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  1. Hi everyone, My son has a PIP assessment next Tuesday, this will be his third...the first one they failed him but we appealed and went to Tribunal and won, the second (eleven months later ) he passed. We intend to record this time, when I phoned Capita they said that I would have to give them a couple of days notice as they would have to ask the assessor as some " won't allow " a recording. I told them that it sounded a bit arbitrary and that we intended to record. Anyway she noted my son's details and that seemed to be that. When I asked her about what type of recording device we could use she said either cassette or cd would be ok but nothing digital ?, can anyone give me some advice about what type of machine we should use.
  2. Please can someone explain this to me. I have had a decision on my pip after my assessment and they have awarded me but its over £100 less than my original dla payments. We will pay you on 18 January 2018. This money that we owe you from the 27 December 2017 to 17 January 2018. Does this mean I now won't receive my dla payment I was due on 18 December 2017 Also and I know we shouldn't of done it but we recorded the assessment. They've lied in the letter saying he drives when he doesn't know how to and never has drove a car which I have on tape them asking and him telling them he never has driven. and a few other things so they've lowered his money by £130. Not sure if its worth appealing.
  3. Hi all. Been a while since I've been around. Life's gotten hectic. So, I have been referred to the Social Care Team earlier this year, and as part of the package, I was given a Benefits Advisor who convinced me to apply for PIP (which I have avoided, due to the difficulty in qualifying for it). So, I've just survived with my ESA SG. Anyways, I applied for PIP in July, and was given a extremely short notice Assessment date end of October which I cancelled and requested a Home Assessment as I had a severe case of Bronchitis at the time. Surprisingly IAS (Formerly Atos) offered The Home Assessment which took place first week of November. Received decision today Standard Care and Standard Mobility which is all well and good, actually surprised it went so smoothly until this point, was expecting a battle which I would have found hard to fight. Here is the where I need some advice. Having read through their decision, and where I was awarded points, I think I should definitely have been awarded points with descriptors where I was given 0 points, and parts where I think I should have been awarded more points than have been awarded. Obviously, I have one month from date of letter (20/11), but I'm not sure if I should go for the Mandatory Reconsideration? I've read around that there is a likelihood that they could completely remove the award? I've read that their is no actual time limit for them to make their decision, therefore, during the MR, will the current award be paid whilst they go through the process, or does it stop completely until they decide on a verdict? But, I genuinely believe that I should have been awarded more points. A lot of their long winded decision explanation is wrong and very assumptive and I don't think the Nurse HCP who did the assessment gave a realistic picture of the situation, or included in their report important things that I explained during the assessment. If fact, some of my health conditions they needed me spell out as they had never heard of it, understandable as CES is quite rare. Hopefully I can get some advice or viewpoints from others here who have been through the process of PIP and MR. Thanks in advance. Kind regards
  4. My partner is due to have a PIP assessment on Tuesday. Does anyone know if your still entitled to the dla payments he normally gets till they make a decision. Another question is would he still get his dla payments if he has to go through an appeal.
  5. 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.
  6. 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.
  7. 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
  8. Atos stopped my pip in May, I asked for a mandatory reconsideration but they didn't change the decision. I have a hormonal imbalance (Hypogonadism), OCD, Severe depression, generalised anxiety and tried committing suicide 8 times since 2010. I just can't be bothered with the stress of appealing the decision. Is it common for people who are actually in need of this benefit not to appeal?
  9. In 2010 I was granted DLA indefinitely as I have Rheumatoid Arthritis and worn joints in the lower part of my back which can be painful at times. I have been using elbow crutches for the past 11 years due to pain in my right leg around the knee. I was told by the physio pepole that it is best to use two crutches otherwise I may cause more damage to my back. Anyway I am 68 at present and retired however my DLA is being stopped and I need to move across to PIP as I was born after April 1948. I used DIAL as the advisor to help with the PIP forms. On the form I indicated that a home visit is preferred as I do not like going into the town. I submitted the forms to Capita who are handling it. Today in the post I got an appointment in the town for a medical with a health professional. I phoned up and stated that I would prefer to have the appointment done at home however they were having none of it stating that I had not supplied sufficient medical evidence to justify a home visit? I am now wondering what they mean by insufficient medical evidence as I submitted copies of reports from the specialists. Surely they would have contacted the specialist for my RA and also my doctor about my other ailments? This has me very concerned and a bit stressed out as not sure what they are looking for at the medical which is this Wednesday as I do not want to have to go through the appeal process.
  10. Brief history is that I have been awarded enhanced rate of both components of PIP for a fixed period. The award letter tells me I got 18 points for Daily Living and 14 for Moving Around. According to the experienced Benefits advisor who helped me with my claim, I should have got considerably more points for both components and, given my age and the nature of my conditions, at the very least the award should have been for a much longer fixed period if not the PIP equivalent of indefinate. Obviously, I cannot be awarded a higher rate but I absolutely do not want to go through the hell of making another claim so soon (particularly as my ESA claim is due for review very soon, and last time it took 2 years to get an assessment done) and I'm concerned that if I don't challenge the points awarded, it will be assumed that I agree with them. Particularly in view of the proposals regarding aids and appliances, I could well end up losing some or all of the daily living component next time around if they think the points awarded this time accurately reflect my limitations. On the other hand, the risk is that if I stick my head above the parapet I could lose some of the award I've already got, or they could make the award for an even shorter period. Is it worth the risk or should I just be grateful I've got an award and start preparing for the review? I know it's part of my condition that things that aren't absolutely 'right' bother me enormously, and that award is just not right!
  11. been on middle rate dla since 1994 received letter stating my dla was to be stopped unless I rang a number, turned out to be pip was told in no uncertain manner if I didn't do a t/phone interview they would stop my dla much the same as others having read pip item in forum. received form to fill in 40 pages none of which (except 2) allude to my disabilities, the last time I saw a form like this was an atos fitness to work form, when I asked the lady who did the t/phone interview if she /they would be obtaing my records from dla she said no we don't need them Now I wonder apart from putting extra sheets in explain grande mall seizures alcoholism depression high blood pressure and copd and will they accept them I always thought that dla was a benefit to help wheras pip it seems is just another way to get people back to work. advice on how to inform the powers that be of my disabilities and the financial costs and personal cost or does that not matter any more
  12. 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.
  13. 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.
  14. 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!
  15. 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
  16. 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?
  17. 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)
  18. 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.
  19. 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.
  20. 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,
  21. Personal Independence Payment (PIP) Document Sources of Interest Personal Independence Payment (PIP) https://www.gov.uk/pip Personal Independence Payment Handbook https://www.gov.uk/government/publications/personal-independence-payment-fact-sheets Northern Ireland - Personal Independence Payment (PIP) http://www.nidirect.gov.uk/index/information-and-services/people-with-disabilities/financial-support-for-people-with-disabilites/personal-independence-payment-pip.htm The Personal Independence Payment (PIP) toolkit https://www.gov.uk/government/publications/the-personal-independence-payment-toolkit-for-partners/the-personal-independence-payment-pip-toolkit-for-partners Personal Independence Payment Assessment Guide for Assessment providers https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers PIP Postcode Map (UK) https://www.gov.uk/government/publications/pip-postcode-map-uk How to Appeal Against a Decision Made by the Department for Work and Pensions. (Form SSCS1A) http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2724 Notice of Appeal Against a Decision of the Department for Work and Pensions (SSCS1) http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2724 National Audit office (NAO) - Personal Independence Payment http://www.nao.org.uk/report/personal-independence-payments-pip/ Citizens Advice Bureau- Personal Independence Payment (PIP) http://www.adviceguide.org.uk/wales/benefits_w/benefits_sick_or_disabled_people_and_carers_ew/benefits_personal_independence_payment_e/benefits_pip_who_can_get_it_e/pip_the_presence_and_residence_conditions.htm The Social Security (Personal Independence Payment) Regulations 2013 http://www.legislation.gov.uk/ukdsi/2013/9780111532072/contents CAPITA Health and Wellbeing - Personal Independence Payment - Information Portal http://www.capita-pip.co.uk/ ATOS Healthcare – Personal Independence Payment Assessment http://www.atoshealthcare.com/pip/pip_assessment_approach ATOS Healthcare -The Personal Independence Payment (PIP) consultation:Simulation Video http://www.mynewsdesk.com/uk/atos-healthcare/blog_posts/atos-healthcare-the-personal-independence-payment-pip-consultation-a-simulation-video-25511 Carers UK - Personal Independence Payment (PIP) http://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/personal-independence-payment MAXIMUS United Kingdom https://www.maximusuk.co.uk/health-programmes/independent-health-assessments Health Assessment Advisory Service (Centre for Health and Disability Assessments Operated by MAXIMUS) https://www.chdauk.co.uk/
  22. 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
  23. 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.
  24. So, I got the dreaded brown envelope stating I'm due to transfer from PIP. Urgh. One question for now - one of the questions on the form they send you is the name and address of a professional who sees you. I'm under someone who I've seen at 2 different locations. Does it really matter which address I put down?
  25. 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
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