PIP, DLA and AA
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People wrongly assessed after high court rulings.

cat_hugcat_hug Member Posts: 126 Pioneering
Hi everybody,
I was on the phone with Pip yesterday and asked how they are identifying people wrongly assessed under the PIP high court ruling who may have missed out.

I ask this not just for myself but I have a friend who is in an even more dire situation than myself.

The pip advisor told me this doesn't apply to me, as I was transitioned from DLA in 2018 and the high court ruling was in 2016.

My understanding however, is that MA case was heard in 2016 and another, known as RJ was in 2017.

My recollection of this news is that it didn't really become public knowledge about the possible numbers of people adversely affected who may be owed back pay as a result?

I find it impossible to believe that individuals have been assessed properly immediately following these rulings?

I'm not sure what year my friend was assessed but it was quite a while before me.

My question is, is it only people assessed in 2016 or earlier perhaps who may have missed out? Which is what the pip advisor tells me.

I just find it very hard to believe that all of the individual people assessed since that ruling, had their cases looked at by DWP with the MA  ruling in mind.

What then of RJ case? Which unless I'm wrong was heard and decided in 2017? 

Does it seem impossible that local DWP and ATOS or capita centres, won't have still made rulings that were based on guidelines before MA and RJ?

We still hear horror stories of the draconian treatment of people with disabilities in 2021.

I know my hearing didn't consider these rulings, as I made the huge mistake of citing them in my appeals, which really seemed to tick the judge off at my FTT. ( she virtually flung the pages across the table asking 'where did I get these?' 

Any advice on this appreciated, if only to be able to help my friend or others, who scored zero points, despite 3 strokes, a serious back injury that left him unable to do his previous job as a mechanic, nor much else as he can't sit for too long and can't stand for long either as well as suffering severe right sided weakness from his strokes.

Thanks in advance if anyone can advise?
Cat xx

Replies

  • woodbinewoodbine Community Co-Production Group Posts: 4,388 Disability Gamechanger
    I was getting interested until you said and I quote  "We still hear horror stories of the draconian treatment of people with disabilities in 2021."
    That isn't the experience of the majority of disabled people.
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • mikehughescqmikehughescq Member Posts: 6,533 Disability Gamechanger
    Not sure where you're living @woodbine but I'd beg to differ. Maybe take a look at DNS and see if you feel the same after a few pages of that?
  • mikehughescqmikehughescq Member Posts: 6,533 Disability Gamechanger
  • cat_hugcat_hug Member Posts: 126 Pioneering
    @woodbine I'm glad that you haven't experienced adverse treatment and that you can 'beg to differ.
    You must live in area where services and support of people with disabilities are exceptional.

    In my opinion, that is the exception and not the rule. As @mikehughescq said, read a few pages of Disability News Service and see if you still feel the same.

    Mike has spent years working to support and advise people with disabilities and has seen first hand probably every horror scenario you could or could not imagine.

    Best wishes and enjoy your day. We will agree to disagree 😉

    Cat
  • cat_hugcat_hug Member Posts: 126 Pioneering
    @mikehughescq
    Man knows his onions. Like I said 😀
    Cheers Mike. Another great source of info and help
  • woodbinewoodbine Community Co-Production Group Posts: 4,388 Disability Gamechanger
    I simply voiced my opinion based on my experience and the fact that out of millions of claimants many have a good experience of the system, but i'm close to giving up on here probably because i'm a glass half full sort of guy despite some of the low key bullying that's creeping into this forum (and i'm not particularly refering to this thread with that comment but other very recent ones).
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • woodbinewoodbine Community Co-Production Group Posts: 4,388 Disability Gamechanger
    cat_hug said:
    @mikehughescq
    Man knows his onions. Like I said 😀
    Cheers Mike. Another great source of info and help
    or seen another way he has his opinions ?
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • Ross_ScopeRoss_Scope Posts: 4,097

    Scope community team

    I think there can be no doubt that there are many what we could describe as "horror stories" out there, but that there are also many untold positive stories as suggested by @woodbine, nobody is incorrect here and all opinions are relevant.

    If you want to get in touch with us @woodbine about your feelings that there has been bullying on the community lately, please send us an email to [email protected] and let us know about your concerns. We'd be happy to discuss anything that's worrying you.
    Online Community Coordinator

    Talk to our chatbot and give us feedback on the community.
  • janer1967janer1967 Member Posts: 11,008 Disability Gamechanger
  • woodbinewoodbine Community Co-Production Group Posts: 4,388 Disability Gamechanger
    Thank you Jane, I was beginning to think it was just me  :/
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • janer1967janer1967 Member Posts: 11,008 Disability Gamechanger
    @woodbine
    Hope everything goes OK for you and sm tomorrow you will be in my thoughts x 
  • mikehughescqmikehughescq Member Posts: 6,533 Disability Gamechanger
    woodbine said:
    @Ross_Scope nothing I can put my finger on, just the general tone of some threads where people have done their best to help but have had their input shot to pieces by people who claim to know better, We, that is many of us are only trying our best to help but are made to feel that others somehow are superior.
    Doesn't help that some threads don't get shut down quickly enough.

    Might just be my emotional state at the moment, but I do worry that the attitude of some (unnamed)posters might put newer members from joining in some discussions in case they are "shot"down in flames.
    Way off topic now but an interesting comment. I’ve found over 5/6 years or so that people here want to have their cake and eat it to some extent. They get frustrated at not having clear answers to things from fellow members and welcome the occasional expertise but they only welcome that expertise when it clarifies objectively without pointing out when something is plain wrong or dangerous. 

    Actually they’re okay if wrong or dangerous stuff is highlighted provided it’s not they who are being highlighted. At that point the passive aggressive attack dogs consistently come piling in. Liking others abusive posts; posting personal abuse and worse. The end result has been a gradual loss of expertise from the forum over a period of years which shows no sign of slowing allied to people complaining that other non-experts have been “driven out”. I’m not sure how many here realise just how many posters supposedly “driven out” were not only abusive; breached the terms of the site in other ways and harassed posters outside of here.

    The lay members throw in comments about others who “claim to know better” which simultaneously sounds Govian in its contempt for anyone with any knowledge and infers bizarrely that experts are only here to show off and would be happy only when they have driven all dissent from their view out. It’s a weird, contradictory world view. 

    I remain of the view that this site lacks competent search and requires a complete rethink on moderation. People are welcome to have different views to that but it doesn’t take much effort to go back a decade or more to find people who used to be on here who have found safer havens elsewhere and for whom the issues were essentially exactly the same as now. 
  • woodbinewoodbine Community Co-Production Group Posts: 4,388 Disability Gamechanger
    janer1967 said:
    @woodbine
    Hope everything goes OK for you and sm tomorrow you will be in my thoughts x 
    thank you if it all goes according to plan all should be ok, but will be a difficult day for SM, but of course I'll be there to support her throughout x
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • cat_hugcat_hug Member Posts: 126 Pioneering
    woodbine said:
    cat_hug said:
    @mikehughescq
    Man knows his onions. Like I said 😀
    Cheers Mike. Another great source of info and help
    or seen another way he has his opinions ?
    Fair enough.
    Best of luck for today. Sounds like you have something iimportant happening (reading between the lines of Jane's comments) so sending best wishes for a positive outcome. 👍 
  • Tori_ScopeTori_Scope Posts: 4,959

    Scope community team

    Hi @woodbine :) Thanks for explaining that. As I'm sure you can imagine, tone can be quite difficult to manage on an online community, as people will interpret written text in different ways, and different people also have different styles of communication. I'm also sorry to hear you don't feel as though threads are always shut down quickly enough. I've popped you over an email.

    If anyone else has concerns over bullying, moderation, or any other community-related issues, please feel free to email us on [email protected]

    We're keeping this thread open for now in case anyone has any further thoughts on @cat_hug's question.
    Online Community Coordinator, she/her

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