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

Yadnad

Yes I did but any complaint that you make would have to be backed up with evidence supporting your complaint otherwise no one is going to believe you.

Benistmonk

That's where the 2 appointment letters letters come in, why was my appointment time changed on the day I went to the assessment centre for the first appointment?

Yadnad

Benistmonk said:

That's where the 2 appointment letters letters come in, why was my appointment time changed on the day I went to the assessment centre for the first appointment?

Benistmonk said:

That's where the 2 appointment letters letters come in, why was my appointment time changed on the day I went to the assessment centre for the first appointment?

In the grand scheme of things it's not material. Whether you wanted a doctor or nurse or paramedic to assess you is here nor there.

You would be assessed by a qualified disability analyst who could be any of the above.
As for the two appointment letters, could it not be confusion with error thrown in caused by you demanding a doctor?

All you have to worry about is having an assessment, waiting for the decision than deciding what you do afterwards. 

Benistmonk

Of course it is material to my case, the idea is to show the HCP report lies. And to prove I would not have been found fit for work by a doctor, because whenever a doctor assessed me, I was always given 15 or more point. My previous assessment letters prove that fact.

debbiedo49

I expect most assessments to be negative in the first instance then expect to appeal or dispute the decision all way to tribunal from personal experience.  
I got kicked off esa a few years ago despite ongoing mental health and Chronic pain conditions and got bad advice from cab and gave up. I couldn't stay on the roundabout. I am now on jsa. I should be on esa. I went through claiming pip unsuccessfully to tribunal then success mainly due to good advice on here angels from a  m h charity. Otherwise I wouldn't have even tried. That's just wrong and wonder how many are like me, too scared or beaten down to try?

Benistmonk

That is the route I have been told to take, claim JSA and PIP. But me being a stubborn sod, I won at every tribunal I have been to so far, because I can usually prove the HCP report is flawed and can't be relied on as 100% accurate.

susan48

Just wanted to say
@ilovecats Iv been reading your posts and it’s nice to hear the perspective of someone who worked within the “system “.
sorry to butt in on the thread.

Benistmonk

ilovecats said:

I'm pretty sure you don't win by proving the report is flawed? You win because someone sensible looks at the evidence and decides an incorrect decision has been made. 

That's an odd thing to say, "I win because someone sensible looks at the evidence". I win because I know the DM has a legal duty to ensure that their decisions are based on facts which are clearly established by evidence. The evidence being the HCP report.

If the evidence is not 100% accurate and true, I am going to take issue with it. Of course I also point out what descriptors apply to me. To do this properly, you need a copy of the WCA handbook used by the DWP. 

Fetlock

Benistmonk said:

ilovecats said:

I'm pretty sure you don't win by proving the report is flawed? You win because someone sensible looks at the evidence and decides an incorrect decision has been made. 

That's an odd thing to say, "I win because someone sensible looks at the evidence". I win because I know the DM has a legal duty to ensure that their decisions are based on facts which are clearly established by evidence. The evidence being the HCP report.

If the evidence is not 100% accurate and true, I am going to take issue with it. Of course I also point out what descriptors apply to me. To do this properly, you need a copy of the WCA handbook used by the DWP. 

The WCA handbook is irrelevent for PIP.

It is the assessment guide you'd need to refer to

Part two -

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

Yadnad

Benistmonk said:

ilovecats said:

I'm pretty sure you don't win by proving the report is flawed? You win because someone sensible looks at the evidence and decides an incorrect decision has been made. 

That's an odd thing to say, "I win because someone sensible looks at the evidence". I win because I know the DM has a legal duty to ensure that their decisions are based on facts which are clearly established by evidence. The evidence being the HCP report.

If the evidence is not 100% accurate and true, I am going to take issue with it. Of course I also point out what descriptors apply to me. To do this properly, you need a copy of the WCA handbook used by the DWP. 

Are you suggesting that claimants read, digest and understand the various guidance issued to the decision makers and assessors? If you intend going down this route you should also be understanding the legislation and all of the case law. The guidance you mention along with others is NOT law. It is nothing more than the DWP's own interpretation of what the 'law' should be saying.
 It is obviously biased towards the DWP.
I neither have the patience, time or inclination to read any of that and I doubt very much that the same will apply to most claimants - they, like me, try to muddle through the best way we can without help or assistance from anybody. 

Yadnad

ilovecats said:

Fetlock said:

Benistmonk said:

ilovecats said:

I'm pretty sure you don't win by proving the report is flawed? You win because someone sensible looks at the evidence and decides an incorrect decision has been made. 

That's an odd thing to say, "I win because someone sensible looks at the evidence". I win because I know the DM has a legal duty to ensure that their decisions are based on facts which are clearly established by evidence. The evidence being the HCP report.

If the evidence is not 100% accurate and true, I am going to take issue with it. Of course I also point out what descriptors apply to me. To do this properly, you need a copy of the WCA handbook used by the DWP. 

The WCA handbook is irrelevent for PIP.

It is the assessment guide you'd need to refer to

Part two -

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

Or people would just try and twist them further to fit them.  ¯\_(ツ)_/¯

You see that happening every day on this site with posters looking at the descriptors and trying to 'shoehorn' their situation to match them. It should be the other way round - these are my difficulties, do any descriptors fit them, if not then there is no point in making a claim in the first place.

Benistmonk

The question was if I am not mistaken

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

I think I have answered that. 

Looks like some people need to get off their high horses for a change, this is a Scope website, not the DWP!

Benistmonk

@ilovecats You keep making incorrect assumptions about me, why do you feel the need to get personal? 

Benistmonk

@ilovecats I didn't name you specifically, you made that assumption.

jarvo40

Hi just had a thought that might calm everybody down..maybe the question should have been..Has anybody feel they have had the right decision made by the Dwp..hmm food for thought lol..if everyone saved a pound a week for 2 years then when the inevitable happens they could employ a lawyer to do the stress for them..from personal experience that’s what I done and had a stress free victory..just an idea to contemplate..?

Benistmonk

@ilovecats I only replied to the posts you directed at me specifically, so now you resort to abusing the forum by marking my replies to you as spam when they are not. 

What am I supposed to say when you specifically name me in your posts! Must I run away when someone is acting like playground bully towards me, or do I stand up for myself?

poppy123456

If there's a comment you're not happy with on the forum then use the report button and report it. If there's someone on the forum you're not happy with then put them on ignore, this usually works wonders for me. This way you won't see that persons comments.

Benistmonk

Excellent Poppy, I would also add, do not name people in posts and then flag their posts as spam when all they are doing is replying to you. That is pretty low by anyone's standards. 

Yadnad

jarvo40 said:

Hi just had a thought that might calm everybody down..maybe the question should have been..Has anybody feel they have had the right decision made by the Dwp..hmm food for thought lol..if everyone saved a pound a week for 2 years then when the inevitable happens they could employ a lawyer to do the stress for them..from personal experience that’s what I done and had a stress free victory..just an idea to contemplate..?

Now come on and be serious - £104 to employ a solicitor to deal with the PIP process and appeal? I don't know where you live but I honestly do not know any sole practicing solicitor that works for less than £100 an hour! Most that are in partnership practice will be charging treble that amount - 33% profit, 33% overheads, 33% staff and admin costs.

jarvo40

Yadnad the £1pw was a token amount your missing the point completely or your to arrogant to show your better than everyone else because you worked out that 52x2 is £104.. if you read between the lines you might realise your not such a smart ****