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Can anyone give some advice about pip tribunal. Thanking you

solarsystem1solarsystem1 Member Posts: 4 Listener
edited July 2018 in PIP, DLA and AA
Hi All,
         I have never posted to a forum so please bear with me. I desperately need some advice on behalf of my mother-in-law. She has end stage COPD for which she uses oxygen when going out and is also a c02 retainer so she uses a NIV(non invasive ventilator) when she goes to sleep and also has suffered from type 2 respiratory failure. She is in receipt of PIP standard mobility and also ESA WRAG. Last year she reported a change in circumstances to  PIP and was sent out a form, it was filled out by the DAB and she had to attend a reassessment, she gained no extra points, so a MR was sent out and the DWP stuck with their decision, so she went through the appeal process, she had her tribunal this year June 12th and won, she was given enhanced on both sides and her money is to be back dated to 19th July last year. Four weeks on from the tribunal and she still hadn’t heard a thing, until a letter came through from the independent assessment services(ATOS)  saying that the DWP had asked them to look into her case and gather information about her health and that she might have to go for another assessment. So she phoned the DWP to ask them what was going on as she had just won her tribunal, they stated that she had made a phone call in April before the tribunal to report a change in circumstances. She had actually called them to let them know that her oxygen tanks had arrived, at the assessment and the change of circumstances form last year she made the DWP aware that her oxygen levels were becoming low and she was going to need oxygen but that had not been sorted out at that point. also that she was now having to use a NIV to help expel the build up of co2 as her lungs are so badly damaged that they are unable to perform this action without that aid. Being a co2 retainer causes confusion as she is not getting enough oxygen to her brain and the build up of co2 is dangerous, all of this was explained and backed up with her doctors letter. The DWP are now using this phone call  in April as a means to not payout her entitlement, she gets easily confused and the phone call in April was not about a change in circumstances but to let them know about the extra aid(oxygen tanks). The whole point of the tribunal was about her change in circumstances and entitlement to higher rates, now the DWP are trying to make her go through the whole process again because of 1 phone call, no form was filled out again or signed or anything. I feel so sad for her and others that are being treated so despicably for being ill or having a disability, is it not bad enough to  suffer with inflictions let alone having to fight for she is entitled to in the first place. Having to deal with ill health then the minefield that is the DWP on top of everything is utterly shameful of the government to treat people this way especially since she has worked all her life until falling ill. I'm sorry for rambling but do not know where to turn to get her the help to make sure she gets what she is owed. If anyone can give advice I appreciate any help or time given I really do.

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @solarsystem1 Pleased to meet you welcome.

    Thank you for sharing. Have you spoken to anybody from Welfare rights or CAB . Understand the issues so do the community. I am afraid not too sure of an answer.

    All I can do is to say contact the about organisations .

    I am a member of the community champion team. Wanted to welcome you. 

    I am sure there are members of our community who will offer there advice and help.

    I know the system is unfair and unjust and is not fit for purpose. I can offer my support as I do for all the community going through this.

    Struggles and trying to cope. Am here to listen and offer my best wishes.

    Take care

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • solarsystem1solarsystem1 Member Posts: 4 Listener
    Thank you @thespiceman I appreciate your response greatly and just generally taking the time to read my post. Yes I am going to approach different organisations next week to see what help we can get for her. I know there are thousands of people having to fight, it just seems like endless uphill struggle this has been going on since Jan last year. I just love how the government are so quick to take our taxes but when it comes to giving back to those in need, their own citizens, its a different  set of rules, its like people are being punished for being Ill or having a disability. I'm sorry I can go on sometimes, I just feel so frustrated for my mother-in-law I love her dearly and she has been through hell with her health and this is the last thing she needs. 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @solarsystem1 Thank you for reply. Remember you are not alone. I am myself going through the constant battle with the DWP. Something I did not mention, because wanted to welcome you. My problems pale into significance to others who have stories like myself and your relative.

     Also am here to just try and help much as I can.   Unfortunately the benefit system is so confusing and complex it unbelievable , been doing benefits a long time have a lot of knowledge but it is getting ridiculous the whole system.

    This is about your mother in law and how we as a community can help.  Only thing I forgot to mention which I will if you do not mind. Is to look at the legal side of employing some one. Have an advocate unfortunately when and do applying for any assistance please be aware. Most charities and certain organisations will and might offer some form of help and support. With you making a donation.  Can I add also certain areas offer support and welfare for benefits but live outside that are no go.

    Also please be aware CAB and Welfare rights have a lot of good people like yourself replying and asking for support. So please be patient. I know all I can offer is this what I have stated.

    More benefit and lots of information can be found under  Employment and Finances and Benefits, talk about PIP and DLA. 

    Also being a Sunday and up about wanted to answer your post. As many of the team are unavailable to help with anything.

    You are and know frustrated some times it is good to let offload and ramble. Please do not apologise for that.

    I understand and do others in the community.

    Remember you are not alone, am here. Just let you know.

    Always in prayers and thoughts

    Take care 

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • solarsystem1solarsystem1 Member Posts: 4 Listener
    Hi @thespiceman,
                          I agree the whole system is extremely complex and I understand that on the otheside of things that people are working to legislations and rules set out by others who may or may not necessarily understand the complexities of different disabilities and mental health illnesses, and in there lies the problem that everybody has to fall under the same blanket set out by the government, they have taken a working system and destroyed it. How much of our tax money is wasted on capita and atos not doing the assessment s correctly and costing us all more money because it then has to go through the lengthy appeal process, meanwhile the claimant is suffering all the while not only with either their  disability or mental health issue, but suffering all the stress that goes along with merely trying to obtain what they are rightly entitled to in the first place. I'm sicken by it all. 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @solarsystem1 Thank you for sharing and thank you for comments.

    Please can I add understand your story and please do not give up. One of the reasons suggested a number of solutions.  Looking at advocates for your relative.

    With any possible solutions money is always the heart of the issues we have as a community. We all struggle and strive.

    If we sit back and let them win then we as a community have lost the battle to for recognition and self esteem.

    Understand if you wish to look at what is happening on the forum . In you own time. Just breaks your heart the stories. Then there are those who inspire and give you hope.

    I am here to help and advise much as I can. You are I know as member of our community. Among friends. All I can do is hang in there. Need to ramble have a rant.

    Always here.  By the way is it possible to speak to your MP about your situation. I know several people on the forum also have similar stories and have contacted them for support and advice.

    Worth getting in touch.

    Always here in prayers and thoughts.

    Take care

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @solarsystem1 thank you for coming to the community! Please do use the community for support. Have you looked at the tribunal advice on the Scope website? Please let me know if there is anything else that I can do :)
    Scope

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited July 2018
    @solarsystem1

    As @thespiceman says, try to get some advice from CAB, or similar, or welfare rights.  And/or phone Scope helpline.

    Also, I'd say don't inform DWP about anything that isn't obligatory.  I don't think your mother in law was obliged to tell DWP about the oxygen tanks - unless the oxygen had improved her condition very significantly for at least three months and this improvement was expected to last for at least another nine months.  
  • YadnadYadnad Posts: 2,856 Member
    Matilda said:
    @solarsystem1

    As @thespiceman says, try to get some advice from CAB, or similar, or welfare rights.  And/or phone Scope helpline.

    Also, I'd say don't inform DWP about anything that isn't obligatory.  I don't think your mother in law was obliged to tell DWP about the oxygen tanks - unless the oxygen improved her condition very significantly for at least three months and this improvement was expected to last for at least another nine months.  
    Mike Hughes says that the only time you need tell the DWP of a change is if a reasonable person would say that more points (or less points) would be the result of that change.
  • solarsystem1solarsystem1 Member Posts: 4 Listener
    Thank you @Chloe_Scope and others for reading my post I really appreciate it. I will use the advice and contact cab and welfare rights. I hope you have all had a great day. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    You're very welcome! I wish you the very best of luck and please do keep the community updated :)
    Scope

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