Awarded 0 awaiting Telephone tribunal hearing

dwolf94 · September 2019

hi I’m new to this and have never posted before,

20 months ago I had an assessment and was awarded 0 points. I was in the WRAG of Esa and apart of that was told in my assessor report even though I’m told the 2 would never overlap or influence a decision based on the fact they had nothing to do with each other I’ve recently been moved to the support group... I’ve read a few times now about assessment inaccuracies & have fallen victim to that myself.
She told lies in regards to my home and my situation she reported my sister took me shopping and supported me daily but I live over 90 miles from my sister and neither of us drive or could afford that kind of commute daily. She reported I had a flight of stairs with a handrail, I lived in at the time a ground floor apartment 1up & 1down to get upstairs you’d of had to use a different door outside which for obvious reason is locked because only my neighbour can access to get to their own home, she reported she went up the stairs and saw my bathroom had a bath and a hand rail I had no upstairs nor a rail on my actual bath. She never even left my living room or sofa. I asked for a break as it was getting to much she reported my assessment was less that 30 minuets she was there well over 1.30hr and was really stressing me out until I told her I could no longer do this.
I suffer with Severe depression PTSD & anxiety along with hursitusim PCOS being around strangers in general causes episodes for me and being under instense stress really triggers my ptsd especially people who or relentless and have aggressive manner about them this triggers my ptsd and it left me in a state of shock for about 4 days afterwards I felt very on edge. I never leave my home I don’t cook as I have family who make food and freeze for me to Isengard the microwave due to almost causing a fire because of my medication makes me very sleepy. I don’t sleep at night time because of the dark so I take my meds around 7-8am and I sleep through the day where I have sunlight or light in general there was a few occasions I had taken my meds and fell asleep whilst my cooker was on and was woken by my fire alarm so I no longer cook as it really scaredy-cat me when this happened. When I say I don’t leave my house it’s no exaggeration which is how she reported it I really don’t I find it incredibly overwhelming and when I do go out I have to have at least a week in advanced to prepare and brace myself for it. In social situations some things like smells or looks can cause ptsd episodes and sometimes I act uncontrollable because of this I carnt engage with people unless I have a family member with me and enough space around me I can become agressive there have been times I’ve had an anxiety attack and lost control of my bladder. Sometimes I’m stuck in a state that I simply can not get out of. I am waiting for a physiologist but I’m on a 18 months waiting list. I have no idea what to expect with the tribunal and I get anxiety just thinking about it I don’t know what to do

chiarieds · September 2019

Hi @dwolf94 Welcome to the forum where I hope others may soon be able to help.

I'm really sorry to read of the many problems you face, & your recent unsettling assessment. I hope you're feeling a little better now, altho' it must be difficult for you. As you say so many of us receive 'inaccurate' reports, but I must admit I'm surprised as to her saying she went upstairs! Try & put it behind you 'tho, & just answer questions accurately in your tribunal as you have described your situation so well here. When is your tribunal?

poppy123456 · September 2019

Hi,

You are right, ESA and PIP are different benefits, with different criteria.

I've heard of very few stories where people have had telephone hearings so i'm afraid i don't know the percentage of success rate for these.

Despite inaccurate assessment report you need to concentrate on where you think you should have score those points and your reasons why. Adding a few real life examples of what happened the last time you attempted that activity for each descriptor that applies to you and this is what you should write for your submission for the Tribunal, if you haven't already.

The won't be interested in any lies that may have been told in the report and they won't appreciate you mentioning them.

Any evidence you have to support your claim should be sent to the Tribunal to arrive no later then 10 days before the hearing date.

On the day of the hearing just answer those questions as honestly as possible but do be aware that they will only be able to take into consideration what your condition was like at the time the original decision was made. Any worsening of condition will not be taken into consideration.

If a decision can't be made on the day, they will write to you within a couple of days after the hearing. Do you have a date for this yet?

dwolf94 · September 2019

I had myself MR in Feb 2018 and after that response I the appealed to the tribunal after the tribunal lost my medical records in April 2019 I had no information in regards to what was going on I’ve waited over 18 months for this and they called my family member last week (as they handle a lot of paper work telephone calls from numbers I don’t recognise) and after security ect, they told me my telephone hearing would be on 2nd of October. Although this is not the first time I’ve had a hearing because back in Dec 2018 it was held as a paper tribunal but on January this year they had written to me and said they wanted my medical records and that my case had been adjourned. My condition has been basically the same for the past 9years but 5 years ago my care giver/guardian who took Care of me from the age of 8 my grandmother died and this caused a whole collapse in My mental state sending me spiralling as she was the one who was able to keep me altogether based on what happened to me during my childhood. So it’s been a really tough time. The worst is that when I went for ESA after 2 years of having nothing to not even being able to sign on because my mental health was just so bad I ended up in WRAG but was later moved onto Support group I hadn’t even thought about PIP until I was advised to and they made me feel as though my condition was a minor blimp on the radar. Back then I had told the assessor I had a hard time filling out the original application as I didn’t ask for help because I was extremely embarrassed about some of the things I experience and have to live with so my application was very basic I don’t really cope very well having to relive the reasons I carnt do basic things for myself because it wasn’t always like this. She assured me she had sufficient evidence and they wouldn’t of even given me facetoface if I hadn’t given them some reason originally which made a part of me relax but in my report she really goes in about the original application which made me feel really violated. I explained to her my GP charged £35 for the release of medical records something I simply was told I couldn’t afford because my family help manage my money. It was on that basis they also used in my report and my MR that it was my own job to collect sufficient medical reports or supporting documents. But that’s the reason the Judge adjourned my hearing and sent me an application where I could get my GP medical file for free which I did and they then lost but that’s a whole other story. I don’t understand why PIP couldn’t of offered me this? Even ESA had my medical files before my assessment which I didn’t have to provide.
In my assessment she also goes in about how I was alone and needed no prompting but failed to mention the reason I was forced to be alone during the assessment! It was Dec 2017 my original Face to face was the 9th due to snow I got a text saying they where unable to make the appointment and I had to ring to re schedule my sister done this on a 3 way call so I could go through security for her to speak on my behalf and they told us that I would have to have an assessment on the 17th and would not be allowed to re schedule because one appointment had already been cancelled ( not my doing) on the original appt my aunt was going to accompany me she had taken half the day off because it was morning and wasn’t able to take anymore no time off because the build up to Xmas we wasn’t even notified until the morning off they had cancelled which is why I had the assessment alone the system is set up to fail for people with mental health.

poppy123456 · September 2019

Lots of people claim PIP successfully for mental health but it's not awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activities based on the PIP descriptors.

It's the claimant responsibility to prove they qualify not theirs. They very rarely contact anyone for any evidence the onus is on you to make sure it's sent to support your claim.

I do realise that the lies and contradictions they sometimes tell in the reports is upsetting but you need to try to forget all of that and concentrate on the reasons why you qualify and which descriptors apply to you. Good luck with the hearing, do let us know the outcome.

dwolf94 · September 2019

I had myself MR in Feb 2018 and after that response I the appealed to the tribunal after the tribunal lost my medical records in April 2019 I had no information in regards to what was going on I’ve waited over 18 months for this and they called my family member last week (as they handle a lot of paper work telephone calls from numbers I don’t recognise) and after security ect, they told me my telephone hearing would be on 2nd of October. Although this is not the first time I’ve had a hearing because back in Dec 2018 it was held as a paper tribunal but on January this year they had written to me and said they wanted my medical records and that my case had been adjourned. My condition has been basically the same for the past 9years but 5 years ago my care giver/guardian who took Care of me from the age of 8 my grandmother died and this caused a whole collapse in My mental state sending me spiralling as she was the one who was able to keep me altogether based on what happened to me during my childhood. So it’s been a really tough time. The worst is that when I went for ESA after 2 years of having nothing to not even being able to sign on because my mental health was just so bad I ended up in WRAG but was later moved onto Support group I hadn’t even thought about PIP until I was advised to and they made me feel as though my condition was a minor blimp on the radar. Back then I had told the assessor I had a hard time filling out the original application as I didn’t ask for help because I was extremely embarrassed about some of the things I experience and have to live with so my application was very basic I don’t really cope very well having to relive the reasons I carnt do basic things for myself because it wasn’t always like this. She assured me she had sufficient evidence and they wouldn’t of even given me facetoface if I hadn’t given them some reason originally which made a part of me relax but in my report she really goes in about the original application which made me feel really violated. I explained to her my GP charged £35 for the release of medical records something I simply was told I couldn’t afford because my family help manage my money. It was on that basis they also used in my report and my MR that it was my own job to collect sufficient medical reports or supporting documents. But that’s the reason the Judge adjourned my hearing and sent me an application where I could get my GP medical file for free which I did and they then lost but that’s a whole other story. I don’t understand why PIP couldn’t of offered me this? Even ESA had my medical files before my assessment which I didn’t have to provide.
In my assessment she also goes in about how I was alone and needed no prompting but failed to mention the reason I was forced to be alone during the assessment! It was Dec 2017 my original Face to face was the 9th due to snow I got a text saying they where unable to make the appointment and I had to ring to re schedule my sister done this on a 3 way call so I could go through security for her to speak on my behalf and they told us that I would have to have an assessment on the 17th and would not be allowed to re schedule because one appointment had already been cancelled ( not my doing) on the original appt my aunt was going to accompany me she had taken half the day off because it was morning and wasn’t able to take anymore no time off because the build up to Xmas we wasn’t even notified until the morning off they had cancelled which is why I had the assessment alone the system is set up to fail for people with mental health.

dwolf94 · September 2019

I had myself MR in Feb 2018 and after that response I the appealed to the tribunal after the tribunal lost my medical records in April 2019 I had no information in regards to what was going on I’ve waited over 18 months for this and they called my family member last week (as they handle a lot of paper work telephone calls from numbers I don’t recognise) and after security ect, they told me my telephone hearing would be on 2nd of October. Although this is not the first time I’ve had a hearing because back in Dec 2018 it was held as a paper tribunal but on January this year they had written to me and said they wanted my medical records and that my case had been adjourned. My condition has been basically the same for the past 9years but 5 years ago my care giver/guardian who took Care of me from the age of 8 my grandmother died and this caused a whole collapse in My mental state sending me spiralling as she was the one who was able to keep me altogether based on what happened to me during my childhood. So it’s been a really tough time. The worst is that when I went for ESA after 2 years of having nothing to not even being able to sign on because my mental health was just so bad I ended up in WRAG but was later moved onto Support group I hadn’t even thought about PIP until I was advised to and they made me feel as though my condition was a minor blimp on the radar. Back then I had told the assessor I had a hard time filling out the original application as I didn’t ask for help because I was extremely embarrassed about some of the things I experience and have to live with so my application was very basic I don’t really cope very well having to relive the reasons I carnt do basic things for myself because it wasn’t always like this. She assured me she had sufficient evidence and they wouldn’t of even given me facetoface if I hadn’t given them some reason originally which made a part of me relax but in my report she really goes in about the original application which made me feel really violated. I explained to her my GP charged £35 for the release of medical records something I simply was told I couldn’t afford because my family help manage my money. It was on that basis they also used in my report and my MR that it was my own job to collect sufficient medical reports or supporting documents. But that’s the reason the Judge adjourned my hearing and sent me an application where I could get my GP medical file for free which I did and they then lost but that’s a whole other story. I don’t understand why PIP couldn’t of offered me this? Even ESA had my medical files before my assessment which I didn’t have to provide.
In my assessment she also goes in about how I was alone and needed no prompting but failed to mention the reason I was forced to be alone during the assessment! It was Dec 2017 my original Face to face was the 9th due to snow I got a text saying they where unable to make the appointment and I had to ring to re schedule my sister done this on a 3 way call so I could go through security for her to speak on my behalf and they told us that I would have to have an assessment on the 17th and would not be allowed to re schedule because one appointment had already been cancelled ( not my doing) on the original appt my aunt was going to accompany me she had taken half the day off because it was morning and wasn’t able to take anymore no time off because the build up to Xmas we wasn’t even notified until the morning off they had cancelled which is why I had the assessment alone the system is set up to fail for people with mental health.

dwolf94 · September 2019

I’m not focusing on that but as you said they only focus on what was wrong then and if my report says things that are irrelevant I’m going to have to re live the whole thing question by question back then I was still under going assessments with my Dr and test it was thought I was border line bipolar until I got an official diagnosis and a name for my condition this year after seeing therapist and physiologist ect I was diagnosed with PTSD I’m going to have a seriously hard time explaining what I go through without bringing up some very ugly things for myself things that if I speak about or talk about to long I can go through these feelings for days or not being able to sleep how can I explain that to people especially a panel of judges and drs with many other questions. My letter says I should also be alone and not have any influence or promoting from the background. I’m really trying to figure out if this is worth the risk of triggering my ptsd I’ve already been sick 3x over the weekend when thinking about it

Awarded 0 awaiting Telephone tribunal hearing

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