Screwed over twice

PatchG

Had the phone assessment. As per other peoples experience, the assessor wrote a pack of lies in her report, and deliberately ignored vital points. 
I was awarded low end and not enough on mobility so I asked for mandatory reconsideration. 
I requested a call back in that regard and was promised a call.
It didn't come.
I called again and was promised the call again.
It didn't come.
Today I got the recon letter saying I will now get nothing, points I was awarded were removed.
I am distraught and destroyed. This is how they take us out.
I won't financially survive the time it takes to have the appeal.
They win, just as they wanted. What's the damned point. They are sick evil monsters. This will finally finish me off.

dawny63

Hi my husband  got 0 points. Everything  he said on telephone assesment  has been changed.  He has osteoarthritis  in right knee. Can hardly walk ect . Its moderate with bone spurs. Osteoarthritis  in left hip and  back. Without even seeing him he dont  need help. Oh and  he drives a automatic  but the nurse said hadgears.  Not sure if it's a mistake or deliberate. Wouldn't imagine a nurse would like.  We are going down the m r route. 

PatchG

I had been awarded points though, so was awarded the lower level and nothing on mobility which is what I wanted reconsidered. I can't go anywhere unfamiliar on my own, which they ignored.
They claim my clusters are under control - I have up to 5 a day for 7 months of the year, every year!
They base that on my hemicramia continua treatment which is not cluster treatment and has zero impact on clusters. I have oxygen tanks for that to ease the pain.
They are pure evil, twisted, skins of hate.

janer1967

Hi @PatchG I am sorry to heart about your experience and I know there are a lot of people in similar situations. Was this a new application or a review .

If you are considering appeal the wait times are much shorter at present due to them doing telephone tribunals so it may not be as long as you think.

The success rate of MR is a lot less than tribunal

PatchG

I had been on DLA (had an accident in 1995, was refused DLA at the time 'because my husband worked'.... When I got divorced, solicitor said that was not a factor - I was told twice by DWP at the time that him working was why I couldn't have DLA. After divorce I finally got it since 2005). It was the being forced to apply for PIP as they are making people switch, so new claim in that regard. People on DLA should be switched with automatic award, we don't suddenly become undisabled when they change the name of a benefit.
I was supposed to start getting PIP on Monday. 
This is pure spite because I stated the assessor lied on her report.
I did record the phone assessment and the subsequent calls, so I will be using those recordings.

dawny63

It really  does seem like they tell lies
 Or putting what they want  to fit the descriptors. My husband  had nurse at his phone assesment.  I dont think telephone  ones are very good.  They can't  see how it  affects  you.

janer1967

Unfortunately DLA and PIP are different benefits with different criteria and that is why you cant transfer straight over . Lots of people are not successful when they move over 

However dont let this put you off appealing 

dawny63

I thought you  could work. Fulltime  or part time. You can  on pip. Its really  bad especially health professionals.  Mind you I think alot of people end up with o points first

PatchG

I did have points though, enough for lowest which I was awarded, the mandatory reCONsideration monster has removed them and stopped the money I had been awarded which was supposed to start being paid on Monday.
I can't work because DWP doctor and physioneurologist declared me uninsurable in the workplace after my accident in 1995, and that was based purely on my arm injury, let alone brain injury.

janer1967

I'm sorry you had original decision overturned what was the reasoning behind it 

I also cant work what other benefits are you claiming or anything else that could help your financial situation 

dawny63

That's really harsh. You  asked for reconsideration  and  lost all points. I'm so sorry for you. Could you involve your mp .?

PatchG

@janer1967
The only four reasons I can see to overturn, is 1) Spite because I asked them to look again at the mobility section, but instead they removed points already awarded
2) the second person clearly considers the first to be incompetent
3) spite
4) evilness

PatchG

@dawny63 my MP is a conmerchantive, his voting past has been against people on benefits through and through. He won't see people, even before covid it's email only.

lulu1949

@PatchG  when you say that they removed points already awarded were these points given to you by the courts at Tribunal? I thought they couldn’t remove points if the courts had given or am I wrong? X

PatchG

@lulu1949 it was points awarded from the phone assessment. Asked them to relook at the mobility. They removed the points I had been awarded for one part, and removed points altogether from the daily living part.

They had deliberately already ignored information to give as few points as they could get away with but the mandatory person has removed even more. I was supposed to start getting paid on Monday. Now I will probably starve to death before appeal process can happen. If the depression spiral doesn't take me out first.

PatchG

@woodbine

They absolutely are out to get us, thats why so many have to appeal. Why do they deliberately lie on their assessment end?

Under UK law, only one person in a recording needs to be aware of a recording for it to be legally used. 

Recording of assessments are already permitted anyway...

PatchG

Nope. Recording equipment has to be our own. At face to face, they have to be given a copy of the recording. Phone assessment obviously can only be recorded on the phone for quality.
Yes, I told them in advance that I record all important calls because my memory is impaired.

They did lie. 
I have the proof.

There is NO defence for those evil monsters.
None.

PatchG

I will need to break down the points to respond to, it will take me some time.
I do thank you for your input but there is much to clarify.

Lulu_1949

@Username_removed
just read your piece, bit worried on your point 5 , I was under the impression that once the tribunal gave their decision and awarded points that this was set in stone for the period allowed i.e. in my sons case till June 2023. I thought it could only be altered because of a point of law.

Lulu_1949

Thankyou for that,  I quite understand the 10 year scenario. I have had to email the court for a correction as the daily living was given from 9th June 2019 to  6th June 2019 which was obviously a typo because the mobility was 9th June 2019 to 6th June 2023. 

So if you went for another assessment during the three year period  because walking got worse is there a possibility they could reduce the award already given or do they wait until your granted period runs out? 

lulu1949

@Username_removed thank you. I am so worried that after fighting for so long and so much paperwork that they might take it off him! It was good to have a telephone tribunal but on the other hand I think instead of getting 10 for his mobility if they had seen him he would have possibly been awarded 12. This would have given him a chance of getting a mobility car so that he could go to work independently whereas he has now got to use his standard payment to buy a secondhand car. We will have to look at paying for it to be adapted so controls are in steering wheel to help him.