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Partner can't get PIP because he works

Woody1998Woody1998 Member Posts: 9 Listener
edited June 2020 in PIP, DLA and AA
Really need some advice, my partner was diagnosed with COPD and Emphysema stage 3, he may have to have a lung transplant in the future. However, on the advice of his medical team he applied for pip and didn't score one point, the reason being his because he works apparently.
 He refuses to give up his job until he can no longer do a sit down job, he pushes himself even though he seriously struggles . The accessor basically cut the assessment short as soon as he mentioned he worked.
 10 weeks ago he asked them to look at the decision again but this time using his medical records and contacting his team, but he still hasn't heard anything, this has been going on for 25 weeks.
 At the moment he's on the shielding list and is unable to work, he received his letter from the bus two days after Boris announced the shielding guidelines. Pip have copied of this showing how vulnerable he is.
 As anyone got any advice or had similar experiences, my partner has reaccuring chest infections, can't walk twenty meters without getting seriously breathless, on bad days has to sleep downstairs and is on over 5 different medications per day.

Replies

  • woodbinewoodbine Member Posts: 2,326 Disability Gamechanger
    Hi @woody1998 and welcome to scope, many people work and claim PIP, its usually upto the claimant to supply evidence the DWP aren't good at seeking it out, I assume he is waiting for a decision on an MR? or has he appealed? appeals can take upto a year to be heard.
  • AilsAils Community champion Posts: 2,268 Disability Gamechanger
    Hi @Woody1998 and welcome to the Community.  It's nice to meet you.  I'm really sorry to hear about your partner's current health issues and the fact that he was turned down for PIP.  This must all be very upsetting for both you and your partner and I can appreciate your frustrations and worry.  I'm not an expert on DWP matters myself so can't provide any insight, sorry, but there are other members of the Community and the Scope Team who are more experienced with this and maybe able to offer some advice to you and if so will post here.  Meantime, please find some information about PIP which Scope has put together, which you may find helpful -

    https://www.scope.org.uk/advice-and-support/personal-independence-payment-pip/

    I do hope things improve for you and your partner in the future and wish you well.  All the best.  :smile:
    Winner of the Scope New Volunteer Award 2019.   :)
  • Woody1998Woody1998 Member Posts: 9 Listener
    Yes MR, they have evidence and a diagnosis letter from his consultant, clearly stating his diagnosis, ehat stages a transplant will take place, his difficulties etc. 
     The assessment was going well, they asked him about employment and once he said he worked, she said she had enough info. Oh and on thr decision letter stated hr was of clean appearance, which was like, so i can't take care of him and hes got to walk around like  a tramp. Scored 0 😂
  • AilsAils Community champion Posts: 2,268 Disability Gamechanger
    I'm very sorry to hear all of this, @Woody1998.  I'm sure some of our members will be able to advise you well on this.  I realise this is a very disappointing decision for you.  The forum will support you and your partner all that we can.  :smile:
    Winner of the Scope New Volunteer Award 2019.   :)
  • Woody1998Woody1998 Member Posts: 9 Listener
    Ails, thank you i think he is more frustrated because hes never claimed a penny, worked in foundries most of his life (hence his condition) up until a few years ago, then even after being diagnosed carried on pushing himself through pride.
     Hes got GP, consultants and COPD nurse telling him to claim for two years, goverent telling him hes in a very risk category hence not goung through the door for 12 weeks and trying to put things in place for when he has to finish work. To be basically told because he works and of clean appearance he can manage his condition, so scores zero.
     We'll get there its just annoying that when he genuinely needs help he gets refused and the fact people recieve these benefits who have the same condition due to drug addiction, just strange. 
  • CressidaCressida Member Posts: 575 Pioneering
    @Woody1998 you can work and receive PIP (I do). My employer has made reasonable adjustments including one day working from home. (5 days at the moment). You have my sympathy, I have only recently claimed after suffering for many years as I was still managing (albeit struggling) to work. I had never claimed any benefit and only applied after a friend practically forced me to do so. 

  • woodbinewoodbine Member Posts: 2,326 Disability Gamechanger
    @Woody1998 if his problems were caused by his job then have a look at this link>
    https://www.gov.uk/industrial-injuries-disablement-benefit
  • Woody1998Woody1998 Member Posts: 9 Listener
    Same here, his medical team have nagged him for over a year plus to apply. Then the assessment was going well, as soon as work was mentioned her atitude completely changed and said it was concluded.
     The decision states that they are happy he can take care of himself because he was of clean appearance and holds down a job, which never stated it was a sitting down job, how much time he'd been absent because of his condition. Never mentioned the struggles he has. 
  • atlas47atlas47 Community champion Posts: 118 Pioneering
    edited June 2020
    Hi @Woody1998

    Has your partner, undergone a Pulmonary Rehabilitation Programme?

    Does your partner have regular assessments by the Respiratory Nursing team?

    Does your partner have an an annual check up, at your GP surgery?

    This is usually done by the Practice Nurse and subsequent follow up by GP Lead, on respiratory diseases.

    If so, you should have overwhelming evidence to completely refute the assessment report, you have cited in this thread.

    Living with COPD is all about “avoidance behaviour”, that is you do not risk exasperating your condition, you must take time and caution with all aspects of daily living.

    Try the British Lung Foundation helpline, for specific advice and support.

    My wife has COPD and I consider we are both experts, in the field!

    Your partner might wish to educate the DWP on a couple of key points, about COPD.

    1. It is incurable.

    2. It is lifelong.

    3. It is unrelenting, there is no ebb and flow of the disease.

    Please give me a world, that truly understands the impact of COPD.

    Keep us informed.

    Stay kind and be safe.
  • Woody1998Woody1998 Member Posts: 9 Listener
    Yes all of those, plus he has to see his COPD nurse once a month, consultants every three months.
     Thank you, tbh i don't think they have contacted his GP, consultants or nursing team. The assessor was about 20 years of age and her attitude was you can work and stay clean, you don't need it.
     Thank you for your advice and stay safe. 
  • mikehughescqmikehughescq Member Posts: 4,999 Disability Gamechanger
    PIP don’t contact anyone normally. The onus is on you to provide evidence. 

    As well as your actions thus far I would consider a formal complaint against the HCP.


  • atlas47atlas47 Community champion Posts: 118 Pioneering
    Hi @Woody1998

    Some more information for you to consider, as further evidence.

    What inhalers are prescribed, for your partner to use on a daily basis?

    Does your partner have a Rescue Pack, available for self medication, in the event of a flare up?

    A Rescue Pack consists of anti-inflammatory tablets and a seven day course of anti-biotics.

    In the meantime, once on this medication, you seek an appointment with the Respiratory Nurse or GP.

    Also note you can obtain GP records, free of charge.

    Hope this helps.
  • Woody1998Woody1998 Member Posts: 9 Listener
    Yes he has all of them, his rescue pack is 14 days supply of two different antibiotics and steroids. They already have evidence of his diagnosis, his medication and appointments he has too attendie : every 4 months to see his consultant, every 6 months at the COPD clinic, every 6 month review with his GP etc.
     His team are very supportive and will provide any evidence they require.
     He has now forwarded an official complaint regarding his assessment and enclosed further evidence, he is willing to go to a tribunal. We will just have to wait it out, its just frustrating and we are completely new to this. Thanks for the advice. 
  • katho31katho31 Member - under moderation Posts: 700 Pioneering
    hi, @Woody1998, really want to wish you the best of luck, frustrating yes  :( dont give up, and keep asking if you need advice/want to vent!! take care, be kind and stay safe  :)
  • Woody1998Woody1998 Member Posts: 9 Listener
    Aww, thank you. We won't give up. X
  • alieshiaalieshia Community champion Posts: 73 Courageous
    @Woody1998 are you at the appeal stage now? The evidence you need to provide is about how his condition affects his daily life, not the condition itself. Does he need help to put his socks on because of getting out of breath? What would happen if he tried himself? Does he need to sit to peel some potatoes? If so have you been prescribed a perching stool? Provide a copy of the receipt. 

    My brain is tired tonight so I will come back to this tomorrow. Please tag me @ then my username alieshia if you have any questions.
  • Woody1998Woody1998 Member Posts: 9 Listener
    Yes i understand that, hes done all of that. He definitely wouldn't of applied if he need help, he's listed and provided the evidence he needs help with and told them what he doesn't need help with. 
    Thanks for your support. X
  • alieshiaalieshia Community champion Posts: 73 Courageous
    @Woody1998 keep fighting! I wasn't questioning his need for PIP I believe what you say. What I meant was the way its written down on the form has to be formatted in such a way that the person reading it knows which boxes you tick clearly. If there is any room for doubt that box doesn't get ticked. 
  • helentaylorhelentaylor Member Posts: 15 Listener
    @Woody1998 that’s a load of rubbish!! sorry but it is. You can work and earn a million pounds PW. and still get it. I think your making it up lol. I work and get what I’m entitled to if not more! as long as your not getting points for descriptors your not entitled to do to working ect ect. 
  • Woody1998Woody1998 Member Posts: 9 Listener
    I know its a load of rubbish or i wouldn't be asking advice, I'm not a liar. I definitely wouldn't make up that my partner of 28 years as from Thursday entered the transplant list, i would rather have my sons father and my partner than any money. If I'm talking **** why is his consultant now writing a letter on his behalf stating of the seriousness of his condition and what he needs support with and how its becoming more frequent.
     I stated the assessors attitude completely changed as soon as she realised he was still working, to the fact she concluded the interview. I guess we are not wired up to how the system works and how some claimants know how to work the system to their advantage, getting more than they are entitled too. 
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,746 Scope community team
    A gentle reminder before this escalates any further:
    The community welcomes open and honest discussion, but it’s important to be mindful of how we speak to one another.  

    Thank you. 
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,746 Scope community team
    Hello @Woody1998.

    Sorry to hear your partner’s assessment was such a bad experience and the outcome didn’t go the way you’d hoped.
    As others have said, people can work and claim PIP, but sadly it doesn’t seem too uncommon for them to make assumptions based on working status.

    Unfortunately there’s no timescale for decisions on MRs but hopefully you’ll hear soon. The success rate for MRs is quite low so you should prepare yourselves that you may need to take it to tribunal. 
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • mikehughescqmikehughescq Member Posts: 4,999 Disability Gamechanger
    I’m glad you’ve lodged a complaint against the assessment and an MR but the key points here are:

    - whether the specific work done suggests PIP descriptors can’t be satisfied.
    - DWP will not seek evidence. You have to evidence entitlement and it’s not the role of DWP to help you with that. 
    - it doesn't matter how many of his medical professionals suggest he ought to claim PIP. They are not social security experts and I doubt they’d be able to cite a single line from the regs. Recommendations to claim benefits are well meaning but often misguided. 
    - shielding illustrates vulnerability but it’s not relevant to scoring PIP points. There’s no relationship there at all.
    - whilst stage 3 is severe anyone working is suggesting that they’re maybe not using their oxygen too much and, if they are, they’ve not explained it fully. 

    Frankly I’d say you’re at the stage he needs welfare rights advice. 
  • MsCuriosityMsCuriosity Member Posts: 11 Connected
    @Woody1998
    Hi there.

    I work and I get PIP. I suppose it depends on what job he does. I'm constantly saying the assessors are incompetent and not qualified. Appeal, appeal, appeal. Xrays, operations and other treatments are facts. Just because he pushes himself don't mean he doesn't have problems. I encourage you to fight this. 

    Unfortunately, whoever wrote the questions is ignorant to uniqueness. They expect everyone to act the same way. It is as though they want everyone with issues to become helpless - victims. The more we challenge is the more we will change things. Good luck.
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