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PIP Tribunal decision

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  • Justice
    Justice Community member Posts: 197 Pioneering
    edited August 2017
    @Matilda, mmmm Hazelnut choccies. @Wildlife, well done for getting so far, good luck for the next step , maybe more choccies will be in order :-)
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited August 2017
    @justice No I'm off sugar maybe for life. I had a day a while ago when I felt so ill had pain everywhere and could only see myself getting worse. So, as I've been doing on and off for years, I went on a Candida diet. No sugar including fruit, no wheat (gluten). This is not for the faint hearted as you go through a healing crisis feeling worse than before but am finally feeling better and back on fruit. Maybe this will be my next campaign after PIP. I've also heard from HCPC about my assessor's fitness to practice. Apparently say someone is registered with them as a Paramedic they are not supposed to be working in another job that isn't either what they are registered for or something closely related. So they say that if I asked, which I have now done, for my assessor to be investigated for fitness to practice as an assessor it would become an employment issue instead. Watch this space. Does that mean all assessors are not supposed to be doing the job if they're qualified medical practitioners registered with their appropriate council? We'll see... 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    I wonder how many paramedics are working for Atos/Capita.  A high percentage from what claimants have said.  What they lack in incompetence they make up for in lying.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited August 2017
    @Matilda Lying should definitely come under fitness to practice especially if it causes harm to a person. It  also applies in any job of a medical nature which they may decide an assessor is. They have to behave in a fit and proper manner so maybe more people should bring cases against them to their registered council. Did the Tribunal accept you never picked up your bag or wasn't it mentioned?
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Wasn't mentioned.  Tribunal know Atos are liars.

    But the doctor did pick up my reply to the assessor about for how long I could walk.  Doc thought that length of time someone can walk is relevant, whereas PIP regulations only refer to distance.  Claimants should be aware that they are likely to be asked about length of time at assessments and at appeals.
  • Justice
    Justice Community member Posts: 197 Pioneering
    edited August 2017
    @Wildlife, Sorry about your not too tasty diet :-(, but if it makes you feel better I suppose it is worth it.That's interesting what you say about the assessors fitness to practice. It sounds as though at last you might be getting somewhere with this,I do hope so :-)
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Justice Actually my diet is far more tasty than before. Not eating sweet things enhances the flavour of all savoury food. I eat puddings too using the natural sweetness of fruit. I would like to write a cookery book with my ideas. Maybe one day. Yes I'll keep going till I get my assessor made responsible for what she put me through or if I know she's been found out as not being qualified this may suffice as I would ask for my report to be made not fit for purpose...   
  • Justice
    Justice Community member Posts: 197 Pioneering
    edited August 2017
    @Wildlife A Cookery Book sounds like a lovely idea, I agree we all eat too much sugar ( says she who is a chocaholic) lol. Do you do facebook? You could have a page there I think doing your recipes. I am no expert on facebook though in fact i left it. 
    Definitely get them to recognise that your report is not fit for purpose, that is what worked for us. It is just so annoying though that they make all the mistakes( If they are mistakes, sometimes I think they just do it that way), and we have to do all the fighting, we are the ones who have to prove ourselves.
    It makes me so mad, and when you are in the throws of dealing with it I cannot think of anything more frustrating. Good luck once again. we are all behind you.
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
    Hi @Matilda I know this has been a long and stressful process for you, Im so pleased you have got the result you were hoping for!
    Scope
    Senior online community officer
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Thank you very much, @Sam_Scope.
  • Debbie_Alumni
    Debbie_Alumni Community member Posts: 932 Pioneering
    Hi @Matilda,

    I'm so pleased to see your good news after what has been a very worrying and stressful time for you (not to mention a long process).

    You've conducted yourself with dignity and honesty the whole way through but the thing that stands out most is the way in which you've reached out to others going through similar challenges. To offer that level of support when you're going through such an agonising and draining process yourself is inspirational.

    We must continue challenging negative PIP decisions. We must continue sharing information, tips and continue to support to each other. It's evident how useful this is, particularly when there is such a lack of face to face welfare benefits advice. I've spoken to many people who have contacted the helpline having seen the various PIP related discussions on this community. Everyone has reported how helpful they found the community so please keep up the good work!

    Best wishes
    Debbie
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @Debbie_Scope

    Very nice to hear from you, Debbie.  And thank you very much for the compliments.

    I'm not sure that I would have got through the PIP process without the help and encouragement of the community and the benefits advisors - and your help and encouragement in particular.  Your links to the DWP PIP Handbook and DWP PIP Guide were very helpful indeed.  So, I'll always be grateful to you.

    I hope that one day the government will see sense and overhaul the vicious PIP system into a humane one.

    I intend to stay on Scope and offer help and encouragement where I can.

  • Justice
    Justice Community member Posts: 197 Pioneering
    @Matilda. I second all that Debbie has said. I am glad you are going to stay around :-)
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Thank you very much, @Justice.
  • craig85
    craig85 Community member Posts: 13 Listener
    so it doesnt matter if ur medical evidence is old?
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Apparently not, at least not in a case like mine.  I have a degenerative disease (rheumatoid arthritis).  A DWP (or its forerunner) appointed doctor assessed me in 1998 for DLA and wrote a comprehensive report that stated that I had serious RA and had difficulty walking and undertaking daily activities.  My GP's report from the time backed this up.  As RA never gets better, only worse, the tribunal accepted that my condition could only be worse now.

    However, if someone has a very fluctuating condition, it would be wise to get some up to date medical evidence.
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    Another tip.  The tribunal drew heavily on my diary for their questions.  So think carefully about what to put in your diary in case you need to appeal.
  • BlackPam70
    BlackPam70 Community member Posts: 1 Listener
    Hi there all,

    I am bipolar and went from being awarded DLA at the highest rate for personal care and lowest rate for mobility indefinately, to scoring 0 points for either element at my initial assessment.

    My assesment was carried out by a "nurse".

    I went to my tribunal yesterday and was awarded the enhanced rate for personal care, but didn't qualify for the mobility element.

    The tribunal wasn't as scarey as I thought it would be, in fact, the panel was much nicer than the nurse who gave me the initial face to face assesment!

    The stress has been terrible during the whole process, but I would encourage anyone to persue their case to the tribunal.

    I have only been given the award for two years (not indefinatley like the DLA award), so I'll have to go through the whole process again in what seems like a very short while.

    Welfare Rights helped me prepare for the tribunal, so many thanks to them.



  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hello BlackPam and welcome

    Congrats on getting your award :)

    Give it a week or so and ring the DWP to make sure that they have received tthe notification from the tribunal, they have a bad habit of mislaying them.

    Next, also be aware that the DWP often request a SOR from the judge. They can only challenge the decision on an error of law which doesn't happen often, but they still look at it sometimesm

    When you do get your decision letter, look carefully at the dates. Often with a short term award it will be finite, that is it will have an end date and you will be invited to reapply 14 weeks before that date. You may have a reveiw date instead, which will be a year before your award is up. Which ever you have, you should start preparing for the next round, keeping a diary is a good place to start.

    CR  
    Be all you can be, make  every day count. Namaste
  • shay17
    shay17 Community member Posts: 1 Listener
    Matilda said:
    Thank you, @Justice.  I'm not sure if I'd have stayed the course without all the help and support I've had from people on this site.  So a big 'thank you' to everyone concerned.

    I had some hazelnut chocs earlier as a little reward :).
    Glad you finally got the award you deserved Matilda . 
    This is my first post as I just joined the forum . 
    I wish you well for the future .
           Regards  Shay 

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