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HELP ME - PIP - First Timer - The Process Discriminates - LEGAL ACTION

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ben_kook
ben_kook Community member Posts: 18 Listener
Hello everyone,

LONG POST - THE ASK IS AT THE BOTTOM

I will share that I feel like a disability imposter! I have ADHD and was diagnosed as an adult this years. What looks like forgetting a few mental health things, a bad temper, changeable moods, SAD, Anxiety, Depression is actually a lot more that has affected my entire adult and adolescent life.

The trouble is that I'm energetic, insanely positive and progressive about all abilities.

When I was diagnosed this year - I thought continue as normal. And then I started seeing the symptoms. And my physical health deteriorated. I ended up out of work after two bouts of sickness.

And I started a claim for PIP...

... After going through the process I've been left in tears. I've felt completely powerless to describe my disability and condition have been forced to re-live the least able version of myself. I feel I've been gaslighted. I feel like someone who has no idea about my life, my daily life and the adjustments I make is judging me. Not seeing me.

This is not a picture the department responsible for enabling people should do.

I have been told what my abilities are. And the taxpayer pays £100's millions every years for people like me to have this assessment.

I have never been so angry.
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What I'm doing

I'm obviously going through the standard appeals process. But after a bit of digging I've discovered:
- There was insufficient consultation before PIP was introduced
- Where you live could impact the success rate of your claim
- That its impossible to get a fair hearing - I've had two people do my assessment and each wrote something different
- That the regulations approved by parliament are clearly ableist and discriminate against different disabilities
- That the regulations may not be compliant with the Equality Act, Human Rights Act and the Disability Discrimination Act
- That the PIP Service itself does not meet government or legal guidelines for accessibility
- Because different suppliers are appointed to different regions, outcomes can vary significantly, as can the assessment of the service
- Your score and outcome changes at each step of the process - which can leave you in the lurch for 12 months

Finally I strongly believe that someone who lives with a impairment, disability or lives somewhere on any physical or mental 'spectrum' should never ever ever have a state employee tell them, in a letter what their lives are actually like.

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Next

So I'm trying to seek a judicial review of the original legislation and 'statutory' instruments. I will put my hand-up and say I was part of the Universal Credit implementation programme in the digital and legislative section.

I'm also going to put my hand-up and say when I saw the rules that underpin this process I realised that the government didn't want to provide any money to people with disabilities. I was particularly appalled with the mobility element. I didn't understand how you could "score points" if you could walk less than 10 meters.

We should not be scored. Ever. I honestly believe that trying to award based on less than two pages of legislation, the full spectrum of impairments and abilities is discriminatory.

How can someone with a mental health illness meet a 50% threshold. What if you've already made adjustments. What if you can walk more than 10 meters, but theres a question mark over what support or adjustments you need. What, if like me, you use Amazon Alexa as a person to tell me when to take my meds, set my lighting, tell me when to go to appointments? I don't need a carer. Amazon does that!

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What I'm worried about

What I'm worried about is the scope. What I'm asking for is for PIP to be declared illegal. Under the human rights act, namely:
- It discriminates between claimants and disabilities
- It isn't accessible
- Providing excessive evidence to the state is a breach of our right to a private and family life
- That a fair tribunal and process is not possible - because persons A & B could have similar circumstances and effects but completely different results

I don't know what this means. But if I am right, then the government will need to re-think both the service and replace the legislation. Which I think is a good goal.


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What I'm asking

Help me! Tell me what you think and where you think the service discriminates. If I can I might use this as evidence, with your permission.

I have no idea what I'm doing - and don't know if PIP has be challenged on such a big basis before. My gut tells me that the government needs to go back to the drawing board, or at least allow discretionary powers.

I'm the same person and I've been assessed by the same service as both not eligible for PIP but also LCW. Which is contradictory.



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Comments

  • rebel11
    rebel11 Community member Posts: 1,664 Pioneering
    edited December 2022
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    Agree 100%, the system is 'flawed', claimants are disadvantaged, because it's 'human nature' to adapt to challenges / circumstances, by adapting, the system can deem that you don't need the extra help, which you might need. Assessment questions are 'loaded', so the answers can be interpreted in different ways, in ways that can count against the claimant.  
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,983 Disability Gamechanger
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    Hello @ben_kook. Welcome to Scope's forum. It is great to see you have joined us. How are you at the moment?

    Thanks for already finding the courage to reach out to us. I appreciate how much courage it can take to reach out, especially when you are new and finding things difficult.

    I can see @rebel11 has already responded to your post though. Do you feel this response has provided you with the support you were hoping for?

    Please don't hesitate to let us know if there's anything else we can do to support you. We are all here for you and listening to you.

    Take care for now and we will look forward to, hopefully, hearing from you again soon  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
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