Accountability time for dwp

just4once

From 2006 until recently I have had to battle through the pip system including two tribunals each giving a different award then to the upper tribunal due to error in law it has been extremely detrimental to my mental health especially as i was born with asd the chopping and changing and waiting for decisions to be made playing with not only my life but of my family too I would like to sue them for physiological distress caused by the system. A pip assessor salary is shocking 48 k a year remote working and their remit is to save the government money aka cut the benefits budget people have died through these decisions I think it’s time for action 

just4once

Could do with advice on taking them to court for negligence 

janer1967

Hi and welcome to the community 

Sorry to hear about your experience 

Your best option is to seek legal advice maybe contact welfare rights ad a starting point 

However pursuing a legal claim would I expect cause you even more distress so you need to think about what you are hoping to gain by this 

I can't imagine it will be easy as the process is quite rigid but get expert advice 

Karen7788

@just4once,
I had a similar situation when applying for my brother a few years ago, we got our local MP involved in the end, they managed to sort things out. I’m not going into detail on here as I still find it distressing. 
The stress that we went through then as put me off applying for PIP myself, so I haven’t applied, when everyday is a struggle. 

poppy123456

just4once said:

Could do with advice on taking them to court for negligence 

That isn't going to be possible here because we are not legal advisors. You also mention its regarding a PIP claim from 2006 but PIP wasn't introduced until April 2013.

For expert advice start here. https://advicelocal.uk/

just4once

I live in wales dla stopped reapplied told no mandatory reconsideration no tribunal number one said yes daily living  no mobility allowed after about a year this was stopped no explanation when through the entire process again this time the tribunal said no living allowance but yes to mobility took it further to upper tribunal who told lower tribunal to fix it now on enhanced living and standard mobility
people make the decision it just depends on luck of the drawer which is not a fair or fit for purpose system it is difficult enough living with a disability without putting up with this standard we deserve better we should not have to justify ourselves to anybody benefits have been stopped people have died I would like to live in a world that is equal for all

poppy123456

The Tribunal is completely impartial to DWP. It’s a good thing you got the right decision in the end. Maybe it’s time to move on now. 

just4once

I wish it was that easy 

L_Volunteer

I hear you @just4once. Indeed, if only "it was that easy". What do you usually do to find these sorts of situations more manageable? We are here for you and listening to you if we can do anything to support you through this 

just4once

I am autistic newly diagnosed in March I also have ptsd still awaiting treatment for the last two years with trauma there are three coping procedures flight fight freeze so that is why I fight for fair treatment and accountability there are laws and regulations in place already but unless they are enforced properly more people suffer thankfully citizens advice dealt with pip for me over the years hopefully my case will be used to help others lessons to be learned 

Cartini

just4once said:

their remit is to save the government money aka cut the benefits budget people have died through these decisions I think it’s time for action 

Their remit is NOT to cut benefits, their remit IS to ensure those who need them get them. DWP isn`t perfect, probably because of the ridiculous amount of benefits they have to administer, so mistakes are bound to be made. 

just4once

I did not mean to offend anybody so my apologies if anyone Google’s pip assessments jobs the information is there same stands for deaths caused by dwp delays and decisions 

Tori_Scope

Hi @just4once Don't worry, I'm sure people can see where you're coming from. Many people feel that the process has caused them a great deal of distress. Did you watch the 'Truth About Disability Benefits' Dispatches episode on Channel 4? 

Thankfully, many people don't have such a negative experience with their PIP claim. I'm glad that you had some success with the tribunal in the end!

It sounds as though you're passionate about equality and fighting for the rights of disabled people, which is great. What changes would you make to the benefit system to make it work better for disabled people?

I noticed that you've mentioned experiencing some mental health issues, too. Do you feel you're receiving enough support to help you manage your PTSD? Being on long waiting lists can be quite disheartening, but hopefully you'll find the treatment helpful in the end. 

Getting a new diagnosis can bring about some mixed feelings. How are you feeling about being diagnosed with autism?

just4once

I still haven’t had any help with the ptsd as yet passed between community team and secondary team to no avail I had to complain to stop wasting nhs resources and time tick the asd box so I can get ptsd therapy that is suitable for someone with asd instead of over medication I Can not afford private treatment I am more holistic but sensory overload with asd the ptsd has been caused by disability discrimination unfair dismissal and forced Illheath retirement so they retired me age 49 this was done illegally by a international company they stole my rights to work my Right to life I have to move home because I live in a small community and this supermarket is five minutes away from where I live when I used to go out old customers used to stop me and comment on my drastic weight loss 3st because of stress telling me how much they missed me and why did I leave ect so now I don’t go out I have one right left and that is to go to court with all of the evidence of health and safety laws and the facts they refused any to even discuss  reasonable adjustments confirmed by case uk and the able futures program I have to self represent at a five full day public hearing in Cardiff still awaiting court date  which is extremely difficult for me and sensory overload but for equality and human rights the laws need to be upheld we are more than numbers we are human beings one life has already been lost at my store because of the way his mental health was treated by the management and system failed many others can’t speak up or are scared to I have nothing at all to lose and will stand for them too

feckineck

Hi everyone I am disabled and have had my fair share of interviews for benefits I feel the decision about my disabilities or lack thereof should be decided on my medical needs as assessed by my GP not a individual working the  benefits system either positively or negatively then we can close the full system saving millions every year and have our benefits decided fairly on our medical needs and not some arbitrary decision by a person who doesn't know anything about our condition we could still have a appeal process decided by GPS probably retired gentlemen.
Thanks for reading my post.

just4once

Totally agree

poppy123456

feckineck said:

Hi everyone I am disabled and have had my fair share of interviews for benefits I feel the decision about my disabilities or lack thereof should be decided on my medical needs as assessed by my GP not a individual working the  benefits system either positively or negatively then we can close the full system saving millions every year and have our benefits decided fairly on our medical needs and not some arbitrary decision by a person who doesn't know anything about our condition we could still have a appeal process decided by GPS probably retired gentlemen.
Thanks for reading my post.

Couldn't disagree more. A GP very rarely knows exactly how anyones conditions affect them so i can't see how it could be useful. I don't know how any GP could find the time to assess anyone for any benefits claim. The backlogs would be longer than they already are now.

Appointment waiting times to see a GP would be longer too and that won't be helpful. A routine appointment at my GP can be a wait of at least 2 weeks. For emergency appointments i can ring first thing in the morning but trying to get through is impossible then by the time you get through all appointments have gone.

There's so many reasons why it would be wrong for a GP to assess anyone for any benefits claim.

Karen7788

When I have a review with my GP I am asked to complete a form on the different ways of how my condition effects me on a day to day basis. I do understand though that all GP Practices don’t do this. I think they do this to help assess how my condition is changing over time and if my treatment is working.

EstherT

I have had the same experience as this but was refused any daily living after receiving it the first time I applied.  My situation has worsened and mental health issues prevents  me getting too stressed to fight this in court. just4once said:

I live in wales dla stopped reapplied told no mandatory reconsideration no tribunal number one said yes daily living  no mobility allowed after about a year this was stopped no explanation when through the entire process again this time the tribunal said no living allowance but yes to mobility took it further to upper tribunal who told lower tribunal to fix it now on enhanced living and standard mobility
people make the decision it just depends on luck of the drawer which is not a fair or fit for purpose system it is difficult enough living with a disability without putting up with this standard we deserve better we should not have to justify ourselves to anybody benefits have been stopped people have died I would like to live in a world that is equal for all