mental health was not an issue and indeed at that time, before the court judgement which over turned it, mental health was not an issue or recorded by the DWP.

The court order forced the DWP to go back through every PIP claim to see if they had failed for mental health checks last Feb, only they did not record my mental health so there was nothing to review. APART from previous DLA claims, medical records and the letter I sent off with the main form. Opps!

So now I wait for tribunal and have sent in more evidence showing records etc, including the disappearing letter as well as the a letter from the DWP stating my mental health issues in 2010.

The DWP were even adamant that the high blood sugar comas I have every day didn't happen and if they did I should be in hospital, so the extensive nerve damage I have also does not exist, but thanks to a recent eye test I can now prove I am going blind because of the retinopathy.

These were not new claims or a new claimant for benefits to the DWP. But to ask people how they get on with others or their mobility and refuse point blank to understand or record the mental health issues faced by someone with PTSD for a DISABILTY benefit is just criminal.

I was not looking forward to the tribunal with no support for me but now I say bring it on!


Replies

  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    KarmaMar said:

    Around 2 years ago I had someone from the DWP stood in my flat stating that I had not sent my PIP claim in (from DLA). Correct I stated showing him a pile of unopened letters from the DWP, this is why.

    So he made an appointment for another DWP official to come and fill in the paperwork for me, of course there was a phone call and I had to answer security questions.

    Then 2 or 3 weeks later another DWP visitor with the forms, it came to my mental health and the reply back from him was that "it is not important and will not be examined", strange I thought at the time but I gave him a letter stating all my health, mental and physical and off he went.

    Then it came to my medical assessment, again the nurse stated that mental health was not an issue and indeed at that time, before the court judgement which over turned it, mental health was not an issue or recorded by the DWP.

    The court order forced the DWP to go back through every PIP claim to see if they had failed for mental health checks last Feb, only they did not record my mental health so there was nothing to review. APART from previous DLA claims, medical records and the letter I sent off with the main form. Opps!

    So now I wait for tribunal and have sent in more evidence showing records etc, including the disappearing letter as well as the a letter from the DWP stating my mental health issues in 2010.

    The DWP were even adamant that the high blood sugar comas I have every day didn't happen and if they did I should be in hospital, so the extensive nerve damage I have also does not exist, but thanks to a recent eye test I can now prove I am going blind because of the retinopathy.

    These were not new claims or a new claimant for benefits to the DWP. But to ask people how they get on with others or their mobility and refuse point blank to understand or record the mental health issues faced by someone with PTSD for a DISABILTY benefit is just criminal.

    I was not looking forward to the tribunal with no support for me but now I say bring it on!


    Wow, I fully understand and appreciate your problem as I have been there myself.

    It just seems that the DWP and it's agents for PIP seem to think that having a mental illness is just one of those things where everybody gets a bit down now and then.

    Like you I have an extensive history going back to 1995. The history comprises of various police reports that outlined how and why what happened re the PTSD, mental health assessments, discharge documents when I was sectioned, OT assessments as to my capabilities and deciding that I cannot live on my own, DLA claims and evidence sent in since 1995 up to 2011. And finally a DWP doctor's report that I have lost 40% of my mental capabilities through PTSD and an acquired brain injury. As a result of that assessment I was assessed and awarded since 1995 to current date, a DWP benefit for life.

    However three PIP assessments later which all gave me 0 points (previously DLA indefinitely High Care & Mobility) the assessor reports stated 14 very good reasons (in their opinion) why I have never had an mental illness - seems therefore that I am receiving another DWP benefit illegally for that condition.
     
    Talk about trying to push water uphill - I just gave up, the fight became too much to bear.

  • topshoestopshoes Member Posts: 443 Pioneering
    edited October 2018
    @KarmaMar and @Yadnad The more I hear about what going / gone on is so unbelievably to do with pip and all of the orther benefits , you never know what's gos on only what you been through untill you come on here with it all , thank you for sharing, at the end of the day you learn off other people and I am no good at spilling lol  xx
  • barrychucklebarrychuckle Member Posts: 1 Listener
    Sorry I have signed up just to ask this because its making me crazy with anxiety

    why was the dwp person there if you had not claimed pip? do they just visit you if you are late returning the dla-pip form?

    i thought they just suspended then cancelled it?
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    The claimant may well be known to the DWP as a vulnerable person.
    They do actually go out of their way to help those that can't help themselves even to the point that returning the PIP2 is not a requirement - the claimant will go straight to a fact finding face to face assessment.

  • KarmaMarKarmaMar Member - under moderation Posts: 73 Courageous

    Hi Barry, apparently because I was on DLA and they sent the forms out for the PIP change over, they put a time limit on returning them of 2 or 3 months(?) After that time not hearing from me they sent the DWP officer out to check everything was ok, he could not or would not fill out the forms for me so he made the appointment for another DWP officer to come out to my flat while the DWP sent out another set of forms for PIP to me. Actually it was weird because the first one also left me a sheet of phone numbers one of which I had to ring when I had got the new forms sent to me and make the appointment, which I did.

    Also of note in my tribunal DWP reply they claim that I made the PIP application by phone, which of course I did not, the only times I spoke with the DWP over the phone were to confirm that their representative was filling in the forms for me and usual security details. (I also really do not do phone calls as well as open brown envelopes from the DWP).


  • KarmaMarKarmaMar Member - under moderation Posts: 73 Courageous

    Please, PLEASE, anyone with mental health issues and who was turned down for PIP and gave up BEFORE February this year re-claim for PIP!

    The DWP have been forced by a High Court order to examine mental health issues now, before Feb 2018 they did not.

    This is a known legal issue, I know how hard it is to get it but taking into account the shortfall of DLA payments compared to PIP payments and then the stopping of my DLA benefit completely you are talking just short of £5000 (assuming staying at lowest level PIP) and £5000 is a hell of allot of money to be missing!!!!


  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    KarmaMar said:

    Please, PLEASE, anyone with mental health issues and who was turned down for PIP and gave up BEFORE February this year re-claim for PIP!

    The DWP have been forced by a High Court order to examine mental health issues now, before Feb 2018 they did not.

    This is a known legal issue, I know how hard it is to get it but taking into account the shortfall of DLA payments compared to PIP payments and then the stopping of my DLA benefit completely you are talking just short of £5000 (assuming staying at lowest level PIP) and £5000 is a hell of allot of money to be missing!!!!


    Have you got a link to either the court case or the revised legislation?

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    KarmaMar said:

    Please, PLEASE, anyone with mental health issues and who was turned down for PIP and gave up BEFORE February this year re-claim for PIP!

    The DWP have been forced by a High Court order to examine mental health issues now, before Feb 2018 they did not.

    This is a known legal issue, I know how hard it is to get it but taking into account the shortfall of DLA payments compared to PIP payments and then the stopping of my DLA benefit completely you are talking just short of £5000 (assuming staying at lowest level PIP) and £5000 is a hell of allot of money to be missing!!!!


    Do you mean the following and planning a journey changes that took place last year? If so then not everyone will qualify for the mobility award, even with the changes in place. https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

    Community champion and 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.
  • topshoestopshoes Member Posts: 443 Pioneering
    edited October 2018
    if i was you would  not put any any legal paper work on here or any sort as they could be copied , and they would know your name xx 
  • KarmaMarKarmaMar Member - under moderation Posts: 73 Courageous
    Yadnad said:
    KarmaMar said:

    Please, PLEASE, anyone with mental health issues and who was turned down for PIP and gave up BEFORE February this year re-claim for PIP!

    The DWP have been forced by a High Court order to examine mental health issues now, before Feb 2018 they did not.

    This is a known legal issue, I know how hard it is to get it but taking into account the shortfall of DLA payments compared to PIP payments and then the stopping of my DLA benefit completely you are talking just short of £5000 (assuming staying at lowest level PIP) and £5000 is a hell of allot of money to be missing!!!!


    Have you got a link to either the court case or the revised legislation?

    https://www.independent.co.uk/news/uk/home-news/government-review-16m-disability-benefit-claims-personal-independence-payment-pip-high-court-ruling-a8184381.html

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/review-of-your-pip-claim/the-dwp-are-reviewing-your-pip-claim/

    https://www.mentalhealthandmoneyadvice.org/en/top-tips-advice/what-the-2018-pip-ruling-means-for-those-living-with-mental-health-issues/

    Sorry, not found actual court documents yet on the high court ruling,... still looking.

  • Heidi415Heidi415 Member Posts: 32 Courageous
    Hi everyone. I have found the following information on the Rightsnet forum:
    'Due to a shortage of staff – and the fact that they need to train staff – it is going to be a very gradual roll out with letters going out to the general population from 24 september. It is likely the whole exercise will take at least two years.

    Letters refer to a review due to ‘a change in law’ and, we are told, will confirm to the claimant that their award cannot reduce as a result of this review which is limited to the specific criteria in the judgments above.

    Following the review, decision letters will go out whether the award is changed or not, and giving rights of mandatory reconsideration and appeal.

    We asked whether claimants could put themselves forward for the review ahead of receiving the letter and still be guaranteed no reduction in award but the DWP were unable to answer that currently although they said they would get back to us.'

    So even though the DWP stated people affected would be identified and receive any backdated money by late summer, they have only been doing so for the past month. The only thing you can do is wait I am afraid.

  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    Heidi415 said:
    Hi everyone. I have found the following information on the Rightsnet forum:
    'Due to a shortage of staff – and the fact that they need to train staff – it is going to be a very gradual roll out with letters going out to the general population from 24 september. It is likely the whole exercise will take at least two years.
    I wonder where they are finding these people from? I can't imagine that many who are claiming jobseekers will have the intimate knowledge of the relevant legislation given that 'training' is of such a short time frame.

    Then we have them moving staff across from other DWP departments to UC to try to sort that mess out. 

    No wonder that there are massive delays in the PIP department - they must be operating on a skeleton staff basis and probably using their existing kitchen staff and cleaners as decision makers!! 
  • cokeen43cokeen43 Member Posts: 23 Connected
    They totally disregarded my mental health issues when i applied in august 2016 and i cannot claim because i was awarded daily living 9 weeks before the judgement its appauling, they are discreminating against mental health now after the ruling more than ever, system in turmoil, 
  • cat6873cat6873 Member Posts: 36 Courageous
    Hey I'm sort of happy I'm not alone in this mess  :( I was in ESA support group from 2014 to 2016 (got 15 points for mental health) failed UC medical in 2016 (0 points) so for the DWP I'm now cured but last year I've got daily living in PIP! Really this is a case where they don't know who's doing what. I'm not giving up though. My tribunal appeal is in 4 days' time and I have no choice but to go alone. Please stay strong and do not give up!
  • KarmaMarKarmaMar Member - under moderation Posts: 73 Courageous

      :) cokeen43 & cat6873

    Mental health is of no stigma to myself, sadly in the society still to this day it is (despite all the many celebs disclosing their issues daily) and seen as a weakness and repeatedly exploited by those who should know better and could do much better!

    I have to watch very closely what I say or do because of those who would openly exploit any weakness I show to cover up their own failings and malice.

    So I taunt them with it, because I can and I am very exceptionally clever :) it draws them out exposing them where I can record those incidents, I have recorded many of these incidents. But I digress...

    As a great deal of you will know or have experienced there is little care about your own mental health from so called professionals, even when you are desperate and suicidal. In my case it was the same UNTIL I started standing up for my Rights, then suddenly the mental health teams, police etc. were all over me like flies on a dog poo.

    Mental health for me is not a weakness, the PTSD has turned me into something very different; I taught myself mindfulness, I am highly resilient, observant, stoic. I had to learn about tenancy rights, Human Rights, mental health laws etc. to fight against the systematic daily abuses from all quarters around me while all the time I am extremely physically ill and under constant antisocial behaviour from neighbours etc.

    It was so much easier for them because I have been alone through all this, no one else to witness the abuses, or so it seemed.

    Thank you all for sharing, I hope we can make a difference.


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