PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Its Tribunal Day Today Or Rocky 2

GeraldGerald Member Posts: 214 Pioneering
Hello all well after a 15 months to get to the Tribunal and 19 months after my move from DLA to PIP the day as come to go to the Tribunal after getting 2 points daily living component  and 0 point for mobility activities its on so in the red corner we have Gerald and in the blue corner we have the person from the DWP and the Tribunal board are the legally qualified judge the doctor and the disability expert will ask you  questions about your reasons for appealing and we start at 2.00 clock first the judge tells me who are on the Tribunal board that 5 mins then the judge asking me questions about your reasons for appealing and that's for 10 mins then the doctor asking me questions for 10 mins then the disability expert as know questions for me so then its the DWP person who looks at me and goes know question then the judge asked me  to leave the room while a decision and I go out sit down them in 3 mins I get called back into the room and told the decision, and the decision is Daily living - enhanced rate and Mobility - enhanced rate so Rocky as wooooooooooooon  with a knock out with daily living gets 12 points for the enhanced rate and the mobility part we get 12 points for the enhanced rate  so in ending after 19 months it takes the Tribunal Board about 30 mins to over turn the DWP and the Atos Assessment .

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news, well done. It can take 8 weeks to receive the back dated money you're owed.
    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.
  • GeraldGerald Member Posts: 214 Pioneering
    Thank you for that poppy123456 after 19 months it takes the Tribunal Board about 30 mins to over turn the DWP and the Atos Assessment . that gets me so long I have had to keep going knowing that there assessment was wrong and for it to take 30 mins to over turn it and the for the DWP to send someone to question me and that person from the DWP who looks at me and goes know and then put her head down. 
  • Milly123Milly123 Member Posts: 34 Connected
    That's great news, well done!  I am still waiting for my tribunal date. It's been nearly a year so far. I have been so stressed with it all, and it has made all my health problems so much worse that I feel like pulling out and just keeping the award I was given. I was awarded standard rate for both care and mobility for 5 years. I was on dla enhanced rate for mobility and low rate for care for around 12 years before they moved me over to pip. If anything, I am worse now than when I first went on dla. The assessor told so many lies and I lost the enhanced part of mobility due to the lies. I was so angry and upset at the time that I put in for mandatory reconsideration which dwp also went with the assessors report and then I put in for an appeal. I did not want the assessor to get away with the lies they told about me. They are telling too many lies on peoples assessment papers now, its so wrong. Now it's getting closer, I have started to get cold feet about the appeal. I know that dwp bank on us not appealing or pulling out of it altogether. I also know it's the assessors lies that lost me my mobility part and yes, I am still very angry about it but at the same time, very afraid that I could possibly loose what I have already been awarded for 5 years. (or is it 4 years as they are re-assessing people a year before their award runs out? Or because of my age (65), will they give me a light touch in future, or is that only if you get enhanced rate for both?) So many questions. I think this is the last time I can possibly get the enhanced mobility because of my age. Do you mind me asking how long the tribunal have awarded you for? If it's mainly short terms that the tribunals are awarding people for, then I may have to think about what to do next, if anything. Sorry for the long posting and thanks for any help in answering some of the many questions I have. 
  • GeraldGerald Member Posts: 214 Pioneering
    Hello Milly123 thank you for the kind words and my award is tell 2025 the thing that gets me about today is that the DWP sent someone to question me and then look at me drop her head and say know questions gets me and after in all 19 months of this and how bad my mental health problems have gone down hill with all this in the first place thinking about this thing makes me mad that this is still going on to this day with assessments and the hope that you just give up with it well know way and Milly123 do not give up I know that its hard at times having this on your mind day by day but don't let them do it to you keep strong one thing that as helped me a lot is all the community on this forum at Scope so thank you to you all for this help you give.
  • janer1967janer1967 Member Posts: 9,286 Disability Gamechanger
    Congratulations Gerald another good news outcome which will hopefully encourage others to fight for what they are entitled too. 
  • GeraldGerald Member Posts: 214 Pioneering
    Thank you janer1967 I Do Hope So its not right  the things they get away with and no come back on them after it all to think that the Atos assessor that did my assessment may still be doing them to this day to someone how is this right we have to go through hell and back to get what you entitled too :(:(:'(
  • janer1967janer1967 Member Posts: 9,286 Disability Gamechanger
    I agree I went through the same with my WCA was declared fit for work when I was housebound and wheelchair bound. I went to tribunal and won DWP didn't even attend think they knew was a lost case
  • GeraldGerald Member Posts: 214 Pioneering
    Hi janer1967 It just gets me that you are not allowed at the tribunal to ask about which part of disability that my assessor  works in as I had letters from my doctor about disability and my mental health problems and that I was in counselling for my Severe Depression and Anxiety and that the Psychiatric medication i'm on is at the top dose that you can take and then assessor put know mental health problems he can read a road sign so as know problems or the one with my colostomy and asking me if I need to have it on all the time and there was know problems with me having had peritonitis 
  • janer1967janer1967 Member Posts: 9,286 Disability Gamechanger
    Hi Gerald

    I know they don't seem have any clue of how hard it is to live with a disability and adjust to being disabled after living a very active life b4. 
    At least you got your award. No doubt it will all start again soon for me as due my pip review anytime tho I was awarded last time without any issues 
    .
  • GeraldGerald Member Posts: 214 Pioneering
    Hi janer1967 I think that they think life is a bed of roses if your disabled and where having life is a party ever day I will swap with them in a second one thing you must do for your pip review is get a recording as my one was asked for and told yes no problem and I give them a call the day before to yes then on day the recording thing was not working at that point and this is down to me ask for the assessment to stop tell it was working so get it recorded and do not take know off them for a answer 
  • [Deleted User][Deleted User] Posts: 587 Listener
  • Ami2301Ami2301 Community Co-Production Group Posts: 7,472 Disability Gamechanger
    Congratulations @Gerald! Relieved must be an understatement right now! :)
    Disability Gamechanger - 2019
  • twonkertwonker Posts: 617 Member
    Milly123 said:
    I am still very angry about it but at the same time, very afraid that I could possibly loose what I have already been awarded for 5 years. (or is it 4 years as they are re-assessing people a year before their award runs out? Or because of my age (65), will they give me a light touch in future, or is that only if you get enhanced rate for both?) So many questions. I think this is the last time I can possibly get the enhanced mobility because of my age. Do you mind me asking how long the tribunal have awarded you for? If it's mainly short terms that the tribunals are awarding people for, then I may have to think about what to do next,
    Although M's Rudd made a clear statement that everyone over SRA will get a 10 year award, nothing as yet has been put in stone.
    Some say that they will only get this length if they are on the highest possible award. 
    For the time being anyone over SRA should assume that nothing has been changed and that the short/medium awards will remain so for the future. 

    Taken from Rightsnet  https://www.rightsnet.org.uk/forums/viewthread/14486/

    Some also disagree with using this 10 year promise based entirely on the age of the claimant.
    So surprised and confused that the DWP are to take that course of action for those over SRA. Nowhere can I find any mention in the PIP regs that would allow a decision to be made that is not on a medical/impact/descriptors basis but entirely on age alone. I can understand those over SRA having a final re-assessment and given a 10 year award. But to suggest that all claimants irrespective of the award in place should be automatically be substituted for a new 10 year award purely on the grounds of age. Doesn’t this fly in the face of why PIP was first brought in - regular re-assessments?

    That comment was made by M/s Rudd as the reasoning behind this arbitrary course of action and also stating that it was never the intention to continually re-assess those over SRA. That is not good enough. Staff should be in place. The founding principle behind PIP was the need to have regular re-assessment so as to ensure that the correct level of financial support is being given. What she has stated is a short term fix for a failing of the DWP which was never intended to happen. Age as a criteria of being awarded PIP is so wrong. Instead of those over SRA, why not apply that same rule to those over 40? That will certainly free up some more staff.




  • twonkertwonker Posts: 617 Member
    Do I understand it that the DWP presenting officer stayed with the panel?

  • GeraldGerald Member Posts: 214 Pioneering
    twonker said:
    Do I understand it that the DWP presenting officer stayed with the panel?

    Hello twonker the DWP presenting officer was there to put there case and to ask me questions to say that there right and that the assessment was right for me so then the judge asked the DWP person is sat at the same table as me do you wish to ask questions to me who looks at me and then puts her head down and goes know question  and know she did not stay with the panel like me we had to go out of the room.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger

    Hello @GeraldHow are you ?  Great news my friend well done.

    Congratulations.

    I know from reading past posts a lot of struggle and striving.

    Wish you all the best.

    Always here anytime to be supportive.  Ready to listen.

    Please take care.

    @thespiceman

    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • GeraldGerald Member Posts: 214 Pioneering
    Hi thespiceman Thank you for that and all the rest of the forum at Scope so thank you to you all for this help you give.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger

    Hello @Gerald thank you for kind words.

    Always happy to hear a positive outcome.

    We are a community need to stand together.

    Be supportive with each other.

    Pleasure to meet you.

    Keep in touch.

    @thespiceman

    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • GeraldGerald Member Posts: 214 Pioneering
    Hi thespiceman will do now is time to get things of my chest about Atos And The Assessment and this is it after getting 0 and 0 points on PIP after a 30 mins assessment from high and high on DLA and the assessment done by the DWP and now its outsource to save money well its not working as that with my disability and then to come round in ICU over a week latter with a Colostomy and have Prostatitis and ending up in hospital for 9 months with this and then end up going back in for a colostomy reversal and then that not working and end up with prostatitis once more and end up in hospital for over 6 months with  liquid nutrients given directly into one of your veins. and that not working so end up with the colostomy for life and the assessor asking do you need your colostomy bags on all the time and prostatitis no problems with it and then there is the 2 Heart Attacks no problems and I have angina and asthma and no mental health problems as he put in is report that I can read a road sign and with all this going on I got to the point of thinking about just ending it all as I have severe depression and anxiety and in counselling and that the Psychiatric medication i'm on is at the top dose that you can take and for the assessor not to read the letters and reports from my doctor and consultant ant the counselling reports and just go with a 30 min assessment and then for the DWP M.R. to not look at them to after you point this out to them and say that there going with the assessment from the Atos Assessment and the assessors report and end up at a Tribunal and the DWP to send someone to say that the report is right and then just look at me after the judge ask the DWP person do you wish to ask  questions to me who looks at me and then puts her head down and goes know question so as you can tell i'm mad as hell about this and look at me like i'm not telling the truth and i'm A1 and you know that this is still going on to this day is B??? S??? as far as I can see there is no comeback on Atos or there assessors just keep getting there money but we are the ones that are not telling the truth and after put up with this as thought we don't have a lot to put up with in life do they think we are having a life of wine and roses and it a party life ever day Someone Needs To Say Know More.                           Sorry about going on so long with this.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited May 2019

    Hello @Gerald Please can I thank you for sharing with me. No problem this what the forum I use this for.

    Also I can identify what you are experiencing going through.

    The main reason I come on here is to be supportive, listen be a friend.

    Having no one to speak to for days or months use this for forum to help and guide others like my self.

    A gentleman who has been constantly rolled over, walked over this is me.

    Been on the benefit system now since first started in early eighties on and off . Permanent from early nineties . With exceptions doing Government schemes of employment. Worse thing ever and many other sorts of aspects of schemes.

    Plus I know have seen many changes.  The old days of assessments a computer an assessor you have to answer either A, B, C or D .

    Ridiculous, daft and totally wrong. Evidence was used but much of it was vastly ignored in my case.

    Despite the problems .  Have done this ongoing for such a long time.

    Including being constantly reassessed and assessed on a rolling treadmill, conveyor system for every 18 months ongoing. When mental health charity intervened and told them .  Why are you doing this?.  He is not getting better, not helping.

    Feel for every one.  Always understand and be supportive.

    All I can add know you from reading have had a lot to deal with and to cope with.  Which I know is always something can be emotive and painful to deal with every day.

    I respect that. From some one who has a life long disability and have spent more than a lifetime coping with hospitals and much more.

    One of the useful aspects of knowledge and education I learnt is that there is some help and support out there.

    Looking on line or accessing your Doctor talking to them can be beneficial.

    Please I know this is difficult most days. Please talk to me. If this helps you.

    Happy to do so.  Ready to listen.

    Us gentlemen if we need to talk please do. I know from being part of mental health charities and other aspects of support.

    There is in my area a project run by the County Council called The Cree Project. Cree is a Northern term for a shed. Have a look on line might be in your area.

    I know many areas  all over the country are doing this.

    It is a men's support group for those wishing to chat, talk find friendship. Do activities like Gardening.  Plus other social activities.

    If that is not for you.

    Consider looking at this forum.  Does help.

    Wish you well. In anything you do. I hope you can move on.  Try to remain positive.  Please if I can be of any help.

    Get in touch.

    Please take care.

    @thespiceman

    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • GeraldGerald Member Posts: 214 Pioneering
    edited May 2019
    Hello thespiceman Thank you so much for your kind words like I have put I just do not under stand how in this day and age how you are asked to send in evidence to go with your PIP move from DLA and then no one looks at it and just going with a 30 min assessment and then you ask the MR to look at it and point out thing in the report and read the evidence and they still say that the assessment that the assessor did is right and do not look at it then is there a point sending it in the best one is the one I got was when I got the papers from the Tribunal was that the DWP put I had not ask for evidence from my DLA assessment to be looked at and that is right but I did not know that you can do that and that I did not ask for the new evidence that was sent to be looked at by them the problem with that was on the letter from the MR as we have looked at the points you have asked for and your evidence in black and white from the DWP and then at the Tribunal the judge asked you have put you have mental health problems but in the papers we have from the DWP there are no letter to which my answer was yes there is as all the letters that I sent in as evidence were a copy so I still had the original copy and that was with the lady from CAB that was with me and she give it to them at the tribunal and as this was new to them we had to go out for a min then asked back in so if someone is out there getting set to send in evidence with there PIP forms get them a copy and you keep the original copy and the best bit was that you may have not sent it by mistake to this my answer was no as I did not fill in the PIP form it was done by CAB who sent it in for me from 2017 and CAB do a copy of it before they send it in and the lady from CAB showed them it with the date that it was sent to the DWP in 2017 that made me happy as this did not look good for the DWP as there was that and the copy of the letter from the MR about looking at the evidence to so if someone is doing a PIP form get the CAB to fill it in for you as they will have a copy of all the things you have sent in to the DWP to support you for PIP Hope this will help someone that is having to get PIP or from DLA to PIP. 
Sign in or join us to comment.