PIP refused

Willwill

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   

Blackwido

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 

Willwill

@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_Scope

Hi @Blackwido, welcome to the community, thank you for sharing your positive appeal story with us!

Matilda

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.

yanhow1

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, 

Willwill

@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

Willwill

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

corblimey

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 

Blackwido

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

Blackwido

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..

corblimey

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 

Blackwido

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!! 

Willwill

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

corblimey

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

cristobal

@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?

poppy123456

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.

cristobal

@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.

Matilda

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.

Pipquestions2

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.