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My experience of PIP and unlawful behaviour of the DWP
Markmywords
Member Posts: 421 Pioneering
Before an administrator gets upset, I have a court order from the Birmingham Courts and Tribunal service which means the title of this post is not an opinion but a legal fact. I am willing to send a copy to an admin. I have been careful not to write anything that is my opinion.
I am severely disabled and have been since my cancer treatment ravaged my body. I now have a chronically degenerative prognosis. Also this year my wife left me and this was mostly due to my being disabled and I am now alone.
I had been receiving PIP at enhanced rate for daily living component (DLC) and standard rate mobility component for two years. The saga went as follows;
The result of nearly an entire year of stress is that the DWP's assessment was found to be improperly conducted. The DWP had also refused to approach my consultant at the hospital or GP.
The court's finding was that a) I was unarguably entitled to enhanced rate DLC, b) The DWP was ordered to never assess me again as my condition is unrecoverable and c) The judgement is backdated to when they first changed it.
The lessons I learned;
It only takes one person to submit to an unjust assessment to offset the cost of ten successful appeals.
Is this now unwritten DWP policy? You decide.
I am severely disabled and have been since my cancer treatment ravaged my body. I now have a chronically degenerative prognosis. Also this year my wife left me and this was mostly due to my being disabled and I am now alone.
I had been receiving PIP at enhanced rate for daily living component (DLC) and standard rate mobility component for two years. The saga went as follows;
- In Feb '16 I received a routine statement confirming my award.
- Shortly after I was directed to attend Atos for an assessment.
- Two weeks later I was informed that my condition did not qualify for the enhanced rate. Also it stated that I did not need any assistance so my DLC would be lowered to standard.
- I wrote to the DWP asking for a Mandatory Reconsideration.(MR)
- Three months on no MR had been conducted so I wrote a letter of complaint.
- One month on no complaints process had been actioned.
- I then received a phone call from the DWP / PIP department where a woman told me they had reconsidered and decided they were right all along. She kept repeating the words "You can put your hand to your mouth so you do not need any assistance." This went on and on like the chant of a cult member.
- A written MR arrived with different wording that avoided the "Because we say so" language of the agent who called me. However it was totally illogical and rewrote reality to justify their view.
- I collected all the information I had sent to the DWP and sent it to the court to appeal.
- A couple of months later I received a court judgement in my favour "setting aside" all of the DWP's position.
The result of nearly an entire year of stress is that the DWP's assessment was found to be improperly conducted. The DWP had also refused to approach my consultant at the hospital or GP.
The court's finding was that a) I was unarguably entitled to enhanced rate DLC, b) The DWP was ordered to never assess me again as my condition is unrecoverable and c) The judgement is backdated to when they first changed it.
The lessons I learned;
- Expect anything sent to the DWP to be ignored
- Expect the DWP to say literally anything to get their own way
- Expect to be RESISTED
- Do not accept the contractor's (Atos or whoever else) or DWP assessments without a fight.
- Keep copies of everything sent and received.
- Find a way to record any calls with the DWP/PIP Dept.
It only takes one person to submit to an unjust assessment to offset the cost of ten successful appeals.
Is this now unwritten DWP policy? You decide.
Replies
If the elected politicians would say "Sorry, the country is broke, everyone must share the belt tightening" then I'd accept that. Doing it like this is shameful.
What if I hadn't been a resourceful type of person?
I am a resourceful person but claiming PIP nevertheless has been a stressful experience. The Scope site has been a great help.
An independent investigation/panel declared these PIP assessments as being "unfit for purpose" so WHY has the government carried on pushing them through?!! The gov were told not to carry out any new assessments until they were improved. I've seen documentaries that went undercover to the training sessions of gps and others classed as health professionals run these companies. Clearly filmed the groups were told there were caps on how many could be passed as unfit to work! At the end of these documentaries there were statements from the companies defending themselves and they do not have a limit on how many applications can be approved (of course they'd have to say that!) However those who went undercover and their recordings are evidence to the contrary!
Statistics were collected about the impact of these assessments and losing the benefits, the government took action to delay their release date to the public because it was 'not in the best interest of the public'!!?!, but campaigners won and got the statistics relased. The results were damning, thousands of people who lost their benefits died within a year, some from the effects of their illness/disability and others took their own lives because of the stress and financial distress.
Sorry if that is upsetting, as it should be to the general public, but campaigners have been workung for us and have wanted to show the general public what the austerity measures of the latest governments have and are doing to the vulnerable people in our society
Charlee
Disabled people are targetted for cuts as they are a soft target and probably don't vote Tory.
Why is it that the young and the disabled are targetted when the old get a "triple lock?"
The pensions are the biggest single item on the budget, bigger even than the NHS.
I've nothing against pensioners. They deserve looking after too but not by sacrificing the young and the disabled.
And the triple lock amounts to minimal increases in State Pensions for most people - as most State Pensions are so low to start with.
The judge who adjourned my case recently also pointed out many inconsistencies and has ordered a presenting officer to attend an oral hearing with the full bundle of papers. Do you think this could be a positive sign. At some parts of DWP reports they said I was a man and even gave incorrect medical details ! ;-)
If someone is going to ignore evidence and rewrite facts that might go before a court then they are idiots. Some of the statements made by the DWP are no better than a five year old might come up with.
Once someone does one stupid thing then their whole case is discredited. I think @emkins40 above has a good chance given the doubt the court is showing. There are never any certainties though.