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PIP refused

hello ,, after complaining of my reassessment to DWP, a review from the several section reports of terrible lies of my home visit with a witness present , I was advised by DWP to get my witness send and complain with written information letter ,sent by registered letter 15/02/19 separately to DWP from the independent witness of the untruth of the assessors report . Today 08/04/19 I have had 2nd review report to refuse me of PIP of zero points yet again in all subjects, yet in DWP statement realise I have problems in various healths,, I still got ZERO in every box although nothing has changed for the better but now more of struggle in my health.
The most shocking of the report in the second review is stating my home assessment by the assessor that I was alone in my house !!!! ,, SO therefore DWP believe the Independent letter was fiction !!! but my CCTV with date time of the day ect tell a different story of 2 people coming and leaving to/from my front door how malicious is that coming from assessor who claims to be qualified nurse . today I find it impossible and trapped
thank you for reading this,, regards Will
The most shocking of the report in the second review is stating my home assessment by the assessor that I was alone in my house !!!! ,, SO therefore DWP believe the Independent letter was fiction !!! but my CCTV with date time of the day ect tell a different story of 2 people coming and leaving to/from my front door how malicious is that coming from assessor who claims to be qualified nurse . today I find it impossible and trapped
thank you for reading this,, regards Will
Replies
advicenow.org.uk/pip-tool will generate an MR submission letter.
there is a group on facebook called 4UP and they give really good advice and help regarding pip refusals and expert advice on how to go about dealing with the untruths that the assessors put in the reports.
i have been a member of this group for 7 months now and they are really good at what they do ..
i hope this will help
www.gov.uk/government/news/end-to-unnecessary-benefit-reassessments-for-disabled-pensioners--2
Keep fighting i do understand that it is very hard but the Tribunal is fair and gives you the opportunity to show them how your Disability affects you everyday.
Goodluck.
I'm not clear whether you have CCTV of the actual assessment, or just the assessor arriving, but if it's got a soundtrack as well you may be able to use it. Send them a copy. I recorded my assessment and managed to get errors in my assessment corrected using the recording.
The obvious get out is that you're not allowed to video-record assessments but you may be able to get round that if you have CCTV running anyway - I don't know the legal position...
On the MR 2nd refusal of DWP stating ""I was on own on"" interview ,, also that I only ""stood on 1 leg"" and not the other , where in the 1st DWP statement saying I refused !!! I read that as I refused ,,,did then I did not refuse ,, how bizarre, regards Will
Good luck in any event....I hope that things turn out well...
I obviously took this to tribunal, It has taken a year, however last week after attending the hearing in front of the panel and asked many questions regarding my health and how it affected at the time of the initial assessment, which at stages was hard as it has been a year... I was asked would i like to wait for the decision or they would inform me by post, I opted to wait..
I am pleased to say that they allowed my appeal and the decision by the assessor was set aside.. I WON!! They also back dated my claim to 2017... The assessor originally awarded me 6 points on personal care the Court warded me 15 points.
So anyone out there that feels that the assessor was wrong PLEASE appeal..
E xx
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Two 'gems' in my report were that, because I walked 16m waiting area to assessment room then I must be able to walk 50m outdoors (using pavements and kerbs). And it said I took my bag off over my head, put it down on floor and later picked it up. At no time did I take my bag off.
This is horrible for you and I know hindsight is a wonderful thing,
but I truly believe that everybody having an assessment should audio record the assessment according to the rules, have someone with you to take notes and ask to watch what the assessor is typing,
They cannot refuse that,
Then if a tribunal is needed a transcript can be sent to the appeal to outline the discrepancies.
If everyone did this surly it would help to stop the corruption,
best wishes for your tribunal,
something I would suggest is contacting your MP, I done that as my appeal was taking so long.. He contacted me within a few days, and passed my case over, even though I felt I was listened to, I still felt a bit neglected.... So I sent another email and had a response the same day, stating he was looking into my case personally. I then started receiving official letters from the House of Commons! (My postman must have thought WTF.. Cream Yellow envelopes with House of Commons stamp..) Your MP is there to raise your issues regarding your situation and support you, if everyone contacted their local MP regarding the wrong doings of what is really going on, then things can change.. xXx
Sorry new to this sight, I tried to respond to your post but not sure where my response went, if it went anywhere..
I’m the same as well I ain’t got a clue how to use this site not been on it long
I agree with everything your saying, I tried complaining about reports and so called professionals making the reports, but everything was upheld by the DWP decision maker!! I requested all reports, which you are entitled too, I was gobsmacked at their reports, and further responses to the tribunal... calling me a lier amoungest other things... I put my case forward to the panel, but one thing I did say at the end was... I may be DISABLED but I'm not STUPID!!
I introduced my witness as my sister (no surname) at home assessment, DWP say that assessor quoted on my own yet my CCTV will differ that quote, my witness (sister) wrote a letter to DWP quoting the false allegation s and signed their name R Jones
Afew weeks later
DWP wrote back to quoting, I was on my own and the witness letter statement would not be would not be exonerated
After a few weeks later ,Today response from DWP and to my self have sent docs ect to my tribunal committee
THEIR conclusion :ASSESSOR quote alone so ,, no witness,,, no name,,, at my home IN the consultation
The witness letter to DWP from witness signed was a Mrs Jones ,, no mention of being a sister
In those docs are quotes :
Mr Smith reports that his sister Ms Smith attended to support him but Mr Smith was alone with consultation!!
How did DWP process that person as my sister Ms Smith,, there was verbal introduction to the assessor as my sister only , NO NAME,,, ASSESSOR could not know her name or being my sister because ASSESOR stated I WAS ON MY OWN
The ASSESSOR only knows of my SISTER ,,, as nobody was present MY sister was not present as on my own
The mind boggleS
of their IQ
I realise now it DWP is corrupt
thank you for reading this regards Will
mandatory considerations lol more like we’ll consider to stress you out even more
DWP deny benefits , when it goes to tribunal they offer no actual evidence or reasons why they denied you apart from a fraudulent so called medical report done by a bleeding nurse , the whole thing is an absolute joke
Always polite and helpful, sent out documents when I've asked for the them and carried out a MR when the assessment company sent additional information (about an assessment they'd not done well)
That's just my experience - but maybe it's not all bad?
In fact, not only were they not corrupt, they sorted things out and corrected the mistakes which had been made...
If your interested have a listen to the latest 'Law in Action' on R4 on iplayer.
There's an interview with a judge about the number of PIP cases which are overturned at tribunal...I can't remember exactly what he says but (I'm paraphrasing) he says that it's difficult to establish whether the DWP got the original decision 'wrong' or whether the decision was changed because the claimant submitted additional information which could have been sent in the first place..
If you believe the judge then the 71/75% figure is largely meaningless - it tells you nothing about why the decisions are overturned.
In my own case the assessment was inadequate and inaccurate, with a few lies thrown in. The panel interview was thorough and accurate.
All assessments should be of the standard of tribunals, not superficial and fraudulent as many Atos, etc assessments are.
Imo the face to faces for pip are nothing but a farce. According to my pip assessor I had no problems communicating, had good eye contact and showed no signs of anxiety... He is literally the only person I have ever came across that had said this in the past 10-15 years, even non professionals comment on how shy I am.
Scored 0 points for everything at assessment and MR, went to tribunal and scored 10 for daily living and 12 for mobility.
It's **** that you have to go to tribunal but they will award you what you deserve, have faith in that. They would be better off having tribunal do the assessments it'd save so much time and money.
I just wanted to point out that it's not all bad.
In my case the DWP were very helpful in sorting things out and I couldn't agree that they "want people to go through as much stress and heartache as possible" as @harrison1959 believes.
That's just my experience...
regarding PIP mobility , they awarded me high rate mobility, it’s taken 3 years, I should be jumping up and down
but all I can think about is the next medical assessment and the report saying there’s nothing wrong with me and having to go through this all again
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Does "it is inappropriate to fix a term" refer to the panel, or the DWP?
UPDATE ,,after several phone conversations CITIZENS ADVICE the past few weeks,, From there DWP has sent me a package of there package to me of my data also package to CA and to Tribunal persons ,,YESTERDAY In had appointment a lady in the Citizen Advice yesterday,, took my documents of SAR from WALES and docs from DWP office Wolverhampton, Lady of CA noted from all my docs from my SAR but were not in her DWP docs , some were missing !!! The DWP report the reasons of taking my PIP away contradicts there selves in written docs and she has spotted many other contradictions of there statements ..She has put this into further document to the tribunal of points to notice also certain documents not in her file but in my SAR files , also 2 pages NHS of 4 are missing from my file but were in my SAR file from WALES , surely points to how DWP operate , Today have personal delivered a written note request to my local GP for a SAR anything written for my NHS files .Will probably take a week and will on DVD with password code which I will to collect
my NHS docs 4 pages were sent in by request to DWP October 2018.. 1 of my meds 30 mg Mirtazapine
My home visit with assessor December 28 2018 , showed my repeat prescription 6 number total
2019 January 26 In DWP refusal report was meds of Mirtazapine was 30 mg
contested the report
2019 May A reply to my contest of case refused again and notes of my notes of my Mirtazapine is now 45 mg
my question is how did DWP lawfully get information with out my permission for access, of my increase 30 mg to 45 mg of Mirtazapine from my NHS medical records !!!!
good luck to all
nothing happens
When you sign your application form for PIP you are giving the DWP permission to access your medical records from any contacts you name on the form.
Try & be kind to one another even if we may have different views.
When you sign your application form for PIP you are giving the DWP permission to access your medical records from any contacts you name on the form.
Try & be kind to one another even if we may have different views.
P.S. DWP deny that my sister was present at my home visit , DWP (Wol) were not at my home ,,assessor was ,,so how is it they quote my ""SISTER"" in their reply letter to me of my witness who sent in a supporting statement of Malfeasance of a person in public office !!! because if on my own with assessor , no sister exist in assessors report , there should ne no mention of ""SISTER"" yet DWP (Wol) mention the word ""SISTER"" !!!!!!!!
when assessor came to my home I introduced person as my ""SISTER"" NO NAME , yet letter from DWP (Wol) saying my sister and her name !!!not present , I only introduced her as my sister ONLY (no name) to assessor ..
Time for another SAR (wales) from DWP from JAN 2019 to June 2019,, tata for now
Multi Level Degenerative Disk Disease which you can google central canal stenosis also suffer depression /anxiety
I have had my Tribunal today 3 October, where DWP stopped my award in January with 0 points on all subjects and was very traumatic at tribunal ,,,I have had CAB help me with papers ect to prepare for my case and my sister was going to come with me for support but she also suffers with RA and had problems this morning
The lady at CAB who has bee helping told me DWP very rarely turn up, but today I was shocked DWP also a judge , doctor and another lady !! there many questions were asked , one of the was a double decker bus where 10 were in line and the question was how long would it take to walk along the 10 buses,, I was so confused I stated I could not answer this question,,,, I was then asked if I went to a shop,, I replied that a shop was on the opposite side of the road to my house , Doctor then asked if there were house's in between , was confused yet again as if there were house's the would block the road !!! after a while the Judge seemed to notice my demeanour and asked if I wanted to stop, I really wanted to go home with my anxiety but I relented and said t carry on as the sooner I can get home ,,,, Then the lady asked some questions then I asked the lady if I can go home, The judge intervened and said I do not have to stop and can leave if I wish but it would be in my best interest to continue but have a break
I thought I would like a break but having a break I realised this would prolong my anxiety even more so as the tears were running down my cheek, I decided t carry on so to home soon, In my papers which have to be sent to me and CAB I was asked to turn to page 147 , but my papers only went to 127 , where we my CAB worker I my self realise now DWP did not send all papers where by law the have to subject all transparency, very naughty indeed , DWP rep sat next to me and on his PC has page 147 on his PC , When we came to meeting over the judge said to me a decision will be decided today and will be informed by post in next couple of days I got home and was so exhausted , had a sleep and now awake at 12:45 a.m. in writing this of my experience ,
I did find the questions asked were to see how my ability's or non abilities were affecting me daily, regardless of the 10 double decker bus's or the house's in the middle of the road
I await the post through my letter box in despair
All the best to those seeking referral their case/s
Will
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Today Saturday 5 Oct, I had a letter stating on the back , if not returned return to ******* !! , I bought the letter to the table and sat down , I stared at the letter for some time not wanting to open it, I feared the worst and did not want to open it , I wanted somebody with me ,but there was nobody there ,
I started to open letter to with shaking hands, started to read letter 5 pages , first 3 pages was about about appeals , it was at that stage my feeling was I lost my appeal,, with my anxiety my reading became faster and my brain/thoughts could not handle . STOP,,, I started again to read more calmly then by the time I came to page 4 , it hit me ,STOP ,, I read it again, there it was
APPEAL is ALLOWED and entitled to living /mobile component from 21/01/2019 to 21/01/2024
I inhaled then exhaled very slowly , then broke down and cried , I recovered and phoned my sister , trying to remain calm and as I stated to talk I broke down again, from there she thought Iost appeal but as I recovered I told her I won my appeal and understood of feelings
Any how back to reality this post is to all who are going through these legislations by our government, the tribunal is very fare , the Judge especially , the doctor , not too sure about him with the10 buses (above post) and there was A lady who seemed to be a specialist in how what our needs are .
This post is of my feelings with anxiety did not help me but for all those that read my post , which is to give yourself confidence in the tribunal , it is fare and honest and I wish you all well and success in recovery of what you all deserve ,
all the best , Will
P.S.
C.A.B and lady Katy with face to face who helped me in bringing this achievement for me , but I must say
I would like to quote this site "SCOPE" is a valuable to our society/community to share with people/persons
in our community also the Admins who look after/monitor our correspondence , a big "THANKYOU"
all the best ….Will
Congrats.....and a big well done for not giving up and fighting all the way.
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regards Will
If your appeal is successful, you’ll get an official notice in the post within a couple of weeks. You’ll receive your new amount of money every 4 weeks.
The DWP will also have to pay you everything they should have been paying you from the date of your claim. It normally takes 4 to 6 weeks for this money to come through.
You will not need to contact them further, unless the payments don't start within this time frame.
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My question is :- is the decision notice from the court the ""official notice"" or is there an "official notice" from the DWP to be sent to me at my home address
regards Will
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DWP phoned today 16/10/19 ,, asking me questions , have I been in hospital , have I been I prison ect and confirming my bank details . there was quote to say this would be passed on to another office for back payment
I was quite surprised as the Tribunal was on the 3/10/19 and received my appeal by post notice on Saturday 5/10/19 , I was going to wait for 30 days before I would contact them , in case DWP appealed decision another quote DWP would next contact me by post of payment ect , but to check my bank as payment would probably be in before post arrived , not sure how long that will take but so relieved
I would like to thank all on this forum who have helped me along the way in correspondence , a big THANKYOU
all the best Will
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NO NO NO NO NO
don’t give up , believe me I’ve been there it took me 3 years when it goes to a tribunal it doesn’t matter what the DWP “ believe “ it’s the medical evidence and how it affects you DO NOT GIVE UP
Thanks again pollyanna1052 and corblimey - 'No Human is Limited' we battle on for another go.....
don’t waste your time thinking the mandatory reconsideration is going to be of any use , I tried those 3 time I believe , and it was the same result , just like you , even with the medical evidence from hospital doctors and specialists MRI and xrays and my GP. according to the DWP and ATOS there was absolutely nothing wrong with me , to say it’s mind blowing is an understatement and to make matters worse the DWP took the words of a “ nurse” over specialists and doctors,, focus on the tribunal not the DWP or ATOS that’s wasting your time
just send them any old rubbish as no doubt they’re going to refuse, it’s the tribunal you want
Hi glad to hear the forum has helped you. I can only tell from my experience and i have been through two MR and won both.
Being refused in the first place does deflate you and going to next stage MR can be exhausting and the long waiting times are frustrating but you seem to have got your fight back.....good for you keep going
The decision to appeal is completely yours, but the community will be here to support you.
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