Pip

trib21

Just to say to folks don’t give up with applying for what you are entitled to my husband has has had months of worry over pip applies April healthcare professional came out to home July told lies and didn’t discuss anything she stated on her report that she did . Asked for mandatory reconsideration and they did look at it again twice send all sorts of medical evidence however had to go to appeal sent appeal in November received a call 5 days ago saying not going to appeal award made of enhanced care and enhanced mobility backdated to April so keep at it . It’s awful the absolute lies the healthcare professional told etc I’m sure they are all not the same but so not right what is happening to genuine people that really need the help.

April2018mom

Thank you. We are going to apply for DLA next week for our little guy with some special needs. My son’s amazing social worker was the only person who told me about benefits we are eligible for. 

wilko

Well done, yes a lot of misreporting or recording of evidence is going on sometimes claimants don’t help matters  by the way their case is presented and evidence given hence why so many people go for MRs then a Tribunal like your self. So it has proved by your post that persistence is needed.

Yadnad

wilko said:

Well done, yes a lot of misreporting or recording of evidence is going on sometimes claimants don’t help matters  by the way their case is presented and evidence given hence why so many people go for MRs then a Tribunal like your self. So it has proved by your post that persistence is needed.

I don't entirely agree with you. Yes I can understand misunderstandings and assumptions due to missing evidence etc but that does not explain statements made in the report of things that were discussed but weren't or where things are reported to have happened, didn't.

To me those fabrications are nothing more than an attempt to justify an opinion - reporting that the clamant walked 280 metres from the car to the centre as the assessor has already decided that the claim of not being able to walk more than 20 metres is not believed - it just makes the assessor's belief more believable.

Yadnad

April2018mom said:

Thank you. We are going to apply for DLA next week for our little guy with some special needs. My son’s amazing social worker was the only person who told me about benefits we are eligible for. 

Which proves the point that I have made constantly that if you don't know something exists it isn't possible to ask for it - it needs someone to inform of it first, then you can ask about it.
I feel sorry for those who don't even understand the benefit system never mind the specific benefits available or how to claim them.
Good luck.

trib21

We had a horrendous experience and I can assure you the healthcare professional had stuff in her report that were so far from true !! I was disgusted but I had lots of medical evidence brain scan reports my husband has dementia and we were not really aware of this but there were certainly fact things that she should have picked up when he replied to her but she didn’t also after heart attack stroke etc this is the first time in his life we have ever had to apply for benefits but thankfully it has now been resolved 

Yadnad

The only way I could resolve my issues with both the DWP and the assessor who both chose to ignore all of the evidence submitted was to give up with the claim! Not giving it up would probably have seen me back under section again.

trib21

That’s so sad could you not get one of the welfare rights people to help you with forms and appeal so as you can get what you are entitled to . To be fair my husband could not have pursued this on his own as he has been so unwell and got really anxious about it .

Yadnad

trib21 said:

That’s so sad could you not get one of the welfare rights people to help you with forms and appeal so as you can get what you are entitled to . To be fair my husband could not have pursued this on his own as he has been so unwell and got really anxious about it .

I certainly wasn't sad i'm afraid, it was out of necessity. I have never had any help or advice with my PIP applications/reviews (3). Like most I plod through hoping for better times around the corner. You only become entitled when the DWP says you are - before that your only entitlement is the right to make a claim.
I know how your husband feels - I just don't have the strength and ability anymore at 70 to keep on fighting the DWP, even worse still I'm not at all confident in my ability to prosecute an appeal.
 Never mind time for the tablets etc to hopefully get at least 3 hours sleep.
 

justg72

Hi Yadnad 
Yadnad said

I certainly wasn't sad i'm afraid, it was out of necessity. I have never had any help or advice with my PIP applications/reviews (3). Like most I plod through hoping for better times around the corner. You only become entitled when the DWP says you are - before that your only entitlement is the right to make a claim.
I know how your husband feels - I just don't have the strength and ability anymore at 70 to keep on fighting the DWP, even worse still I'm not at all confident in my ability to prosecute an appeal.
 Never mind time for the tablets etc to hopefully get at least 3 hours sleep.
 

Would you fight against them if you was able to find representation support?
in previous posts on scope you have mentioned appealing against their decisions twice by MR and having both decisions changed at this stage. You must have done something right as most M.R.s end up failing so the tribunal route is the only option. The tribunal waiting times are far too long and something needs to be done about this!
You state that your health prevents you from going to a tribunal, however if you were offered representation for a tribunal would that change your mind? If so you could see if this is available. I maybe able to get representation for my tribunal and I am going to ask my advisor about this. I have nearly given up and thought enough's, enough's on many occasions. I also seeked advice from a different agency and received nothing to the other bending over backwards for me . My advisor is going to ask the DWP to look again at the decision, he is waiting for them to send him my tribunal bundle. He said if he thinks I have a winning case he will put it to DWP. The cost of tribunals must be costing the tax payer thousands if not more. Well I am going to fight them, I will let you know the outcome either way.

ricky1040

Yea its a real strange one. I have some faith in people but i am told that accessors for pip are targeted on the amount of people they can reduce award for. I went in to the process completey honest and transparent and as uve said i was mis quoted also in the report. It was infuriating. And my mr was denied. But at tribunal the panel seemed to recognise my genuinity and where really nice. The system does seem to be quite flawed. Yabnad. Have you talked to ur gp at all about how ur feeling. U seem like ur not enjoying life at all. Maybe counselling or something could help u

ricky1040

Justg. The only bit off advice is that u beed to focus on telling the panel the way u are effected the majority of the time. They only take that into account. Use the word majority too instead of some days or sometimes. I was advised this and i was successfull. In my forst interview i tried to give a full picture but the advisor just took the best case scenario and ignored the rest. Good luck

Yadnad

justg72 said:

 

Would you fight against them if you was able to find representation support?
in previous posts on scope you have mentioned appealing against their decisions twice by MR and having both decisions changed at this stage. You must have done something right as most M.R.s end up failing so the tribunal route is the only option. The tribunal waiting times are far too long and something needs to be done about this!
You state that your health prevents you from going to a tribunal, however if you were offered representation for a tribunal would that change your mind? If so you could see if this is available. I maybe able to get representation for my tribunal and I am going to ask my advisor about this. I have nearly given up and thought enough's, enough's on many occasions. I also seeked advice from a different agency and received nothing to the other bending over backwards for me . My advisor is going to ask the DWP to look again at the decision, he is waiting for them to send him my tribunal bundle. He said if he thinks I have a winning case he will put it to DWP. The cost of tribunals must be costing the tax payer thousands if not more. Well I am going to fight them, I will let you know the outcome either way.

Of course I would, I still would like justice, but the problem is, at what price? My health comes first. If there was someone who would want to take the appeal forward without involving me then I would be happy to hand over everything.
Unfortunately that is a pipe dream. I would still have to attend to give evidence and the stress, worry and strain of a 12 month delay would be too much I am afraid.
Yes my previous two MR requests resulted in a complete turn round after I pointed out what the evidence I had sent in showed. For the third MR the DWP said that the evidence from 2011 and 2012 was now too old to be of any real use.

You seem to be well sorted with people watching over you and helping you move forward. 
Yes please let me know how you get on.

Yadnad

ricky1040 said:

Yea its a real strange one. I have some faith in people but i am told that accessors for pip are targeted on the amount of people they can reduce award for. I went in to the process completey honest and transparent and as uve said i was mis quoted also in the report. It was infuriating. And my mr was denied. But at tribunal the panel seemed to recognise my genuinity and where really nice. The system does seem to be quite flawed. Yabnad. Have you talked to ur gp at all about how ur feeling. U seem like ur not enjoying life at all. Maybe counselling or something could help u

Hi, yes my GP is onboard with all of my medical and mental health issues - that is as far as I want them to know! As you say trust is vital and the last time I trusted my GP/hospital with what was going on in my head I was put in a taxi with my CPN and ended up under section in a lock up! Never again.
Life is what you get from it. Resilience is the word, accept what you have been dealt with and try to make the best of a bad job.
I had my first of 12 rounds of counselling last week. Early days at the moment - it all depends on how good they are at spotting deception and deflection.

Tardis

Yadnad, have you tried contacting oldestrocker on rightsnet yet?  They are an advisor working in your area, who deals with cases just like yours.  I am sure they could help.

Yadnad

Are you for real? Why on earth would I want to contact a welfare rights person through that website? I do believe that one has to be a qualified professional member to even post a question on that site as well as pay a subscription fee. 

At least with sites like this one you can have a two way conversation.

Tardis

I am sure there must be some way of contacting them without signing up.  They really do look like the answer to your prayers.

After all, a two way conversation on here is all very well, but it doesn't represent you at tribunal.  

Yadnad

Tardis said:

I am sure there must be some way of contacting them without signing up.  They really do look like the answer to your prayers.

After all, a two way conversation on here is all very well, but it doesn't represent you at tribunal.  

I'm sorry but none of that makes any sense.

From what I understand that website to be for is that you have to be a professional working in the Welfare Rights industry. Ordinary people like you or me cannot access that site unless you are a member of that industry and have paid your fees. 
The site is for those in that industry to bounce ideas off one another. You knowing all of that I can't see how you could suggest that I be allowed to post on that site to just grab somebody and ask them to represent me?

I hope that concludes this rather useless conversation we have going here?

Tardis

I really am hoping this is not useless!  Rightsnet is indeed for professional Welfare Rights people.  There is one in your geographic area, who you haven't had previous experience with, and who appears to represent clients very similar to you.  I would think it would be very much in your interest to at least ask around and see if you can make contact with them in some way.

You keep complaining that there are no advisers in your area.  Oldestrocker appears to be just that.  I just don't understand why you think it is useless for you to consider making contact with them?

trib21

Yadnad people are just trying to assist you and offer ways to help you make your disability benefit application  . I’m sure there are welfare rights advisors who would be willing g to help you with this and I really don’t think the advice is useless at all after all people are wanting to help there is no need to be rude whatsoever I do hope you can make headway with your application.

Yadnad

trib21 said:

Yadnad people are just trying to assist you and offer ways to help you make your disability benefit application  . I’m sure there are welfare rights advisors who would be willing g to help you with this and I really don’t think the advice is useless at all after all people are wanting to help there is no need to be rude whatsoever I do hope you can make headway with your application.

Sorry, but what Tardis suggested is not possible. That particular website as they well know does not accept postings from anybody unless they are Welfare Rights Officers. That site does not offer advice or help directly to the general public - it is only for professionals to use.

I fear that you have missed parts of my previous postings. I have already made an application for a review of my PIP award. The result earlier this year was that the DWP removed my enhanced Care & Mobility award in offering 0 points. It has been through MR and that came back as no change. Hence since the start of this year I have been without any PIP award.

I wasn't being rude just a little tired of that poster trying to make my life more difficult than it is for no good reason.
But I do thank you for you concern.