PIP, DLA and AA
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PIP Disallowed what happens next

standup85standup85 Member Posts: 19 Listener
Hi everyone,
I have just joined, hoping to get some advice.
My son has Aspergers, ADHD, Sleep onset problems, Anxiety and hypermobility. He was in receipt of middle rate care and lower mobility, this will all come to a holt next month due to Pip claim being disallowed. The assessor(Capita) I've already complained about,  lie from the get go, said she started assessment at a time and she hasn't arrived, said my son was alone throughout home visit then further in report states I was with my son. Every descriptor was contradictory to what was said, missed out our answers, a complete lie. I am of course upset about this but I'm going to fight the decision. Wrote a lengthy MD based on report as haven't had letter yet. Any advice of what else I could do?
Thank you in advance.

Replies

  • lindadeniselindadenise Member Posts: 302 Pioneering
    Wait for your letter and do MR i am at tribunal stage the MR didnt work for me.
  • standup85standup85 Member Posts: 19 Listener
    Hi Lindadenise
    Sorry to hear that you didn't get the award at MR stage, how long till your tribunal? 
  • lindadeniselindadenise Member Posts: 302 Pioneering
    I was going next Tuesday 30th October but they rang today to say couldnt get a doctor to sit on panel.
    I have now got to wait for a new date i have waited 23 weeks so far. Its a long drawn out process and so stressful. I hope you win at MR good luck 
  • standup85standup85 Member Posts: 19 Listener
    23 weeks from your disallowed decision? That's a very long time. I went to tribunal with my son's first DLA claim and won. It's just a stressful time. Hopefully you won't wait to long and it will go in your favour in court.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    standup85 said:
    23 weeks from your disallowed decision? That's a very long time. I went to tribunal with my son's first DLA claim and won. It's just a stressful time. Hopefully you won't wait to long and it will go in your favour in court.
    That's actually very quick. Some areas have huge backlogs and people are waiting a year and more for a hearing date.
    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.
  • patriciahendypatriciahendy Member Posts: 20 Courageous
    Keep fighting, report to your MP, the press radio stations, these people are getting away with breach of human rights, Would be interesting to know how much they are paid whilst the sick and disabled are having what is rightfully theirs withdrawn.
  • standup85standup85 Member Posts: 19 Listener
    Hi all, 
    Just an update, sent off a lengthy mandatory reconsideration breakdown all the descriptors, where assessor went wrong etc. 3 weeks later (yesterday) I called up and the new case manager who is looking over my son application is not happy about the report and has sent back to capita for them to explain, the manager in reconsideration team couldn't apologise enough and promised me that I'd have an answer by the end of the week. I am very confused anyone else had a similar situation?
    Lorna
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It could be that the DM noticed contradictions in the report against the evidence you sent. It's purely a guess as no one can predict anything at this stage. Hopefully the decision will change in his favour, it's rare at this stage but it can and does happen. Good luck.
    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.
  • lindadeniselindadenise Member Posts: 302 Pioneering
  • standup85standup85 Member Posts: 19 Listener
  • standup85standup85 Member Posts: 19 Listener
    I was going next Tuesday 30th October but they rang today to say couldnt get a doctor to sit on panel.
    I have now got to wait for a new date i have waited 23 weeks so far. Its a long drawn out process and so stressful. I hope you win at MR good luck 
    Have you heard anything about your appeal?
  • lindadeniselindadenise Member Posts: 302 Pioneering
    Yes my appeal is on the 17/12/18 great a week before christmas. Not looking forward to it, its been so stressful. I will let you know how i get on.
  • standup85standup85 Member Posts: 19 Listener
    Wish you all the best for then.. keep strong. X
  • lindadeniselindadenise Member Posts: 302 Pioneering
    I will keep strong i need to fight to thd end.
    Thank you x
  • ceege4ceege4 Member Posts: 40 Courageous
    Hi @lindadenise
    My whole thing took over 18 months from start to finish but I won at the tribunal. There was so much evidence that the judge made the decision before I was called into the courtroom. I was in there less than 10 minutes. Keep your spirits up and I'm sure everything will be fine. Hope it all goes well 
    😃
  • standup85standup85 Member Posts: 19 Listener
    Oh wow 18months, that must of bern a testing time for you? Well i called 2day Capita sent report back again yesterday so hopefully by end of week I should get a response to the mandatory reconsideration  :)
  • DavidJohn1984DavidJohn1984 Member Posts: 99 Courageous
    @standup85 you can also put in a complaint against the assessor.

    I also had an assessor that misrepresented my whole assessment.

    I think the best thing people can do when this happens is complain to Capita/ATOS so they can start to build up a picture of assessors that give unreliable information. 
  • standup85standup85 Member Posts: 19 Listener
    @standup85 you can also put in a complaint against the assessor.
    Oh I did ;) not letting the assessor get away with what she done. Capita was refusing to take my complaint. Trying to twist my words, eventually after talking to a manager. They have sent me a letter so excited to see what they have said
  • ceege4ceege4 Member Posts: 40 Courageous
    @standup85 hi
    It was an absolute nightmare but I ended up getting more money than I was before. PIP decided I didn't need the higher component of the mobility award but I was entitled to the standard daily living allowance. The judge decided I was entitled to the mobility component and he also said he was awarding me the standard daily living allowance as well so I don't see how my case saved the government any money at all! In fact it is now costing them a lot more! It's a long haul but I beg everyone to keep fighting for everything you are entitled to! 😃
  • standup85standup85 Member Posts: 19 Listener
    Really good hearing positive outcomes, this is taking its toll on me atm. Hopefully it will all come 2 an end soon if not I'm going to fight till the end.  :p
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    ceege4 said:
    I don't see how my case saved the government any money at all! In fact it is now costing them a lot more! 
    What is the length of your award?

    It might be costing the government more but I do worry if the award is only for a couple of years. People are reporting that the next re-assessment the DWP are likely to award exactly what they awarded you initially with the current claim. They are citing that the Tribunal made an error in granting the award. 

    Let's just hope that the Tribunal gave you the 10 year period.
  • DavidJohn1984DavidJohn1984 Member Posts: 99 Courageous
    @standup85 no way!! Capita told me I couldn’t complain either... then they passed me onto DWP who then passed me back to Capita!! I was eventually given the email by a charity who is helping me out with my Appeal. Crazy how they try and stead you away from complaining. 
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    @standup85 no way!! Capita told me I couldn’t complain either... then they passed me onto DWP who then passed me back to Capita!! I was eventually given the email by a charity who is helping me out with my Appeal. Crazy how they try and stead you away from complaining. 
    Well to put it bluntly they don't want anyone to complain. They will put up barriers so as to put people off.
  • ceege4ceege4 Member Posts: 40 Courageous
    Hi @Yadnad yes I did get the 10 year period 😃
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    ceege4 said:
    Hi @Yadnad yes I did get the 10 year period 😃
    Does the new DWP decision letter also give 10 year award ?
    It is not unknown for the DWP to alter the length of award
    Be all you can be, make  every day count. Namaste
  • ceege4ceege4 Member Posts: 40 Courageous
    Hi @CockneyRebel yes DWP letter stated 10 years
  • standup85standup85 Member Posts: 19 Listener
    @standup85 no way!! Capita told me I couldn’t complain either... then they passed me onto DWP who then passed me back to Capita!! I was eventually given the email by a charity who is helping me out with my Appeal. Crazy how they try and stead you away from complaining. 
    Yep had 30 mins of them trying to tell me it's dwp I need to contact. I told them your company name on the letterhead, your contracted by dwp, you came out to my house, so you I'm complaining to are you refusing to take my complaint 🤣😂🤣manager couldn't catch his breath. I'm hoping now after this fight the MR goes in my favour.
  • DavidJohn1984DavidJohn1984 Member Posts: 99 Courageous
    @standup85 my MR was upheld, even though I gave proof about the assessor lying when she said I attended alone to a test centre. It was carried out at my home. I even sent in photos, hospitalisation letters etc but nothing. So i’m Hoping this complaint will give me some leeway into getting another MR failing that I shall make another claim for PIP and wait till my Tribuneral in 30+ weeks 🙈
  • DavidJohn1984DavidJohn1984 Member Posts: 99 Courageous
    What shocks me is the fact nursing professionals are supposed to report factual evidence and carry out their job with integrity. Because if your in a hospital/nursing establishment and you lie/missrepresent the truth your losing your job or at least facing a disciplinary. So there should be some sort of consequence for lying/misrepresenting on the assessments.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    The assessor's report is not a statement of fact. It is merely an opinion. Much the same as my window cleaner could give you.
     

  • DavidJohn1984DavidJohn1984 Member Posts: 99 Courageous
    @Yadnad yes but what i’m saying is when there is clear evidence that an assessor has lied/misrepresented the truth not just once but on more than one occasion they should be held accountable for it. 
  • standup85standup85 Member Posts: 19 Listener
    Most definitely, but they walk away to donthe same again 
  • lindadeniselindadenise Member Posts: 302 Pioneering
    @ceege4 thank you i will let you know how i get on at Tribunal.
  • ceege4ceege4 Member Posts: 40 Courageous
    @lindadenise
    Yes, please let me know how you get on. Fingers crossed 
    🤞🤞🤞🤞😃
  • standup85standup85 Member Posts: 19 Listener
    Hi all 
    Just a  quick update
    Called 2day and they said the decision maker was just waiting on a progress update as MR has been fastracked since its being received back from Capita, they know they've got till tomorrow to make a decision. So hopefully . :#
  • ceege4ceege4 Member Posts: 40 Courageous
    @standup85 fingers crossed! 🤞🤞🤞🤞🤞😃
  • standup85standup85 Member Posts: 19 Listener
    @ceege4 thanks..this is such a long, stressful process. 
  • ceege4ceege4 Member Posts: 40 Courageous
    @standup85 you are so right but hang in there! From start to finish mine took over 18months. I lost my car and I lost a lot of confidence in myself but I won in the end! If you feel you are entitled to your claim then fight for it! I nearly gave up many times but I'm so glad I didn't. It was really worth it in the end. Just shout on here if you need to rant or if you need some support. Someone will always answer you! Take care and keep fighting! You can do this! 😃 x x
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited November 2018
    @Yadnad yes but what i’m saying is when there is clear evidence that an assessor has lied/misrepresented the truth not just once but on more than one occasion they should be held accountable for it. 
    Maybe the assessor either didn't believe what you had said or put on the claim form. Maybe the evidence that you sent over didn't specifically identify the descriptors that you thought applied.

    As I have said it is just an opinion. All three of my assessment reports over the past 5 years were the same. The assessor probably thought that I was not a credible individual, my attitude and body language would have given that impression. The evidence that I had was deemed to be too old and not reliable and that I had not made a strong enough case for enough points when I filled out the claim forms. Personally I never cared what the assessor thought or said of me - I know the truth and that was all that mattered.
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    edited November 2018
    standup85 said:
    23 weeks from your disallowed decision? That's a very long time. I went to tribunal with my son's first DLA claim and won. It's just a stressful time. Hopefully you won't wait to long and it will go in your favour in court.
    That's actually very quick. Some areas have huge backlogs and people are waiting a year and more for a hearing date.
    45 weeks in the North West and likely to get worse as there’s a shortage of medical professionals.

    Keep fighting, report to your MP, the press radio stations, these people are getting away with breach of human rights, Would be interesting to know how much they are paid whilst the sick and disabled are having what is rightfully theirs withdrawn.
    There’s no breach of Human Rights here and most tribunal panels get paid very little given what they do. The medical professional and disability qualified member are fee paid and will often not sit enough to survive on that alone each month. Fee paid judges can have entire months with no work. Only the salaried judges are earning in any significant way.

    Many HCPs are young, part-time and having to work 2 or 3 jobs to get by.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger







    Many HCPs are young, part-time and having to work 2 or 3 jobs to get by.
    Blimey Mike carry on like that and I'll be crying in my Kellogg's in the morning!
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    I like being fact based. I understand why people may take against people in such roles but when the comments spill into inaccuracy or personal abuse and/or vitriol I’m happy to step in and correct erroneous nonsense.
  • standup85standup85 Member Posts: 19 Listener
    Hi all,
    If not correct a decision manager can't give u an yes or no answer on decision if letter hasn't been sent yet? Apparently they can't? 
  • standup85standup85 Member Posts: 19 Listener
    Update.. spoke to a nicer person who could only see they my son has finally been awarded standard care and mobility. Can only see payments from 21st to 23rd as his dla came to an end 20th Nov. Will they backdated the claim to when we claimed in July? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    standup85 said:
    Hi all,
    If not correct a decision manager can't give u an yes or no answer on decision if letter hasn't been sent yet? Apparently they can't? 
    I'm sorry but i don't understand what it is you're trying to say.
    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.
  • standup85standup85 Member Posts: 19 Listener
    @poppy123456
    Hi it's ok now the DM was being awkward, a customer service agent told me he was awarded
  • patriciahendypatriciahendy Member Posts: 20 Courageous
    What about the previous statement from Downing Street? "No disability claimant will lose out as a result of PIP changes!!!
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    standup85 said:
    Update.. spoke to a nicer person who could only see they my son has finally been awarded standard care and mobility. Can only see payments from 21st to 23rd as his dla came to an end 20th Nov. Will they backdated the claim to when we claimed in July? 
    PIP will begun the day after DLA ceased no back dated payments are payable before that date even if a higher award has been made
    Be all you can be, make  every day count. Namaste
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited November 2018
    What about the previous statement from Downing Street? "No disability claimant will lose out as a result of PIP changes!!!
    And you actually believe everything that a politician or a newspaper says??

    What you have quoted may only part of a statement that was intended to have been printed. 

    Much the same when I am faced with an angry resident who wants to know why his council tax bill has gone up by 34% over the past 2 years.

    You have to show it in another more palatable way such as the 34% in terms of cash only amounts to the cost of an extra packet of cigarettes a week.

    It's how you say it to get the maximum support - funny old thing is public opinion.

     
      
  • mikehughescqmikehughescq Member Posts: 5,298 Disability Gamechanger
    standup85 said:
    Update.. spoke to a nicer person who could only see they my son has finally been awarded standard care and mobility. Can only see payments from 21st to 23rd as his dla came to an end 20th Nov. Will they backdated the claim to when we claimed in July? 
    PIP will begun the day after DLA ceased no back dated payments are payable before that date even if a higher award has been made
    PIP payments start 4 weeks after DLA ceases. 
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