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Advice on claiming PIP?

weltongirl
weltongirl Community member Posts: 1 Listener
edited June 2018 in PIP, DLA, and AA
Hi my name is jay. I work in pharmacy. I’m struggling with fibro and would like some advice on how to claim pip
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Comments

  • gnmeads
    gnmeads Community member Posts: 187 Pioneering
    Hi Jay welcome to the Scope community and sorry to hear about your disability.  This link tells you how to make a claim:https://www.gov.uk/pip/how-to-claim
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    I hope it goes well for you. 
  • aaronw3440
    aaronw3440 Community member Posts: 54 Courageous
    Phone the number and make sure you have specialist letters and doctors letters because the assessor is more than likely to lie through their back side to make sure you get turned down ignore the guideines of them saying not to pay fees for evidence as they'l get it if it's needed because they simply won' get the evidence or even contact your GP or any other professional you see I got turned down because the assessor lied and DWP didn't bother getting the evidence or contacting the GP so now I've gotta go through the reconsideration/appeal process and had to send my doctor and therapist letters to prove how severe it is not sure if they' even take the new evidence into consideration but was worth trying 
  • markyboy
    markyboy Community member Posts: 367 Pioneering
    In my experience the Dwp take little notice of GP letters they always say the doctor can only write down what you tell him especially in the case of how far you can walk
  • aaronw3440
    aaronw3440 Community member Posts: 54 Courageous
    markyboy said:
    In my experience the Dwp take little notice of GP letters they always say the doctor can only write down what you tell him especially in the case of how far you can walk
    Actually no because you can't tell them what to write also when you have a doctor' letter it confirms there' something wrong and confirms what medication you'e on which they don'  just give to anyone as Well as you'e diagnosis also if they suspect nothing is wrong they'l refer you to a specialist that specialises in it to run tests and make a correct diagnosis and if they took little notice then they wouldn' put it in their guidelines of what evidence to actually send even though the doctors letter won't have a decision made on just that it still gets made part of evidence to support the claim along with specialist letters to prove it  and family statements that see how you are daily even on your bad days are a big help since dwp are trying to get a picture of how your condition affects you 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Welcome to the community, @weltongirl. You may also like to take a look at Scope's information on PIP, if you haven't already. All the best with your application, and do come back to us with any questions you may have.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    In the December 2014 review of PIP the following was reported:

    2. The Review saw at first-hand during site visits that the assessment providers have a thorough process for attempting to gather further evidence, making telephone calls and writing to a range of health and social care professionals as advised by claimants.

    8. Under Disability Living Allowance (DLA), individual claimants tended to gather and submit further evidence themselves. The Review understands the intention under PIP was to shift the onus of responsibility to the assessment provider.

    Mike, I would agree that the most practical and certain way of getting a decent award is by the claimant providing all of the evidence, but PIP was not geared up for that to happen.
    DLA was a haphazard system that saw those who could afford to pay for good quality evidence succeed in getting an award whereas those that had little money and thus no means of securing the evidence were at the other end of the scale with no award. Likewise those who were able to secure by way of fees paid for professional support generally had a better outcome.

    I also appreciate that PIP is all about impact, but some evidence to support those claims does need to be sent in.
    We seem to have been sleepwalking into this scenario that the claimant is now expected to supply the evidence when it was never to be the case.
  • pjp
    pjp Community member Posts: 55 Courageous
    I am sure its the same as esa. All supporting evidence was completely ignored.
    Best advice: resign to having to go down the appeal route.
  • pjp
    pjp Community member Posts: 55 Courageous
    On pip thats what i am having to do. Again as with esa. 
  • pjp
    pjp Community member Posts: 55 Courageous
    Its all just a pathetic farce with no other intention than to outcaste and bury the disabled. Starting with the mentally disabled as they the ones who may 'appear normal'.
    Sadly even ppl with ms and in wheel chairs are taking thier own lives out of desperation due to the acts of the dwp.  
  • pjp
    pjp Community member Posts: 55 Courageous
    This just in re pip
    Appeal numbers have gone up from 112,000 in 2014-15 to 157,000 in the year to the end of March 2016. But the president has warned that provisional figures for 2017 ‘indicate much larger increases’.
    The tribunal body to not have the staff to cope.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited June 2018
    Yadnad said:
    In the December 2014 review of PIP the following was reported:

    2. The Review saw at first-hand during site visits that the assessment providers have a thorough process for attempting to gather further evidence, making telephone calls and writing to a range of health and social care professionals as advised by claimants.

    8. Under Disability Living Allowance (DLA), individual claimants tended to gather and submit further evidence themselves. The Review understands the intention under PIP was to shift the onus of responsibility to the assessment provider.

    Mike, I would agree that the most practical and certain way of getting a decent award is by the claimant providing all of the evidence, but PIP was not geared up for that to happen.
    DLA was a haphazard system that saw those who could afford to pay for good quality evidence succeed in getting an award whereas those that had little money and thus no means of securing the evidence were at the other end of the scale with no award. Likewise those who were able to secure by way of fees paid for professional support generally had a better outcome.

    I also appreciate that PIP is all about impact, but some evidence to support those claims does need to be sent in.
    We seem to have been sleepwalking into this scenario that the claimant is now expected to supply the evidence when it was never to be the case.
    All of which kind of explains why the review was ineffective.

    1) They may have a “thorough process” but it’s only ever been intended for use in a limited number of cases e.g. severe mental ill health.

    2) DWP told the review that was the intent but they were talking nonsense. Let’s not forget they recently told a court about the original intent around the mobility descriptors and the court damningly concluded there was literally no evidence r for the statement. Government in recent years has become very good at perpetuating the idea that if you repeat nonsense often enough it becomes true.

    3) Whatever the alleged intent the law has always been written in expectation of the party seeking to get a new decision bring the party upon which the burden of proof falls. Start with this as an example.

    http://www.legislation.gov.uk/ukdsi/2013/9780111532072/regulation/8

    Equivalent DLA was worded near identically. Thus nothing has changed. 

    The terms embodied in Regulation 8 also appear in all other legislation also including Pension Credit.

    This particular regulation clearly is used where the DWP require the claimant to reply to/supply/give evidence. Failure to comply within the 30 day period will normally result in the Suspension and eventual Termination of either the claim or the award - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/607742/suspension-termination-guide.pdf.

    Nowhere in any of the regulations does it state that the claimant is required otherwise. There has to be a specific request made under regulation 8 by the DWP.

    I value your vast experience but for the life of me I cannot find any stipulation that the claimant has to carry the burden of proof.

    I made reference to this in my claims/reviews as it is clear to me that from the terms given in the 1st review the DWP are charged with the responsibility of obtaining the evidence. Yes if further evidence is required by the DWP and they believe that the claimant has it in his/her power to provide it then and only then can they invoke Reg 8.

    Secondly, I cannot also find that the 'thorough process' only applies to cases involving severe mental health. Yes there is the option available to the DWP in those cases to be more lenient as regards submission of the PIP2 for those deemed to be vulnerable. It clearly states that the whole process of claiming PIP will go through that process, and not just the few cases.

    Even if it did it still does not explain to me why having been found to fit the categories of vulnerability as per the PIP1 no extra or additional service was provided by the DWP. I qualified and submitted evidence to prove that I have a brain injury that has changed my personality, memory and  rational thinking. and also suffer from PTSD (proved by the IIDB life award & DWP medical report)
  • pjp
    pjp Community member Posts: 55 Courageous
    It really doesnt matter. Dwp ignores all and most certainly do not make any enquiries re burden of proof. 
  • pjp
    pjp Community member Posts: 55 Courageous
    Got back my pip refusal letter to day. No surprise it was a mix of blatant lies and a total disregard of my condition. I even had a witness who is a finance professional from my housing association. It highlights a few things but for me the main is that the dwp/atos are above the law. I tried making a formal complaint but i couldnt. Have to wait 5 days for them to call me. Its disgusting. If this was any other european country there would probably be a revolt or riots if their disabled were treated in this manner. We just roll over and ask them to stab us again. 
  • Dingbat
    Dingbat Community member Posts: 19 Connected
    This discussion seems to have gone a bit off piste. All Weltongirl asked was how she could go about claiming PIP.  Seems to be a bit far from the original query and escalating in to something completely different!
  • Dingbat
    Dingbat Community member Posts: 19 Connected
    Sorry @Username_removed was more directed at Pip regarding her post.  Should have put @pip.
  • pjp
    pjp Community member Posts: 55 Courageous
    Dingbat
    this is a thread i begun re petition to take dwp to court of human rights
  • pjp
    pjp Community member Posts: 55 Courageous
    @Username_removed my original post was not who the onus is on. 
    It seems to be that it doesnt matter. Dwp never made an effort to contact any my healthcare ppl. 
    If you provide the evidence dwp ignore it anyway so its a pointless farce. 
  • Dingbat
    Dingbat Community member Posts: 19 Connected
    pjp said:
    Dingbat
    this is a thread i begun re petition to take dwp to court of human rights

    Well, sorry but the header is from Weltongirl asking for advice on claiming PIP.  Perhaps you have written on the wrong thread?  However, if you have changed your name from Weltongirl to Pip then I apologise and let you continue with your petition. 

  • pjp
    pjp Community member Posts: 55 Courageous
    @Username_removed
    No im going through appeal stage with esa.
    Pip im at mandatory reassesment stage. Just waiting for the automatic refusal for that now before going to the appeal stage as well. 

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