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Does anyone else feel they have been given the wrong decision by the DWP?

Motown
Motown Member Posts: 17 Connected
edited February 2019 in PIP, DLA, and AA
Hi to everyone on the forum which I am glad to read.

My situation is as follows.

I am 67 years of age.  When I was 50 I was involved in a head on car crash.  The other driver was driving the wrong way on a dual carriageway!  I was lucky to be alive the police told me a couple of years later, not many people survive an impact of approximately 100mph.

i had numerous serious injuries.  My left foot was broken in three places, so had an operation on it together with other operations.  I was told being as I had broken the foot in the crash, eventually arthritis will set in later life.  This has now happened and gradually got worse over the past 18 months.

At the time of the accident, I was awarded the DLA for life.  With all these benefit changes I was moved to PIP, but the award was for 3 years only.  I could not believe it!  I am on medication for life for the physical injuries and my mental health.

When I was on DLA I was given the higher rate of mobility plus the middle rate of care.  This amounted to the same on PIP.  The pain in my foot had got to the stage where I needed treatment from the hospital.  Ibuprofen and paracetamol were not working.  I was told by the hospital that I had bad arthritis in the foot and was given a cortisone injection.  The hospital said there was no guarantee to be free of pain, which has now happened.

i informed the DWP of the change in my foot and said I was willing to attend an assessment as my PIP would be due to expire later this year.  I saw the healthcare professional and could not believe when I got the result of my PIP award.  I feel the healthcare professional saw me just after the injection, so I was temporarily pain free.  I was awarded only 4 points for my mobility!  This means I have lost the mobility of my PIP.  I am shattered and feel the decision is wrong.  They have awarded me the same rate of care.

The DWP is a joke!  You hold on the phone for ages.  How can an office pen pusher judge my situation.  It is wrong.  These decisions are an insult to the disabled.

I have phoned and written to challenge the decision for a mandatory appeal.  I just hope the decision is reversed as my mental health was not covered, along with my mobility fairly.  The healthcare professional gave me a ridiculous assessment.

Does anyone else feel they have been given the wrong decision by the DWP?  If the decision is not changed will go to an appeal tribunal and my MP I feel so upset at the way I have been treated by the DWP.
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Comments

  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    Hello @Motown   Pleased to meet you welcome.

    Thank you for joining and sharing.  Sorry what has happened. Many of our community can identify what you are going through. I am one myself.

    I am one of the team of community champions who guide, advise and help new members who join.

    Please can I advise have a look at our website on appeals.  I hope this will be useful to you.

    Also consider speaking to your local CAB office for further information and advice.

    I would as you have stated contact your MP .  They need to know the experiences of the benefit system especially PIP.

    We are here as a community to support  and listen to you any time.  You have come to the right place.

    Please ask any questions anything you need to know. There will be members of our community or a member of our team might be in touch to offer further advice.

    I do like your username as a soul fan and Motown, Northern Soul weekender in the past.

    Please take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • Motown
    Motown Member Posts: 17 Connected
    Thank you Spiceman for your comments.  I love Motown and Northern Soul.  However living in London as the name suggests it never caught on compared to Wigan, Blackpool etc.

    Will check the website.  Thank you for your guidance
  • Antonia_Alumni
    Antonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @Motown

    Thank you for sharing this with us and I am sorry to hear about what you have been going through. As @thespiceman suggested please have look at our appealing a DWP benefits decision page.

    Please keep us updated.
  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @Motown

    Welcome it’s great to meet you today ?

    Yes we have got many members in the same situation.

    Please please let me know if there’s anything you can please you with????

    @steve51

  • Motown
    Motown Member Posts: 17 Connected
    Thank you for your reply. I feel better knowing there are others in the same situation.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    Motown said:
    Hi to everyone on the forum which I am glad to read.

    My situation is as follows.

    I am 67 years of age.  When I was 50 I was involved in a head on car crash.  The other driver was driving the wrong way on a dual carriageway!  I was lucky to be alive the police told me a couple of years later, not many people survive an impact of approximately 100mph.

    i had numerous serious injuries.  My left foot was broken in three places, so had an operation on it together with other operations.  I was told being as I had broken the foot in the crash, eventually arthritis will set in later life.  This has now happened and gradually got worse over the past 18 months.

    At the time of the accident, I was awarded the DLA for life.  With all these benefit changes I was moved to PIP, but the award was for 3 years only.  I could not believe it!  I am on medication for life for the physical injuries and my mental health.

    When I was on DLA I was given the higher rate of mobility plus the middle rate of care.  This amounted to the same on PIP.  The pain in my foot had got to the stage where I needed treatment from the hospital.  Ibuprofen and paracetamol were not working.  I was told by the hospital that I had bad arthritis in the foot and was given a cortisone injection.  The hospital said there was no guarantee to be free of pain, which has now happened.

    i informed the DWP of the change in my foot and said I was willing to attend an assessment as my PIP would be due to expire later this year.  I saw the healthcare professional and could not believe when I got the result of my PIP award.  I feel the healthcare professional saw me just after the injection, so I was temporarily pain free.  I was awarded only 4 points for my mobility!  This means I have lost the mobility of my PIP.  I am shattered and feel the decision is wrong.  They have awarded me the same rate of care.

    The DWP is a joke!  You hold on the phone for ages.  How can an office pen pusher judge my situation.  It is wrong.  These decisions are an insult to the disabled.

    I have phoned and written to challenge the decision for a mandatory appeal.  I just hope the decision is reversed as my mental health was not covered, along with my mobility fairly.  The healthcare professional gave me a ridiculous assessment.

    Does anyone else feel they have been given the wrong decision by the DWP?  If the decision is not changed will go to an appeal tribunal and my MP I feel so upset at the way I have been treated by the DWP.
    I would imagine that everybody who didn't get the award they think that they should have had would say that the DWP made the wrong decision. 
  • minniemoo
    minniemoo Member Posts: 51 Courageous
    Hi @Motown I’m so sorry to hear what you have been through. Yes I myself have had similiar treatment by the dwp but I fought in it wasn’t easy but I ended up taking to tribunal and won! you will be feeling very upset but this sight is wonderful and the people on here are lovely and very helpful. I only found this site just before my tribunal date a few weeks ago as I was really worried and just wanted some reassurance really or someone to speak to who has been through what I had been through. Stand your ground and take it right through the process if you have to right thorough to tribunal? good luck and if you need to ask anything ask away on here there are some very knowledgable lovely people on this site only too happy to advise speak soon ??
  • Motown
    Motown Member Posts: 17 Connected
    Thank you minniemoo, I could not believe the result from the DWP.  I am so pleased that I discovered this forum by luck.  I am encouraged by all the helpful replies. If I have to go to a tribunal I will.  Failing that my local MP, who is the brother of Boris Johnson.  I have nothing to loose and everything to gain.  
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger

    I an sure you are aware of the mobility part of PIP after retirement age. You really must fight this as hard as possible, all the way to tribunal. If you give up on your mobility claim now you cannot regain it in the future even if your condition deteriorates

    Be all you can be, make  every day count. Namaste
  • Motown
    Motown Member Posts: 17 Connected
    Thank you CockneyRebel,

    The older you get your health problems are not going to improve.  The DWP seem to ignore this.

  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    Reduced mobility after retirement is seen as a symptom of an aging body and not necessarily a disability
    Be all you can be, make  every day count. Namaste
  • Motown
    Motown Member Posts: 17 Connected
    Yes fully understood, but I would not have the symptom of an aging body.  I was put in this position by a man of 70s dangerous driving and have suffered ever since regretably.
  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    Hello @Motown Sorry I have not got back to you.  I do know there were knowledgeable  members of our community . Who to advise you more than I could.

    One aspect of this forum is that you are getting plenty of guidance and support.

    I hope every thing is fine with you.

    Please ask if we help any further with anything else.

    You mentioned your interest on Motown and Northern Soul..

    Anything I can recommend please ask me.

    Have an extensive collection. In the past on vinyl .  Unfortunately had to sell the lot due to personal circumstances.

    Now buying all the CD compilations . Thanks to on line stores.

    Brings back the memories . As I age older all keeps you young at heart.

    Pleasure to talk to you.

    Take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    I get wrong decisions all the time, then I have to wait for a tribunal to correct those decisions. That's the way the system works now, you can take it for granted that you have to go through the appeals process as part of your claim. 

    On the plus side, when you win the appeal, you get back pay, so think of it as a savings scheme run by the DWP on your behalf.
  • Motown
    Motown Member Posts: 17 Connected
    With all these appeals by claimants, the DWP must have better trained staff and professional healthcare staff for assessments.
  • Motown
    Motown Member Posts: 17 Connected
    Hi Spiceman, I have never got rid of my vinyl.  Still buy it plus CDs.  Love the music.  From the first time I bought My Guy, Mary Wells and Where Did Our Love Go by The Supremes, was hooked and the music is 50 years old and still sounds great.

    Regards.
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Motown said:
    With all these appeals by claimants, the DWP must have better trained staff and professional healthcare staff for assessments.


    You would think so but it does not seem to be the case, I asked to be assessed by a doctor and they rearranged my appointment for this, when I returned 2 weeks later, expecting to be assessed by a doctor, they told me they no longer use doctors to assess people. On receiving the response from the DWP, it gives a list of medical staff that are used to assess people, and doctor is on the list.

    This was covered in the DWP response because I accused the HCP and staff at the centre of lying, when they said they did not agree for me to be seen by a doctor, I have 2 appointment letters that proves them wrong. Although I do not think that alone will win my case at tribunal, at the very least it casts doubt on the HCP's report. It also upsets the DWP, because they have to mitigate on behalf of the HCP.

    I know people on here advised me not to mention the lies but to concentrate on descriptors that should apply to me, I have done that as well. So anything you find wrong with the HCPs report, for eg if the say you did x y and z, and you know you were not asked to do x y and z, complain about it. It makes it more difficult for the HCP and DWP to sound plausible, but also cover the descriptors that apply to you.
  • Motown
    Motown Member Posts: 17 Connected
    Thank you for your advice.  It helps to know we are all united in the problems we face from the DWP.
  • Yadnad
    Yadnad Posts: 2,856 Connected

    So anything you find wrong with the HCPs report, for eg if the say you did x y and z, and you know you were not asked to do x y and z, complain about it. It makes it more difficult for the HCP and DWP to sound plausible, but also cover the descriptors that apply to you.
    You can complain but can you actually prove what you are saying? 
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    edited February 2019
    Did you read my post? I have 2 ****** appointment letters dated exactly 2 weeks apart.
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