PIP, DLA and AA
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PIP refused

WillwillWillwill Member Posts: 67 Courageous
My name id Will and 69 years of age. Have been on DLA then to PIP, had home visit from CAPITA  as unable to attend a visit  there office,, 
had my sister with me as I suffer with depression and anxiety , also I have osteoarthritis in my ankles  and rheumatoid arthritis , I also suffer from nerve spinal problem , after the home visit DWP  wrote to me saying I have 0 points , a complaint has been made to DWP of the CAPITA  falsely reporting that I could walk with out any  problem !!, although I did not get out of my chair, My sister tried to help me in decisions but was totally ignored by the interviewer
 I am also diabetic as my pancreas is not functioning as it should  

The lady I phone to at DWP was very nice indeed and helped me with a "MANDATORY CONSIDERATION"  complaint ,, she was wonderful as suffer from anxiety as trouble communicating with people  , but she took details to refer this 
she went through a process with me to put in my details and now awaiting response .My sister is also writing a letter to them as she witness the interview and very shocked of the interviewer false allegations 
I await with no hope of this being resolved as DWP  are cutting neccesary help for the elderly it seems 
regards Will

Replies

  • pixie61pixie61 Member Posts: 67 Courageous
    I was on enhanced DLA for 11 years & having gone through a pip migration claim, my care was reduced to standard & nothing for mobility. The assessors report was full of lies, this is what they do & get away with it. After my MR I got enhanced care again but only standard mobility. Now sorting out going to tribunal. It’s so frustrating we have to justify & fight for some money to help us live a ‘normal’ life. It’s the injustice that we are judged & then lied about. It’s  Discrimination in my mind!! All I can say is fight, stay strong, ask for help with your local MP or citizens advice! You don’t have to do it on your own. Gently hugs xx
  • wilkowilko Member Posts: 2,284 Disability Gamechanger
    @pixie61; hello as you where on DLA and then migrated to PIP you well know the two benefits where and are accessed using two different criteria’s. Whereas DLA was about your diagnosis, disability and illnesses PIP is all about your abilities as you know from filling in the application form, the impression that we get from having our acessments is that the acessor lies, in our opinions it may and does come across as so. We only meet one acessor once every three years or so whereas the acessor meets claimants with different stories, situations daily and are able to come to an opinion, asumsuions from their experience of acessments as to our abilities to meet the PIP descriptors which is what the acessment is all about nothing more or less. It’s up to us to prove and give evidence and examples of why we can’t meet, do the descriptors, by not doing so leaves us at the mercy of the acessor to assume we are lieing, making it up trying to pul a fast one. We go in with all honesty but we are let down by are lack of evidence to support our claim.
  • BungalowBungalow Member Posts: 43 Courageous
    Sorry Wilko I disagree with you. It is a fact thousands of people cannot be getting it wrong and there is clear evidence of assessors lying, true not all of them, there are good one's out there.

     I followed everything researched it and made sure I was ready I knew what I needed to do. My report was filled with inaccuracies and errors call it what you will they are based on an assessors assumption on the day and they rarely check your evidence on how it effects you even if it is given. It is known Atos and Capita  are not following guidelines our own government have implemented for the PIP criteria. This is a fact raised in parliament, is this lying? or a bonus scheme whatever it is it is clear it's not fit for purpose  . 

     The rise in appeals and still rising answers the question about assessors failings not that the claimant is at fault which seems to be the common theme  .
  • YadnadYadnad Posts: 2,856 Member
    Bungalow said:

     The rise in appeals and still rising answers the question about assessors failings not that the claimant is at fault which seems to be the common theme  .
    I don't agree. In the main it is the fault of the claimant.
    Most claimants fail to complete the claim form in the correct manner. If the application form made a watertight case with supporting evidence, you would find that the assessor really has no room to move to make assumptions.
    I am guilty of this myself, I don't understand PIP and to put it bluntly I don't have the inclination of sitting down for hours trying to understand it. I have never had any help from filling in the claim forms and in fact was not very proactive in looking for it. I don't have the determination anymore.
    Consequently my reports were terrible, but I have only myself to blame and have had to fight every decision made - three since 2013.

  • BungalowBungalow Member Posts: 43 Courageous
    I agree the PIP forms are difficult to navigate. A  lot of people use the CAB and have them done for them as the government has given funding to help people who struggle filling the forms in and understanding what is expected of them and peeps are still failing at the assessment. However peeps have gone to appeal and done nothing different.

    The stats recently released by DWP under duress may I add with the freedom on information act , shows nothing was done any different when attending their assessment but they have won their appeal. DWP are trying to say it is due to more evidence when they go to appeal for the majority this was not the case when the stats came out?

    An assessor can manipulate with an incentive of a bonus to get more assessments done, this probably leads to errors ( I am being polite here) going from my own experience. There are good assessors who have value's but they don't last long in the role as their conscience gets the better of them

    Why are the government putting in recordings and doing trials at the moment? because there is no trust in these assessments. Yes there are areas where a claimant isn't able to navigate these forms they are designed for that, but it is not done for a goal. The PIP assessment is to get the cost of disability claims down. 

    To think you could have a waterproof evidence is laughable they can move the goal post at any time and do . They have the training to do this.

    I hope after 3 attempts yadnad you would find the strength the apply again and look at how to give yourself the best possible chance, even though it is luck sometimes which shouldn't be the case :smile:  



     
  • YadnadYadnad Posts: 2,856 Member
    Bungalow said:
    I hope after 3 attempts yadnad you would find the strength the apply again and look at how to give yourself the best possible chance, even though it is luck sometimes which shouldn't be the case :smile:  

    No, this appeal is the last throw of the dice. If I fail at the Tribunal then being over 65 (shortly to be 71) I am not able to claim PIP again - as the government say, a disability after the age of 65 isn't a disability at all, it is nothing more than part of the normal aging process that everybody has to accept.
  • YadnadYadnad Posts: 2,856 Member
    ilovecats said:
    Yadnad said:
    I don't agree. In the main it is the fault of the claimant.
    Most claimants fail to complete the claim form in the correct manner. If the application form made a watertight case with supporting evidence, you would find that the assessor really has no room to move to make assumptions.
    I am guilty of this myself, I don't understand PIP and to put it bluntly I don't have the inclination of sitting down for hours trying to understand it. I have never had any help from filling in the claim forms and in fact was not very proactive in looking for it. I don't have the determination anymore.
    Consequently my reports were terrible, but I have only myself to blame and have had to fight every decision made - three since 2013.

    Secondary to what Yadnad said, if claimants were able to provide all the correct and relevant information with robust medical evidence prior to assessment and realistically fill out the forms correctly without overstated what they believe they are entitled to, then more assessments would be completed by office staff who do Paper based reviews rather than dragging everyone to a face to face assessment. 
    Absolutely, either do the claiming process correctly or don't bother at all.
    All of the appeal hearings, face to face assessments, delays with both the Tribunal Service and the DWP can be put at the doorstep of those that don't claim in the proper manner. That failure wastes taxpayers money and the time of the DWP that could be better spent dealing with more important matters.
  • WillwillWillwill Member Posts: 67 Courageous
    PENALTIES  for having too much monies in current  bank account , looking for advice please 

    Hello to all , just to reiterate that I won my appeal 3 /10/2019 ,,,
    I have had phone call from DWP on my PIP and asked for bank details ect for back payment , I am pleased with the decision
    On a separate issue  with same phone call ,I asked a question the DWP on my back pay of Severe Disability Premium as this was stopped when DWP took away my PIP   , DWP quoted I would have to contact  Pension Credit  department , as this will come under Pension Credit 
     payment 

     When  I do contact DWP Pension Credit department of my back payment , this Severe Disability Premium and also  PIP  back payment  could push my bank  account over the threshold for Pension Credit and be penalised with the high level of payment 
    If and when I get payment/s  Is there a time scale as I have been informed that ,,  this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time.

    regards Will


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Willwill backdated money is indeed disregarded for 1 year when claiming all means tested benefits. Also because you're claiming pension credit then the minimum amount of savings is £10,000 but there's no upper limited. Once you go over this amount your pension credit it reduced accordingly.

    If after the 1 year you have more than £10,000 then you'll need to contact pension credit, otherwise there's no need to contact them.
    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.
  • [Deleted User][Deleted User] Posts: 231 Pioneering
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  • WillwillWillwill Member Posts: 67 Courageous
    @poppy123456 ,,Thankyou Poppy,  for your advice you seem very knowledgeable in your work here for our community forum . once again THANKYOU, have a lovely weekend 
    regards Will
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Willwill You're welcome and thank you for those kind words. All my knowledge comes from a mixture of my own experience and research. The research was purely to help others.

    You have a lovely weekend too! :)
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    Willwill said:
    PENALTIES  for having too much monies in current  bank account , looking for advice please 

    Hello to all , just to reiterate that I won my appeal 3 /10/2019 ,,,
    I have had phone call from DWP on my PIP and asked for bank details ect for back payment , I am pleased with the decision
    On a separate issue  with same phone call ,I asked a question the DWP on my back pay of Severe Disability Premium as this was stopped when DWP took away my PIP   , DWP quoted I would have to contact  Pension Credit  department , as this will come under Pension Credit 
     payment 

     When  I do contact DWP Pension Credit department of my back payment , this Severe Disability Premium and also  PIP  back payment  could push my bank  account over the threshold for Pension Credit and be penalised with the high level of payment 
    If and when I get payment/s  Is there a time scale as I have been informed that ,,  this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time.

    regards Will

    UPDATE TODAY 21/10/19
     Phoned DWP Pension Credit today 21 October ,concerning my Severe Disability Premium back payment as advised by DWP PIP  department  to contact them as separate department  ,,, Pension Credit department say I have to contact PIP department to contact Pension Credit department !!!!  ""the mind boggles"" 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Pension credit should automatically contact PIP to check what award you have.
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    @poppy123456 ,  Hello again,,,,,after DWP confirmed last week from  21/01/19 of payment refund   ,, I phoned Pension Credit today as advised by PIP department  ,,,after  8 phone,, (1hour 35 minutes)   calls back & forth PIP  and Pension Credit  departments of back payment from 22/01/19 , all sorted ,,,. then had call  back from Pension credit to say can only pay from 23 /03/19 NOT  from 21/01/19  , the reason is I Had overpayment  ££££ between 22/01/19 to 23/03/19 as my PIP had been stopped and overpaid pension credit on SDP ,,,  where I immediately paid this back by debit card  in April this year to the DWP debt department ,  
    Pension Credit  NOW say  I have to contact debt management  for this repayment I paid back from 22/01/19 to 23/03/19 which I have done  
    The debt management said they cannot pay this back until they have been told of the tribunal award has been granted where they cannot see it on their system !!!!!!!!!! then  again phone call back to Pension Credit department of this ,,, Pension Credit department are now going to contact DWP DEBT department to instruct for repayment from 22/01/ to  23/03/19 the so called debt I owed at the time , now after my tribunal 3/10/19 AWARD there was not a debt  !!!!
    Also from this phoned DWP PIP to confirm of my award . DWP PIP CONFIRMED  this  also said It had and payment will be in bank by this Thursday,,,,
    !!!!!!!!!!!   I realise there are different departments in DWP but you would think they would be on the same page 

    anyhow , cupa tea time 
    to recap I would have thought PIP would automatically  contact Pension Credit as my CAD support said !!!

    tata for now regards Will
  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    These stories continue and I also think the average Joe Bloggs does not have the ability or confidence to fill in a successful PIP claim form. Most of us need help. Many don't realise, unless they`ve read Scope`s advice about describing how a condition affects their ability to carry out the descriptors....AND not just saying what their diagnoses and conditions are named.

    I`m not an adviser but have tried to help people understand the difference and they`ve replied by saying they didn't realise where they were `going wrong`.

    By the way...have you all signed the petition?

    Best wishes to all xxx
  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    @pollyanna1052    Hello ,,,this story is not about claim forms ,its about  after  my tribunal has awarded in my favour its about payment that DWP have to comply with , It's about complications between each department of DWP  which is:-
     
    PIP department  ,  Pension Credit department  and DWP debt department ,,

     each department  is not communicating with each other , which is my remarks early  were about communication between DWP  to another DWP department , hence ,one department commenting to ME what the other should be doing,,  then the  other department saying different ,,, hence 8 phone calls this morning to and fro to get regulatory and confirmation 

    regards Will

    all sorted now (cross fingers)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes indeed you would think they would communicate with each other because they are all part of DWP like you said. -Rolls eyes-

    PIP wouldn't automatically contact pension credit because the SDP isn't automatically paid because of the criteria, even though you previously claimed it, it doesn't mean you're automatically entitled to it again because they won't know your circumstances and they could have changed in that time.

    Despite the run around i'm glad you finally got it sorted. :)
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    UHO......not sorted !!!!!!!!!!!!  my SDP I  should have  back pay updated from 22/01/19 ,,as I had been overpaid £514 between 22/01/19  to 23/03/19 ,so immediately paid DWP  back by debit card ,,but as quoted above they can only backdate from 28/03/19  as I have to chase DWP management for the £514  ,,,,from there with to and from there a lady from DWP PC  on 21/10/19 said would phone the DWP debt department to sought this out and would phone me back if there was any problems , no phone call ,all is well
    23/10/19 I decided to phone DWP DEBT  department to clarify, !!!!!!!!!  a man Shawn told me they knew nothing of this, £514 t be backdated ,the lady on the 21/10/19 did not contact them as it would have been on their system Shawn was going to pay me back £514 into my bank but his advisor gave him instructions not t d so , Shawn has now has contacted another office to pay me of this monies , as he was not allowed to do so, and to ring back in 5 days if no contact !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    going to hoover my hair off the carpet floor  now 

    tomorrow is another day , regards to all  ,, de Will
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Oh @Willwill!! I cannot imagine how frustrating this is! It really is like going round in circles!  :#
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    Scope

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sounds exactly like DWP, the left hand doesn't know what the right hand is doing, very frustrating! I hope it's sorted soon.

    Just to add, hoovering your hair off the floor did make me laugh though. Sorry but i couldn't help it, that mental image of someone doing that.. thanks for the laugh today, i needed it... bad day and want to SCREAM myself. We should join the screaming club? If i find a club, i'll let you know ;)
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    @poppy123456 glad I made you giggle ,,,not so good for the cat though, the cat jumped through the window, should have put my glasses back on when I got the  hoover  out , gotta get the glazier in  now , it's bit drafty now,,,. Gonna have to train that cat to open windows :#
  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    @ Cloie_Scope thank you , yes the circle is getting bigger :D    poppy123456 is organising  a  SCREAMING club,, you wana join us :D:D 
    be good  de Wills
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Willwill said:
    @poppy123456 glad I made you giggle ,,,not so good for the cat though, the cat jumped through the window, should have put my glasses back on when I got the  hoover  out , gotta get the glazier in  now , it's bit drafty now,,,. Gonna have to train that cat to open windows :#
    OMG haha that's so funny. OMG that mental image of the cat, poor thing! Made me think of my cat and the hoover which he's scared to death of and runs everytime my daughter touches it :D

    As for the draft with the window, grab a blanket or 6 ;)

    It's good to laugh, especially with the day i've had. Thanks for making my day brighter and i'm sorry it was at your expense :D;)
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    @poppy123456 That's OK poppy  ,, cat is back and is a sleep  (watchin me) lay on the blanket !!! with one beady eye open , probably cus I found some double sided tape to fix my hair o:):p
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    I wasn't expecting to have a chuckle so early in the morning, thanks @Willwill! I hope you get this resolved soon (for your cat's sake if nothing else! :D

    Sorry you've had such a bad day yesterday @poppy123456. I hope things are looking a little better today but if there's anything I can help with, you know you only have to ask. 
    Senior Community Partner
    Scope

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Willwill haha i'm glad the double sided tape worked for you hair ;) so funny!

    @Adrian_Scope i hope so too and thank you, i will certainly do that :)
    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.
  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    Willwill said:
    UHO......not sorted !!!!!!!!!!!!  my SDP I  should have  back pay updated from 22/01/19 ,,as I had been overpaid £514 between 22/01/19  to 23/03/19 ,so immediately paid DWP  back by debit card ,,but as quoted above they can only backdate from 28/03/19  as I have to chase DWP management for the £514  ,,,,from there with to and from there a lady from DWP PC  on 21/10/19 said would phone the DWP debt department to sought this out and would phone me back if there was any problems , no phone call ,all is well
    23/10/19 I decided to phone DWP DEBT  department to clarify, !!!!!!!!!  a man Shawn told me they knew nothing of this, £514 t be backdated ,the lady on the 21/10/19 did not contact them as it would have been on their system Shawn was going to pay me back £514 into my bank but his advisor gave him instructions not t d so , Shawn has now has contacted another office to pay me of this monies , as he was not allowed to do so, and to ring back in 5 days if no contact !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    going to hoover my hair off the carpet floor  now 

    tomorrow is another day , regards to all  ,, de Will

    UPDATE 
    regarding SDP  ,, 23 OCT , spoke with DWP person  Shawn to say he would send a message to pay me of  £514 of what I am owed by DWP 

    TODAY 29 Oct phone  DWP of SDP department ,, spoke with a Heather of this problem and she did quote Shawn did NOT  send a  email to the department of payments 

    She has now sent Email to department   and have been told wait another 5 days before phoning back 

    on the 3rd OCT2019 was awarded by the tribunal court  in my favour and allowed Also states  a decision was made  by the ""Secretary of State"" from 22/01/2019 to 21/01/2024  


    DWP of SDP have sent me payment from 25/03/2019 with a letter of this date

    DWP  SDP today admit that I should have this monies payed to me from 21/01/19 yet again

    My conclusion BUT  I could be wrong  but
     ""Secretary of State"" has breached this order and not complied with this  order from the courts  is therefore in  ""contempt of court""


    GRRRRRRR   gota get the hoover out again !!!:# 

    change of subject it is lovely sunny day B)

  • WillwillWillwill Member Posts: 67 Courageous
    UPDATE 
    regarding SDP  ,, 23 OCT , spoke with DWP person  Shawn to say he would send a message to pay me of  £514 of what I am owed by DWP 

    TODAY 29 Oct phone  DWP of SDP department ,, spoke with a Heather of this problem and she did quote Shawn did NOT  send a  email to the department of payments 

    She has now sent Email to department   and have been told wait another 5 days before phoning back 

    on the 3rd OCT2019 was awarded by the tribunal court  in my favour and allowed Also states  a decision was made  by the ""Secretary of State"" from 22/01/2019 to 21/01/2024  


    DWP of SDP have sent me payment from 25/03/2019 with a letter of this date

    DWP  SDP today admit that I should have this monies payed to me from 21/01/19 yet again

    My conclusion BUT  I could be wrong  but
     ""Secretary of State"" has breached this order and not complied with this  order from the courts  is therefore in  ""contempt of court""


    GRRRRRRR   gota get the hoover out again !!!: :#

    change of subject it is lovely sunny day B

  • saz11saz11 Member Posts: 121 Pioneering
    @Willwill

    You must have the patience of a saint.....but you do crack me up keep posting 🙂👍
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