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  1. I applied for PIP and was sent for an assessment. It seemed to go fine, but I had a feeling I wouldn't get it, despite having mobility problems due to arthritis, IBS and a heart condition. However, when I received a copy of his assessment, I was quite shocked to see that he blatantly lied in the letter. He stated that he'd carried out physical tests, which he did not. He stated that I could freely get both arms behind my head and back, which I can't, and my doctor would testify to this. He also stated that I could get up down off the chair and walk without difficulty, which I can't. If it weren't for these issues, I'd feel fairly philosophical about being denied PIP, as on a good day I can walk more than 20 meters, albeit slowly, and I can prepare a simple meal, which seems to be the criteria for denying PIP. However, it really irks me that he lied, and my son was with me the entire time and can testify that these tests were not carried out. Is there anything I can do to complain? I'm only aware of an appeal process, but don't feel that the outcome would change so didn't think I had valid grounds.
  2. Hi, I'm in the Support group for ESA, was on Contribution based Incapacity Benefit from 2003, transferred to ESA without a medical in 2013. Was also on DLA high rate Care and Mobility from 2003, transferred to PIP in 2016 (downgraded to Standard Rate by an one of the 'trusty' so-called HP's !). My query is this, I have been thinking about coming off ESA as I've been offered part-time work (16 hrs a week) at a sitting down job (I have mobility problems) and can claim Working tax credit. Question 1) I would obviously write to DWP to say I want to come off ESA, but do I have to give a reason and has anyone on here ever done this ?. Question 2) If anyone HAS done this, has it affected their PIP?. I've scrutinized the PIP rules and nowhere does it state that they have to be informed if one started work, they only need to be informed if a health condition worsens or improves. I would be financially a lot better off if I did do the part-time job, claimed WTC and came off the ESA so obviously wish to do so. Any help appreciated.
  3. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  4. Can someone please advise I was awarded PIP in 2015 only the basic rate, and was told it would be until May 2018, I have now been sent for another assessment in two weeks, I have only just won an appeal two weeks ago from my ESA Scoring 27 points when I was awarded zero points at my assessment, I have severe depression and anxiety, it seems as though the DWP has something in for me at the moment,,, is this normal for them to do this, because like I said I should have been ok until May 2018, as this has caused me nothing but stress and anxiety, its making me seriously consider whether to turn up or not as I can't handle this all the time. Thank you.
  5. My partner had been on ESA and PIP for a little over a year now and has just been offered the opportunity to become self employed. This would allow him to return to work in a way that he would be able to manage with his illness and we are both very keen to try and get this off the ground. He would be forming his own company rather than being a self-employed contractor so money obviously wont start coming in right away. My understanding is that PIP is unaffected by either working or self-employment, is that correct? If so its only ESA to worry about, obviously his ESA stops because he is going to be able to work (I am assuming this all goes well of course) So what do we do? Do we talk to ESA and tell them the plan, and what we hope will happen with regards to the business taking off and becoming profitable? I assume at that point he would lose his benefit? But that's a lot of money to us and if we lose it before he starts bringing money in we might have a problem. He wont be doing many hours and obviously wont make a lot of money to start with but my earnings take us over the tax credits threshold so there wouldn't be anything else we could claim. I guess what I want to know is what the steps are to coming off ESA to become self-employed and when we take each step.
  6. Shamelessly stolen from Rightsnet administrators Stuarts thread ATOS Healthcare is now called Independent Assessment Services when it comes to PIP assessments. All references to ATOS have been replaced in gov.uk PIP publications including in the PIP handbook https://www.gov.uk/government/publications/personal-independence-payment-fact-sheets and the PIP quick guide for support organisations. https://www.gov.uk/government/publications/pip-quick-guide-for-support-organisations The renaming comes with a website for PIP assessments (still having to say ‘delivered by Atos’ in its logo though) which says - https://www.mypipassessment.co.uk/ That quoted sentence has almost made me vomit!
  7. Ok I've been in the system for 8 or 9 years now and been through the M/R appeal process several times,M/R's all unsuccessful, Appeals all successfully, so don't really need help but having just been awarded 4 points for PIP and losing that money, several days later I received a letter from ESA saying because of the PIP they will be taking over a third of my ESA away, leaving me in the support group as they accept I'm not fit for work. When I rang them to ask I was told that PIP is now the gateway for the higher rate for the support group, whereas 2 years ago I was told the opposite, Both CAB and welfare rights seem very confused by this, Is this new?
  8. Hi, I have just received my PIP award letter from DWP and have been awarded Standard Care no mobility. On the short report it says that I attended the Face to face assessment alone. The fact is that my Wife who is my carer came with me and carried my medication into the room, placed them on the assessors desk, checked with me that I am alright then waited outside for me. She did not stay in the room as she gets upset very easily and also angry and frustrated when in that type of environment. To avoid this we agreed that as soon as I am with the assessor I would be safe and the assessor could get my wife if I needed her before the end. Is it right for the assessor to say I attended alone? Surely the circumstances above say different and getting to and from the assessment is part of the process. Nic
  9. I've gone through the first level appeal for PIP at Tribunal (twice - the first tribunal was disallowed for legal reasons). On receiving the latest tribunal's refusal, I got home and immediately reapplied for PIP. I'm honestly beginning to have doubts as to whether it's worth it - I feel my one piece of supportive evidence has been turned against me. My long-term condition involves chronic heart failure and type-2 diabetes. I would maintain that my condition has not improved and in some areas has certainly got worse. The tribunal said that my condition was insufficient to qualify for either the daily-living or the mobility components of PIP. In the course of the tribunal, I admitted telling my doctor (of nearly 30 years) that I was unable to walk for long, before stopping to catch my breath. The interpretation of this was that I had put words into my doctor's mouth. I can't see how I can have led my doctor in the course of an everyday examination. When you see your doctor, it's reasonable and expected that you would tell him what's wrong, and he would then do what he could to heal you. My PIP medical was a year ago. Getting to this point has meant enduring a lot of stress and a large drop in income. My heart-rate has never slowed, meaning I have been even more exhausted than usual. I'm bowled over by the negative outcome.
  10. Hi all just looking for a bit of advice I think or info and a bit hopeless Both my sisters were awarded DLA indefinitely and had been for many years, since the change to PIP 1 sister was told she's absolutely fine and fit and healthy pretty much ( she uses a wheelchair and has various hospital apps with docs) she is far from dancing round the room stage. Anyway she applied for a MR and she's just had a reply in barely less that a week given postage time and they have flatly refused saying no chance pretty much. (The accessor did a home visit- I gather the reason for this was she was deemed unwell for an office interview. ...and lied on form saying my sister said "yep totally fine healthy as a horse" pretty much). Anyway point being surely in that timescale they couldn't have properly looked over her points and re-assessed fairly. I have told her to re-send the same letter again and address it to someone else, but she thinks a log will have been kept and not possible.......any thoughts on this, or should she just appeal again? Thanks. 2nd sister sent her MR exactly 3 months ago with no response, is this also a normal time frame?. ( Both sent recorded del)
  11. I've been on benefits due to health issues for quite a long time now, I was on Incap Ben until Oct 2013 when they moved me to ESA and that's been static since then. Not had any kind of increase in 4yrs. In 2014 I finally had a diagnosis of one of my health issues that had been ignored for years by doctors... Dismissing my issue as weight related when it was in fact a condition called Spinal Stenosis... which is 'made' worse by being overweight. This explained the shocking spasms in my lower back which could turn my legs to jelly and make me slump to the floor at any time and I couldn't walk more than 20-30yrds without getting one. Since then I have lost over 140lbs the condition has remained and not gone away as previous doctors claimed. I have also been diagnosed with osteoarthritis in my knees which is further impacting my. the small increase in the distance I could walk has been decreased again by limited movement and pain in my knees. I've also got early stages of the condition in both shoulders and struggle to lift my left arm above my shoulder but can rotate it, whilst my right shoulder doesn't rotate properly but my arm can be lifted above it. Back in either 2014 or 1015 I got the forms for PIP but never sent them in... to say it was a confusing mess of questions that repeat themselves over and over again and with reports that the vast majority of claims are simply dismissed anyway put me off ever sending it in. I'm not getting any better and losing over 10st hasn't had the kind of impact that I had hoped it would... I admit that my weight was out of control due to severe depression and 19 deaths of family and friends between 2008-2016... In short I was broken and whilst I'm still broken, my financial situation continues to deteriorate. I can just about cover the rent due to the fact I rent from family (all legal, proper tenancy agreement in place and council know everything) at a rate well below average (they're doing it to give me a safe place to live not to make a profit). I can just about cover utilities and household expenses, but there's not enough for anything else and although I do have a car it's 12yrs old and I limit how much it's used due to the cost of diesel, insurance and car tax. Without transport I would be housebound and unable to get out and about on my own... I can't even make it to the local corner shop which is about a 300-400yrd walk. On a very, very, very good day... I might make it to the corner shop, but would then struggle to get back carrying anything I bought. By the time I got back (after stopping repeatedly to sit and let the pain subside) it could virtually incapacitate me for hours and I'd be unable to go out again for a few days at least. When I am able to go out to do shopping (once every 2 weeks on average) I have to normally go with some one and require a trolley to hang onto to support myself. Even then after doing a small amount of shopping, we stop at the supermarket cafe for a rest and a drink before carrying on. I tend to load my shopping in small amounts into multiple sturdy bags with handles, so I'm not carrying heavy ones into the house. I can park on my drive so the boot of the car is no more than 6-8ft from the front door and it's an estate so a low tailgate means no bending to lift things up. I know I could do my shopping online but I actually look forward to doing mine as it gets me out of the house for an hour or two. The arthritis needs me to keep moving more not less, but I can't do that where I live due to the area, hills and so forth... it would be nice if I could drive down to the lakes nearby a couple of times a week and do a little walking there, as they have benches and rest points all around them... But parking isn't cheap. After reading so many threads on here about people applying for PIP and being refused... it's making me wonder if I should at all... I'm not asking for expecting a disabled badge or motability car... I desperately need a little extra help so I can perhaps pay for a little more fuel each month, or parking charges... an extra £20 a week would have a huge impact provided it wasn't taken away from my other benefits like ESA/LHA. If I get the forms... where can I get help to fill them in... a lot of it seems designed to confuse and deliberately make it as hard as possible to complete. I think doing it my own will only result in me not bothering like I did last time... which is what I now think is the main objective of the form.
  12. BIT OF BACKGROUND... ..I have lost a court ccj against lowell, I tried twice to have it set aside, first time despite evidence that a ccj had gone to empty property not mine, (found 6 months later) letters from 3 neighbours stating long standing postal problems the judge at county court chose to not believe, only skip readed one, second time i tried to get it set aside i had a solicitor on it, he said that lowell had no deed of assignment and had not followed correct procedures on four counts, judge chose to ignore and said couldnt overturn first judge and was not familiar with my case, and to pay lowell. Also that i simply could not keep appealing/attempting to set aside... Lowell also had a student solicitor whom the courts refused to name at the first application to set aside, I believe that student had no right of audience, at the second attempt to set aside, their rep pretended to be a law lecturer, (was actually from an agency) actually verbally tore into mine outside the court room, and was very intimidating. Highly unproffessional, When i sought his name to make a complaint the court refused it simply saying they had only a reference number for him.... HOW IT STANDS NOW... My solicitor recommended that I offer lowell a token monthly payment. This I have done and am about to post it only to be told that my PIP is NOT counted as income, but only my ESA is. Before I alter my forms of exp and inc, can I clarify this point. Many thanks.
  13. I've noticed that debt buyers wait unil almost the last minute before a debt becomes statute barred, then going through Northamptonshire Auto-Court. they don't have to supply the regular documentation and they get to charge 8% APR stautary interest on the debt, including the time you take to dealing with them. On the other hand, the DWP want disabled people jump through hoops and introduce delays in the hope that you will cave in. For them, the worst is that they keep the cash until they are forced to make backpayment by a tribunal. Does anyone know about statutary interest on benefits backpayments. tw,
  14. DWP recently lost two upper tier tribunals on planning and following journeys and taking medication, so they've now changed the regulations so that claimants with mental health difficulites in particular are still unlikely to get any award for mobility. http://www.legislation.gov.uk/uksi/2017/194/made These regulations can apparently be made without any debate in parliament etc, so no chance for anyone to disagree.
  15. hi . I was already a member on here with previous posts but my email pass isnt recognised . im currently on esa without an assesment , i have been on it some time before it was even esa (forgot what it was) my doctor advised me to try to claim pip due to the multiple illnesses and problems i have with mobility and the other one (care bit ) excuse me i have a terrible memory her words were under no circumstances do you go out alone or bath alone and for gods sake keep away from the kitchen (lovely doc but has emmigrated to warmer climate now) i have had 3 major heart attacks in 2 years (44 years old now) , have heart disease , familial hypercholesterolemia, epilepsy (tonic clonic and complex partial ) unstable angina , and severe asthma . all within just over 2 years , plus ongoing sciatica due to herniated disks in lower back (had injections but wont operate due to heart problems) also have limited mobility in right leg from a 100ft fall some years ago that left me with 7 breaks in 1 leg and about an inch movement in my right ankle at most . ive tried to read some of the reports about the underhand tactics they use to down play your health and what you are capable of doing . im on 19 different medications a day ,that total 1200 tablets a month . over 500 of these are for pain alone . as one of my main pain relievers had to be stopped due to no1 side effect being heart failure . im not expecting the world but had little proof to supply as my last esa assement was in late due to been in hospital so my wife posted all the original letters which they have not sent back even though requested. (saying that i read they dont even consider these) they dont consider pain relief either (but 2 of my pain relievers are 30mg codiene 8x day and 8 diazepam a day .) i have loads of mini seizures a day most of which i dont even know ive had ,observed by other people . cannot walk far always have to use a crutch and can be out of breath by the time i get to the loo .2x5 stairs with landing in between , i have unstable angina and can have an attack just laid watching tv , my last heart attack was as they said brought on by a grand mal seizure ,in which i literally was absolutely terrified incase i have another linked event. im under 3 heart specialists and 2 neurologists all at 3 different hospitals . meds dont work for the seizures and i have no prior warning of one large one or the many clusters i have a day . can anyone suggest how i approach this home visit . plus i know esa and pip are unrelated but surely they collaberate findings . so if you get a low pip score i guess you will soon get a new esa assesment through the post . im not that worried ,its more the injustice they do and i hear they treat you like your dumb whilst all the time are plotting there little outcome against you . thanks for listening and any advice welcome meeting is friday morn , but sometimes i have severe insomnia 48 awake + then other times i can sleep 18+ hours and nothing can wake me , no idea wether its the meds or the head thats gone tbh.
  16. Hello, I’m trying to get an answer regarding the changeover from dla to ESA/pip. My friend’s mother suffers from severe borderline personality disorder; she has been on dla for over twenty years! and did have until recently home-help (Although I believe this is no longer the case) her daughter recently took her to a atos/maximus assessment from which I understand it was specifically because Dla is changing to pip and they are medically ‘re-assessing.’ People that are changing over? 1 is this correct? 2 I assume if this is correct will she afterwards be on esa + PIP, as other claimants are? Or just PIP. 3 she recently (because of this changeover) was asked to attend a medical assessment for PIP. From what I gather the PIP assessment is different/ more difficult than the esa assessment? Is this correct? 4 I believe that her daughter does not know how the assessment really works? The main question is if she fails (as we have been told many people do, first time around), are the procedures for preparing for the tribunal and/ or mandatory reconsideration the same as ESA? 5 In case of FAILURE, are the papers you request i.e. details of assessment, assessors etc and papers and forms and the names, codes of the paperwork, assessors etc exactly the same protocol as if you were requesting documents if you failed an ESA assessment? I.E if she fails could she be on no money until her tribunal appeal? thanks 6 I have also been told that the onus of providing the paperwork, evidence of the claimant’s illnesses is the responsibility of atos/maximus/ capita / etc rather than the claimant? Is this correct? 7 I also believe my friend was not armed with the correct information regarding assessments to benefit her mother as well as required- can anyone suggest anything? Thank you very much
  17. I've recently been sent a PIP Award Review form. It says that after I return it, I could get a telephone call or have to go to a face to face consultation. I'm finding the process extremely stressful and it's weighing on my mental health. Luckily a friend is helping me fill in the form, but I don't know if I can deal with another face-to-face consultation at this time. My memories of the last face to face consultation I had to go to are extremely distressing. I really don't want to lose my PIP, but I'm on ESA too, and with my new situation (different housing etc), could maybe just about scrape by on ESA alone. If I return the form, and don't go to a face-to-face, what will happen? Will I be in lots of trouble? I know I will lose my PIP, will I be at risk of losing my ESA too? If I do lose my PIP through not completing the award review process, can I re-apply for it when I feel able to go through with the process? Also, the form asks if I want to give consent for them to talk to 'your GP, other people or organisations.' I ticked 'no,' because I'm very concerned about confidentiality around my mental health problems- partly because I've only recently been able to talk about the events that caused some of them. Also I'm embarrassed about organisations etc knowing about my benefits situation. I think that they will have notes from contacting my GP on file from when they first assessed me. Will ticking no cause me problems? The telephone calls they make- what are they like? If they assess me and I fail, will I be at risk of losing my ESA? Any advice about how to fill in the form? It seems fairly straightforward as most things haven't changed. Any advice anyone can please give me, on these questions or anything else about this issue, would be massively appreciated. Thankyou so much
  18. I haven't been able to find a link to the actual decision, but an Upper Tribunal has apparently now decided that 'cannot follow' means both cannot because of some physical or intellectual disability AND cannot because of e.g. anxiety, thus clarifying whether all of the descriptors can apply to conditions such as agoraphobia. There were previously two contradictory decisons on this subject, and of course DWP guidance reflected the most restrictive so people with agoraphobia who were able to leave the house could only score a maximum of 4 points and were therefore being denied any rate of mobility. I suspect it will take some time to update DWP guidance for assessors, and I doubt they'll be backdating any previous claims so if this may affect you, it may be worth considering putting in a new claim if you were previously turned down completely or effectively reporting a change of circumstances if you believe you should have had an award of standard or enhanced for the mobility component. In the latter case, be aware that your existing award can be reduced as well as increased. If anyone can find a link to the case report, it was apparently last month, I would be grateful.
  19. Hi guys. Ive been on IB since 2001 and was moved to contribution based esa about 4-5 yrs ago. For the last 3yrs ive been receiving pip at the enhanced rate. ive only just found out about EDP and SDP . Ive been doing some searching, and is it right that i can only claim for these if im on ESA(IR)? .. .. and if so, how do i go about this? At no stage since 2001 have i had any assets or any savings even close to 6k so i dont even understand why im on ESA(CB) and not IR. My searches suggest i need an IS10 form, which i rang the DWP for, but now Im reading that i need an ESA3 form...is that right? The guy i spoke to at the DWP said he didnt think it mattered what type of esa im on, but he wasnt convincing, especially considering what ive read since... ..please help, im so confused. This is an awful lot of money i *could* be due and would really help. thanks, Darren
  20. Hi there, do you have any idea on filling out self-assessments (uk) - My background.. Basically, I had an injury with left me unable to work before the 2015-16 tax year started. I was self-employed with my own business which I officially ended a few days into tax year, and had a day job but didn't work the entire year due to my injuries so was on SSP (Statutory Sick Pay). My boss held the job open for when I recovered after the tax year, the SSP ended, and went in to ESA and then also later in that tax year PIP. So my query: 1. At the end of the year instead of a P60 my boss sent me a P60U, was I meant to be given a P60 as well, seeing as I was just on SSP? 2. Does the P60u cover the ESA & PIP, or was I meant to be sent something for PIP as well to put in my self-assessment? Many thanks, even if you can just answer 1. or 2. !!
  21. I got a decision for my pip yesterday, 0 points. I phoned today and asked for mandatory reconsideration. They need a medical report from my doctor. The thing is the dr doesn't know how i live day to day, they only know my diagnosis's I have and medication i take. Will the dr only list my conditions and medications, treatment etc...?
  22. Am due to attend the above medicals in support of a claimant. Was wondering if anybody has been to a PIP/ESA medical in the past year and what questions were asked in respect of mental health issues specifically. I know that there are lists of questions typically asked by assessors on the web etc, but am particularly interested in recent trends and any "trick" questions. Thanks
  23. I feel so upset and frustrated. I got pip for a year, then after an assessment for renewal they did not award me enough points to carry on getting it. Before I was getting the standard care rate. I appealed and asked for the mandatory reconsideration but again the DWP refused to award me. Only after being sent out all the forms did I see where the missing points were. I am working with Harc and it was for preparing food and both the recent form, and previous form my answers were the same yet they did not award the 4 points the second time but gave me the same points for the same things as last time, bar that. So, I appealed and went to the tribunal and they awarded me more points which took me to enhanced care and lower mobility and I thought great, finally over. Got a letter through dated the 24th (my appeal was on the 18th) and it says we've applied to the tribunal or a statement of the reasons for the decision made on the 18th as we may wish to consider applying for permission to appeal against that decision. I'm sorry we won't be paying you the benefit awarded by the first-tier tribunal at the present time. We have one month to consider applying for permission to appeal. The period of one month starts from when they first=tier tribunal reasons has been issued. If we decide not to apply for permission to appeal we'll start paying you the benefit strait away and we'll pay money we owe you, if we apply for permission to appeal and it's not granted, we'll consider if we can start paying you (what do they mean they'll consider if they can start paying me???) I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this. Please can someone help me understand what's happening here and what I should do. Much appreciated.
  24. Hi all, Got the little brown letter through the post today - what a farce. It certainly seems to me that they have been deliberately vague and limited in their reasoning. There is absolutely no detail, findings of fact and how those facts apply to the relevant descriptors. They may as well have simply said "sorry, your claim is refused" and it would have been just as meaningful. What is the best way to go ahead challenging this? I understand the average MR request is successful. Is it best to get the medical assessment report then put something in writing to the DWP? I understand I have around a month to do this. Sincere thanks in advance.
  25. Hello everyone, Recently claimed PIP and was awarded standard daily rate with no enhancements. I was thereafter informed that I should tell the Tax Credit office to check if I was claiming the correct amount now that I am getting PIP, so I did. The lady on the phone just took the details of the date the award started and told me I would hear within a few weeks. So I had a quick google to see if I could find anyone else's experience of claiming the extra element, and came across the rules for claiming it: http://webarchive.nationalarchives.gov.uk/20140109143644/http://www.hmrc.gov.uk/taxcredits/tc956.pdf So it all seems pretty straightforward, but my query is regarding "Condition 2". The list of descriptions where "at least one" must apply is clear, BUT how does the Tax Credit assessor/reviewer know which one(s) apply to me? I guess they'll look at the report from the PIP "consultation", but out of the 8 descriptors, only half were actually tested (and two others would have been "informally observed" I'm guessing), and the other two weren't tested at all. I certainly couldn't do two of the ones tested on the day, and I cannot do one of the ones NOT tested. I have no idea what the report actually says (still waiting, I wanted a copy for my records) but how can Tax Credits make a decision on Condition 2 if they don't have all the info? (either because the PIP consultant didn't include it, or she mistyped, or she made an error, or I just wasn't tested for that.) Or am I overthinking this, and they will award the element anyway because of the PIP award? Thanks
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