PIP, DLA and AA
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PIP refused

WillwillWillwill Member Posts: 67 Courageous
edited April 2019 in PIP, DLA and AA
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 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You need to ask for a mandatory reconsideration and be prepared to appeal to a tribunal.  Disability Rights UK site can give advice about MRs and appeals as can CAB and Scope Helpline.

    advicenow.org.uk/pip-tool will generate an MR submission letter.
  • WillwillWillwill Member Posts: 67 Courageous
    @ Matilda,,hello,,, this is after  MR ,,, 1st pip assessment with 3rd party witness  attended and present ,,, ,, later date  to be refused,,,,  ,An MR was filed of lies on l document ,,,  A 3rd party/ witness sent a letter to DWP of the untruth letter by recorded delivery  from witness who attended ,,MR was complain of the lies of assessor on the MR ,, TODAY  8/04/19  MR letter returned to give same refusal verdict and claimed I was alone when assessed  on my home visit ,, my CCTV proves different  . hope that helps  regards Will
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I suggest you phone Scope Helpline.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 
  • WillwillWillwill Member Posts: 67 Courageous
    Matilda ,,,thankyou, will phone help line …@
    wildlife said:
    @Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 

    wildlife... thank you for your concern, assessor spoke with 3rd party who was trying to help me, but assessor was very abrupt ,assertive to the 3rd party , also what the assessor did not realise was there was also another person in my kitchen , who can also witness the 3rd party being there in my living  room, I do know of another person/lady  had the same as I had but she won her tribunal where DWP did not turn up , was awarded PIP back and backdated , The best yet is DWP refunded her only to write a letter to say they were going contest her case , but did not turn up at the tribunal !!! , so she could not use the refund for while , until , with help a letter of complaint sent to DWP , this took over 12 months from the decline of her PIP 

  • WillwillWillwill Member Posts: 67 Courageous
    Matilda said:
    I suggest you phone Scope Helpline.

    thankyou ,, will do


  • janpat62janpat62 Member Posts: 1 Listener
    Hi Willwill,
    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
  • WillwillWillwill Member Posts: 67 Courageous
    janpat62 said:
    Hi Willwill,
    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

    janpat62 thank you for information

  • WillwillWillwill Member Posts: 67 Courageous
    just found this , might cheer some pensioners 
    www.gov.uk/government/news/end-to-unnecessary-benefit-reassessments-for-disabled-pensioners--2
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    There are people who have gone from 0 points after assessment to enhanced both components after tribunal hearing.
  • lindadeniselindadenise Member Posts: 302 Pioneering
    edited April 2019
    I went to Tribunal i went from 8 points to Enchanced care and from 4 points to Enchanced Mobility. I got 3 years worth of medical history from my GP which was done free. I attended Tribunal with my Daughter and the Judge said to me that it was very helpful to have the Medical Records.
    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.
  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @willwill....I agree with @wildlife - if you have CCTV  then I'd ring the assessment provider and tell them.

    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...


  • wildlifewildlife Member Posts: 1,314 Pioneering
    @cristobal The OP said the CCTV shows two people arriving and leaving through the front door at the time of the assessment which would be excellent evidence to prove others were in the property so the assessor was lying I doubt the cctv recorded any of the actual assessment 
  • WillwillWillwill Member Posts: 67 Courageous
    edited April 2019
    hello all thankyou for your comforting remarks ,really helps ,, on CCTV   (covering over front door entrance) at time of home appointment with assessor  with 3 people  (1 person in kitchen , 2 person in living room plus myself)   entering my house within 5 minute period  ,  . just noted on DWP 1st refusal document  (with witness present)  stating that I refused  to do a physical test , but I stated that it was not possible ,,,
    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  
  • WillwillWillwill Member Posts: 67 Courageous
    Willwill said:
    Matilda ,,,thankyou, will phone help line …@
    wildlife said:
    @Do DWP know about the CCTV footage? If not I would book a call back from a case manager and tell them. However I have to say in my experience having had my husband by my side all the way through my PIP assessment nothing he could say would be believed because they treat family/friend witnesses as non independant. In other words bound to take your side of any argument about what happened. Hopefully if you go to tribunal and are able to produce this evidence or even just say you've got proof you were not alone, that one lie by the assessor will make it more likely he/she wrote other things on your assessment report that weren't true at the time of your assessment. They will look at everything again with impartial eyes and award you what you should have had in the first place. It really is time assessors stopped behaving in this way and if they do they should lose their jobs !!! 

    wildlife... thank you for your concern, assessor spoke with 3rd party who was trying to help me, but assessor was very abrupt ,assertive to the 3rd party , also what the assessor did not realise was there was also another person in my kitchen , who can also witness the 3rd party being there in my living  room, I do know of another person/lady  had the same as I had but she won her tribunal where DWP did not turn up , was awarded PIP back and backdated , The best yet is DWP refunded her only to write a letter to say they were going contest her case , but did not turn up at the tribunal !!! , so she could not use the refund for while , until , with help a letter of complaint sent to DWP , this took over 12 months from the decline of her PIP 


    Hi Matilda,, CCTV footage and call the case manager , I think best not,, as the assessor has told naughty fibs,,, I just have been going through the PIP 1st letter of refusal statement and 2nd MR statement , there is a contradiction between the 2 letters stating I refused a physical test and on the second I stood on 1 leg !! ..That part of statement came from the DWP investigator not the assessor 
    ,,I think the corruption has gone too far now,, best option is go before tribunal regards Will

  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Willwill For future reference if you get another Healthcare proffessional to do the physical tests on you and take or send in results which tell the assessor what your range of movement is you can then refuse to do the exercises. Which are useless IMHO. I want to know what results would be accepted to be able to avoid a whole sheet of false results which I had. At least by refusing you avoided that. It would have more than likely happened to you too if they were prepared to lie about other things. 
  • WillwillWillwill Member Posts: 67 Courageous
    cristobal said:
    @willwill....I agree with @wildlife - if you have CCTV  then I'd ring the assessment provider and tell them.

    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...

    Hello cristobal ,, CCTV covering front door of 3 persons entering within 5 minutes ,, I could have recorded my interview in my dwelling but by law you have to advice of the recording as there right to decline , and then interview can be declined , I believe by law you submit recording to be excepted by the courts if it is help to prevent future harm ect. Next step is tribunal with witness's and inform tribunal of the CCTV evidence I have and would the DWP like to see the evidence just for themselves , where it would show the malice of the assessor whom they support in their defence ,, it would not look good in the hearing if they declined ,,   regards Will


  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @willwiil - If you can, try to concentrate on the reasons why you should have been awarded PIP, and how you satisfy the descriptors. Personally I wouldn't bother with the CCTV if it just shows people arriving at the house...

    Good luck in any event....I hope that things turn out well...
  • WillwillWillwill Member Posts: 67 Courageous
    edited April 2019
    @cristobal thanks ,,,  yes it shows people at the house at the same time , I agree....My witness in living room was our local councillor to support me , who wrote a letter to DWP of what he witnessed of untruths , my local councillor is not too happy of DWP stating he was not there  when he clearly was ,CCTV shows he was ,thanks again Will 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    In that case yes use the CCTV. It sounds like you might live in flats? Or is it a private house just where you live. That would make a difference if they could argue the other people lived in the building. Hope you don't have too long to wait for Tribunal. 
  • WillwillWillwill Member Posts: 67 Courageous
    got to go citizens advice tomorrow with aid and help to location,, ,,sorting out my MR papers and compared what was wrote on first refusal  report , of what the assessor stated, of the telling many porkies, but  1 was of stating I refused to stand exercise , which was true,,, On the 2nd MR report  stating I stood on 1 leg !!!! , that was not the assessor but the DWP investigator , named Samuel ------- not looking forward to tomorrow   
  • BlackwidoBlackwido Member Posts: 4 Listener
    Hi, I had an assessment and when i received my decision back i was shocked! Denied again... I requested the assessors report and I must admit I laughed, I really believed that she (the assessor) had mixed me up with someone else!  I spoke with DWP they stated I had to put in for a reconsideration, I pointed out all the lies the assessor had stated about me, however I received a reply stating as she was a professional they upheld her assessment. The assessor lied so much it was ridiculous, even to the point " I got my nails done every week" I wish.. I attended the assessment on my own, my friend sat in the waiting room.. I was observed to walk 70 meters...Hmmmmm the waiting room to the assessment room was about 15 meters... I am falling apart and have many health issues, but i was informed by DWP that my anxiety, panic attacks (mental health), incontinence and chronic pain does not stop me from getting a bus!! and that if i cannot follow a bus timetable i should not be driving and DVLA should be informed.... SHOCKED!!

    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 
  • WillwillWillwill Member Posts: 67 Courageous
    @Blackwidow glad of you  being  reinstated of what your deserve and entitled ,,I been to C&A  and forms filled out,, now in registered post , now await tribunal , regards Will
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    edited April 2019
    Hi @Blackwido, welcome to the community, thank you for sharing your positive appeal story with us! :)
    Senior Community Partner
    Scope
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    My assessment report had several inaccuracies and I was awarded 11 points for daily living and 10 points mobility.  At tribunal I was awarded 13 points DL and 12 points mobility.  Yes, it's well worth appealing if you have had an unfair assessment and award.

    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.
  • yanhow1yanhow1 Member Posts: 22 Connected
    Hi willwill, 
    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, 

  • WillwillWillwill Member Posts: 67 Courageous
    @harrison1959 thankyou for comforting kind remarks , remarks like yours are very comforting, I did have thoughts on not pursuing  this matter , but I feel I have gone over a first hurdle now and awaiting the next can't see the other hurdle at this time but I know it will come , thankyou once again in your support , regards Will
  • WillwillWillwill Member Posts: 67 Courageous
    yanhow1 said:
    Hi willwill, 
    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, 
     

    @yanhow thank you for kind remarks , I have only the CCTV proving that 3 people entered my property , assessor included,  DWP statement ""I was alone"" , thank you again as find comforting  regards Will

  • corblimeycorblimey Member Posts: 27 Courageous
    I found it absolutely pointless complaining to the DWP or Atos or independent health assessment or what ever name they use to try distance themselves from their criminal activities , from my experience , it’s Better to put your time and effort into gathering medical evidence for actual doctors and other specialists, rather than some Atos nurse , as far as the DWP & Atos are concerned , seeing me for all of 5 seconds, all my conditions including progressive ones magically cured and healed themselves, what would we do with out them 
  • BlackwidoBlackwido Member Posts: 4 Listener
    Hi Will,
    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 ****.. 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


  • BlackwidoBlackwido Member Posts: 4 Listener
    Hi Corblimey,
    Sorry new to this sight, I tried to respond to your post but not sure where my response went, if it went anywhere..
  • corblimeycorblimey Member Posts: 27 Courageous
    Black widow  don’t worry about it , one way or another I’ll see your post 
    I’m the same as well I ain’t got a clue how to use this site not been on it long 
  • BlackwidoBlackwido Member Posts: 4 Listener
    Hi,
    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!! 
  • WillwillWillwill Member Posts: 67 Courageous
    edited June 2019
    Hello all , long time since I responded due to depression,,put in for tribunal awaiting date , today had response from DWP with documents they have sent in neccessary documents for tribunal committee, 
    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
  • corblimeycorblimey Member Posts: 27 Courageous
    It is absolutely pointless complaining to DWP or ICE as they both practice the dark arts of ignorance and denial 

    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
  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @harrison1959 - I've never had a problem with DWP, although I've only made one claim...

    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?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    71% of those that appear in person have a decision in their favour at Tribunal. It drops to about 5-8% for paper based decisions.
    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.
  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    edited June 2019
    @harrison1959 - I'm sorry that you had a poor experience. So did I, but not with the DWP which is why I wanted to balance things up.

    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.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The percentage of successful PIP tribunal appeals keeps on rising - now 74%.

    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.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019
    Appeal % being so high could be down to more evidence aswell, so looking at that % doesn't say much on its own. When I originally sent my form away I didn't write much or send much evidence because it's better to see my problems in person than on paper. Never had issues with ESA assessments so I assumed the pip would be similar, but not sending evidence or writing much on form originally probably only gave my assessor an excuse to lie. 

    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. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The only new evidence I sent it to support my appeal was to point out where my assessment report was inaccurate and why.
  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    edited June 2019
    @Matilda  -  Like me you have clearly been treated badly..As I've said before my assessment was poor - inaccurately recording info, 'strange' statements such as 'likes reading and Shakespeare on-line', incorrect assumptions etc etc.

    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...


  • corblimeycorblimey Member Posts: 27 Courageous
    I got a telephone hearing, the last tribunal I went to I took zopiclone instead of Valium the packets looked the same plus my mind was else where , needless to say I don’t know what happened it was just a load of blah blah blah , I’m going for the high rate mobility, as I cannot Plan or follow a journey thanks to the mild dementia I have it’s a bloody nightmare, why they don’t give me it , based on that Alone , I’ll never know 
  • corblimeycorblimey Member Posts: 27 Courageous
    I have good news for once regarding PIP mobility , just heard back from the tribunal  after a telephone hearing

    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 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hi @corblimey, I'm really pleased to read you won your PIP tribunal and were awarded high rate mobility!
    Senior Community Partner
    Scope
  • corblimeycorblimey Member Posts: 27 Courageous
    Thank you , so am I , I wished I needed a new car but I already have one , oh well at least I won’t have to pay road tax now , better then nothing 
  • drewdundeedrewdundee Member Posts: 49 Courageous
    cristobal said:
    @willwiil - If you can, try to concentrate on the reasons why you should have been awarded PIP, and how you satisfy the descriptors. Personally I wouldn't bother with the CCTV if it just shows people arriving at the house...

    Good luck in any event....I hope that things turn out well...
    Exactly what i was thinking who cares about the CCTV or if u were alone or not. That wont get you PIP. Focus on the descriptors and see which ones are the most relevant to you and be honest with yourself, dont think you need enhanced when you really need standard..
  • corblimeycorblimey Member Posts: 27 Courageous
    I have more good news , I just got the document from the social entitlement chamber and for mobility and daily living it states “ it is inappropriate to fix a term” which I think means no more having to go and see the LYING Atos / independent assessment services toe-rags ever again , or deal with the idiots at the DWP 
  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @corblimey - that's sounds good...at least I think it does...

    Does "it is inappropriate to fix a term" refer to the panel, or the DWP?
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    My tribunal decision letter stated 'it is inappropriate to fix a term' and award letter fromDWP that followed said that my award has no end date but they will contact me 10 years after the start date of my award!
  • corblimeycorblimey Member Posts: 27 Courageous
    I bet the DWP during that time will no doubt be cooking up some thing to negate that I wouldn’t put it past them
  • WillwillWillwill Member Posts: 67 Courageous
    edited June 2019
    Hello to all,, and thanks for comebacks and others in their experience ,, In February I requested SAR of what DWP have on me  , then phone call from WALES from the data office  who has my/your data details , they asked what details I wanted  which was anything written , phone calls ect .. a large package came through the post  was sent to me within 22 days ,,,
    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 

  • corblimeycorblimey Member Posts: 27 Courageous
    If you ask me I’d say they broke the data protection act saying that the DWP can get away with murder , it’s funny how if you lie to the DWP you can get prosecuted or sanctioned, but when they lie 
    nothing happens 
  • buzzerbuzzer Member Posts: 107 Pioneering
    Willwill wrote: 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  !!!!

    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. 

  • buzzerbuzzer Member Posts: 107 Pioneering
    Willwill wrote: 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  !!!!

    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. 

  • drewdundeedrewdundee Member Posts: 49 Courageous
    Exactly you are signing up for a disability benefit, they will get your medical records or any one who goes to an assessment with a put on limp would get pip.  There has to be checks and balances. My issue is you hear about people's reports being lies and they don't seem to read the medical evidence and think well this does not look right. They mostly just go with whatever the report says and not take into consideration medical records when the report contradicts them.
  • WillwillWillwill Member Posts: 67 Courageous
    edited June 2019
    [email protected] ,, DWP asked me to get and send page /documents from a period of time  in  OCTOBER 2018 which were sent by post as requested,,,,  if as you say they can view my files without my consent  then ""why did they ask me to send docs of my files from GP to DWP "" if so, why would they  ask for my NHS Docs,, my GP a corporate company  have to adhere to not to breach rules of the DATA protection Act of sending my details  to a 3rd party , !!!! also in my last post there was 2 documents out of 4 were  missing when sent to my adviser and the Tribunal panel.. before DWP (Wol)sent those documents to my advisor and Tribunal panel , we sent for SAR (wales) where  we got all what DWP (Wol) have written and and recorded phone calls , where all 4 (not 2) docs are now on there way to Tribunal board also DWP contradict  there selves in their very own statements , from that  we have also got all files SAR (local) from my NHS GP are also on way to tribunal panel , have good weekend 

    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
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Willwill DWP don't have access to your medical records as @ilovecats has advised.
    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
    thankyou poppy123456
  • WillwillWillwill Member Posts: 67 Courageous
    Hello to all , it has been a long time since I last post , which reasons was my depression and anxiety ,,I have RA,, 
    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
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Willwill, thank you for taking the time to share this experience with us. I'm sorry to hear how stressful you found it and that some of the questions were confusing. We'll keep our fingers crossed and please do let us know how you get on. :)
    Scope

  • WillwillWillwill Member Posts: 67 Courageous
    @Chloe Scope ,Thankyou, and yes I will respond on the result  when the post mail arrives 
  • WillwillWillwill Member Posts: 67 Courageous
    @harrison1959 , thank you for the cross fingers , will let you know when post mail arrives ,
  • corblimeycorblimey Member Posts: 27 Courageous
    Still after all this time the DWP and ATOS.  or what ever they call them selves now to sugar coat the fact that they’re a bunch of “ expletives “ it’s the same story time after time even though they claim that they want to help , I really don’t need to elaborate on what that story is as no doubt we have all been through it , hopefully one day karma will pay them a visit 
  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    Hello to all again ,, as quoted above my tribunal was on 3 October ,  and very traumatic it was , Judge quoted I will be notified by post,  posted above of the day and thank those who responded to me helped very much indeed , I thank you sincerely ,,, and  the person   who had their fingers crossed for me , I thank you also
    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"




  • corblimeycorblimey Member Posts: 27 Courageous
    I know the feeling of not wanting to open the letter then not being able to make sense of it due to the mind some where else , even though I got full rate for both criteria and a few thousand pounds back dated money, all I could think about is the 3 years of hell the DWP and ATOS put me through , it makes me laughing when I see people complaining about the money and the exemptions disabled people get from able bodied people as they clearly have no idea of the **** you have to go through and act like the DWP just give you money no questions asked , if only they knew 
  • WillwillWillwill Member Posts: 67 Courageous
    @corblimey indeed SIR , what I don't understand is how the Government allow this ,where  these tribunals is costing 1.2 million pounds per week , I do feel for the elderly who need these entitlements , but put through a trauma over a long period which is never ever justified, even with BBC who never report truths , if they do report truths it's edited to the governments scrutiny and even ,more brutal of BBC when they they  attack the elderly , 75's , any way Sir that s enough rant off me , I wish you a good pleasant weekend ,,,Will
  • WillwillWillwill Member Posts: 67 Courageous
    thank your for your kind words, I can  assure your crossed fingers helped me with comfort,, 
    all the best ….Will
  • saz11saz11 Member Posts: 121 Pioneering
    @Willwill

    Congrats.....and a big well done for not giving up and fighting all the way.
  • WillwillWillwill Member Posts: 67 Courageous
    saz11 said:
    @Willwill

    Congrats.....and a big well done for not giving up and fighting all the way.

  • WillwillWillwill Member Posts: 67 Courageous
    Thankyou @saz11 all the best ….Will
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hi @Willwill, brilliant news, I'm so pleased for you!

    Senior Community Partner
    Scope
  • WillwillWillwill Member Posts: 67 Courageous
    Hi @Willwill, brilliant news, I'm so pleased for you!
    Thankyou @Adrian Scope

  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    Hello to all, to reiterate ,thank you all who have acknowledged my post/s  it has been so helpful in coping of this Its been 7 days now after my DWP (DWP Present at hearing )  appeal being allowed. Got letter from courts Saturday   5 October  confirming with review to 21/01/2024   DWP officer was present and Judge finishing the  hearing ,asked DWP officer if he had any questions or quote to add , but nothing was quoted . I understand  DWP can appeal this in a time period , If allowed understand my payments will be backdated and payment will be commenced until review at a later date  21/01/2024 , How long a period of time does it take for the DWP  , for PIP  to commence again. Do I need to call DWP   
    regards Will
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Willwill, congratulations on winning your appeal!
    If you win your appeal
    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. :)

    Scope

  • WillwillWillwill Member Posts: 67 Courageous
    @Chloe_Scope thank you for coming back to my posting,, on your quote of  ""official notice"" .My Tribunal was on 3/10/ 2019  and a "decision notice" from the court was posted to my home address on 5/10/2019 
    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
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    I believe you have now received your official notice. :)
    Scope

  • WillwillWillwill Member Posts: 67 Courageous
    edited October 2019
    @Chloe Scope  Thankyou  :)
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
  • WillwillWillwill Member Posts: 67 Courageous
    UPDATE on tribunal

    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  
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You can relax now, @Willwill!
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Great news @Willwill!! Thank you for updating us. :)
    Scope

  • LindaButler1970LindaButler1970 Member Posts: 40 Courageous
    I scored O in my home assessment, I am not going to appeal as its too painful to go through this pointless exercise! what I would say instead of them sending freelance assessors who have no knowledge of my condition and therefore cannot give a truthful assessment. It was commented on that I do read, when in fact I don't, I ask my husband to go over any mail I receive, and because there was a keyboard in the room with music I was asked if I could read music, short answer I learnt how to do this in my early teenage years. Its not something you forget, and it doesn't mean I'm any good! Basically you have to answer the door, in a mess, go back to bed and answer the questions from there. The fact the I engaged with the person went totally against me! What has society come to I still have Primary Progressive MS - I still walk with a stick, I do not walk anywhere due to lack of mobility. I also suffer with fatigue and other issues. All of which is irrelevant according to PIP DWP 
  • pollyanna1052pollyanna1052 Member Posts: 2,032 Disability Gamechanger
    Take care chuck xx
  • corblimeycorblimey Member Posts: 27 Courageous
    @LindaButler1970
    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 
  • LindaButler1970LindaButler1970 Member Posts: 40 Courageous
    Thanks for your comments, it has lifted me to make the call and request a Mandatory Consideration Notice. which I believe they re-look and then it goes to 2nd phase of tribunal - I suppose they hope for most not to appeal etc...

    Thanks again pollyanna1052 and corblimey - 'No Human is Limited' we battle on for another go.....
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    MR is first followed by first Tier Tribunal, most MR decisions remain the same so it's highly likely you'll need to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour. Goodluck.
    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.
  • corblimeycorblimey Member Posts: 27 Courageous
    @LindaButler1970
    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
  • saz11saz11 Member Posts: 121 Pioneering
    @LindaButler1970

    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
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @LindaButler1970, I can understand you feeling completely defeated after receiving this result. It cannot have been easy to read, but this doesn't mean you are not entitled to PIP. 

    The decision to appeal is completely yours, but the community will be here to support you. :)
    Scope

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