Me and Various Benefits

[Lilly_Monroe]

Everyone on DLA will eventually convert to PIP over a period of time.

 

If his condition has not changed significantly then he should make a claim for PIP.

What's the worst that can happen if he tries for PIP... they just say he does not qualify for it.

The problem with PIP at the moment is the sheer time scale it takes to get it. Oh and I should

say that some of the assessors are rubbish as well. My wife had Capita and they were great for us.

 

Heard somewhere that just getting an assessment can now take longer than 26 weeks and

some claims are now taking over 15 months to complete.

Some people are automatically being re-assessed for PIP when their DLA is coming to an end. This

is probably what has happened in your friend's case.

 

I am coming up to almost a year waiting for an assessment, and been told by ATOS that it could be a further 26 weeks or more.

[estellyn]

No it doesn't automatically end, you will have to be reassessed first, and many assessments are delayed due to atos issues, so don't worry, no overpayment. You'll be reassessed eventually - till then, payments will continue.

[neword]

I am coming up to almost a year waiting for an assessment, and been told by ATOS that it could be a further 26 weeks or more.

 

Ahh.. You have the great and powerful ATOS... say no more............ but if you have a swear box it will probably need emptying before they finish with you.

[Lilly_Monroe]

Ahh.. You have the great and powerful ATOS... say no more............ but if you have a swear box it will probably need emptying before they finish with you.

 

I am well on my way to saving up for a winter coat:)

[worried33]

plus I think for whatever reason many people don't even get given a reassessment date, the pattern seems to be if the prognosis period is one year or less they don't tell you. As it seems only those with 2/3 years prognosis dates get told a date, but as estellyn said its just a guideline and not a expiry.

[confusedbunny]

Ok, that makes sense. Thank you all for clarification

 

If i telephone them to change my bank details, will that trigger a re-assessment? (I read somewhere it might!) I changed address in july and that didnt trigger anything)

[confusedbunny]

Thanks for all your replies, my friend will have to decide weather to cancel it then or not

 

Another question, dwp wrote a letter today stating they are still taking approx £21 a week from his ESA until Dec 2014 ( then social fund repayment ends £9.00 of the £21) then they will continue to take £11 a week until Jan 2017

 

He simply cannot afford this. Is there a minimum he can request they take? If so, how does he go about asking them to change the amount please? (Its an over-payment debt that he has been paying back for 2-3 years)

[estellyn]

It shouldn't trigger anything - unless you're single and start using a joint account, or someone else's account.

 

People often see causality where there is none - they are due for reassessment, they make a minor change and assume that 'triggered' the reassessment, when it is simple coincidence.

[estellyn]

He can write to DWP and request payments are reduced due to hardship - but sounds like he's paying the lower recovery rate anyway.

[confusedbunny]

Oh ok I see,thank you. no its just a simple change to my other sole account

[confusedbunny]

Dear caggers,

 

Posting on behalf of a relative.

 

He currently is in receipt of PIP, which expires in 2017. Awarded due to mobility and mental health issues in relation to a major stroke he had a few years ago.

 

He has now recieved a PIP form (1043), for review, is this normal to send these out so early before expiry of existing award?

 

Having a quick scan of the form, it looks like most questions are going to be answered "no change", as everything still remains the same for him, except his anxiety issues have escalated in the last 6 months.

 

By stating "no change", will that make it an easier decision for ATOS to make and less stressful for my relative to deal with?

 

Would really appreciate some guidance/advice.

 

Thank you in advance.☺

[2ltr16valve]

Ive just had exactly the same, review a year before my current awared run out ! they took my care component away and reduced my mobility to standard from enhanced..... I think there is an agenda here to be honest.

[Nystagmite]

I've read on here a few times that they tend to send out the forms a year in advance.

[reallymadwoman]

You do still need to fill out the forms and supply evidence exactly as you would for a first claim - the assessor will not necessarily have either the previous forms/evidence or even the previous report.

[neword]

We have just had the same form, a year in advance of the end date of our current award.

 

What bothers me about this is that if they process before current award runs out will they change the reward to whatever the new award would be before the current claim runs out, Or,

Will they tag the new award onto the end of the old award and have it run from the end date of the old award?

 

I have just spent over 8 working weeks trying to get an IS claim in payment and its just been awarded (as well as my CA being sorted a couple of weeks ago,

I Just don't want to find in a couple of months from now that the new claim is processed and they down rate the PIP we currently have as that would mean getting nothing and then having to sign on JSA (the PIP's my wife's).

It was bad enough when she fell victim to the stupid question of how you get to the local shops and she said on scooter and they took it she could plan a journey so did not get the extra 2 points which would have given her the enhanced mobility part. What really annoyed me about the whole thing was that osteoporosis is a degenerative ailment and it gets worse with time but they took her high rate DLA and gave her standard PIP rate for mobility therefore saying her condition improved

 

.

[2ltr16valve]

We have just had the same form, a year in advance of the end date of our current award.

 

What bothers me about this is that if they process before current award runs out will they change the reward to whatever the new award would be before the current claim runs out, Or,

Will they tag the new award onto the end of the old award and have it run from the end date of the old award?

 

I have just spent over 8 working weeks trying to get an IS claim in payment and its just been awarded (as well as my CA being sorted a couple of weeks ago,

I Just don't want to find in a couple of months from now that the new claim is processed and they down rate the PIP we currently have as that would mean getting nothing and then having to sign on JSA (the PIP's my wife's).

It was bad enough when she fell victim to the stupid question of how you get to the local shops and she said on scooter and they took it she could plan a journey so did not get the extra 2 points which would have given her the enhanced mobility part. What really annoyed me about the whole thing was that osteoporosis is a degenerative ailment and it gets worse with time but they took her high rate DLA and gave her standard PIP rate for mobility therefore saying her condition improved

 

.

 

 

This is the exact thing that's just happened to me !

 

Had enhanced rate mobility and standard care due to run out 2017.

Forms turned up June this year with medical in July, reassessment letter for claim received Tuesday this week.

No care and standard mobility. ! Cut a year off the previous award !

Now having to go through the usual mandatory reconsideration and probably appeal.

I am two points short of standard care (being awarded 6 points) and 4 points short of enhanced mobility (being awarded 8)

[confusedbunny]

Dear Cagger's,

 

I need your advice/guidance, as i am very mythed at todays "interview".

 

I was struck off ESA at beg Sept, after scoring zero points and declared 'fit for work' after an atos assessment. I have been advised to appeal under numerous points, one being the assessor falsely claiming she physically examined me, this is untrue. Also, stating that i showed no signs of respiratory or muscle wasting disease. I have never claimed to have had any of those illnesses and have a feeling my case was mixed up with another person. I have until 7th Oct to appeal this but have decided to apply for UC instead, as appealing will exhaust me, i just dont have the mental energy to do this.

 

Moving forward, i applied for UC and today had my first interview to commit to work and in order to get my initial payment processed. I produced a "fit for work statement", stating i am not fit for work for three months, due to inflammatory artheritis in most of my joints. My GP made this decision based on my rheumatology/specialist records.

 

The JC advisor informs me that 'its not worth the paper its written on' and i must seek employment or atleast 'prepare' for employment, maybe attend a college course or work maybe 5-10 hours per week, to show my 'commitment'.He said there is no way i will be 'left alone' for one month, let alone 3 months!

 

I was baffled! If i can attend college then i am capable of working,surely? My GP has certified me unable to work, but the advisor is ignoring this and stating i can work with 'limitations'.

 

Please, can someone advise me what i can do?

 

I am so scared that i am going to be sanctioned (rent then is unpaid, and i get evicted), or force myself (not sure how!) into a job and get the sack immediately or even make my condition worst. My rheumatologist is working so hard to get my inflammation under control, to then give me a fighting chance to get my life back in the working world, albeit, part-time to start with and build up.

[antone]

Basically you can't claim JSA (or UC as a jobseeker) if you're not fit for work. This is a problem that arises quite a lot: a person who is clearly unfit for work is nonetheless passed as fit by an ESA assessment, then claims JSA as it's the only option despite the fact that they can't realistically meet the "fit for, available for, and actively seeking work" requirements of that benefit.

 

I'd reconsider the matter of the appeal. I know it will be stressful and exhausting, but so will claiming benefits as a jobseeker when you're not in a fit condition to do so.

[confusedbunny]

Thank you for your reply. My postcode only allows me to apply for UC. I believe there are 4 groups within UC, and it seem's i must have been placed in #3 but shouldnt i be in #1 based on my health?

 

The 4 work-related activity groups are:

 

#1-'no work-related requirements group’ - you don’t have to do any activities to prepare or look for work

 

#2-'work-focused interview group’ - you have to go to regular interviews with your work coach at the Jobcentre to get support with preparing for work in the future. You won’t have to look for work, be available for work or prepare for work now

 

#3-'work preparation group’ - you have to do activities to prepare for work, eg attend training, do some work experience, write a CV, go to interviews with your work coach at the Jobcentre to help you find or stay in work. You won't have to actually search for work or be available for work

 

#4-‘all work-related requirements group’ - you have to do all you can to find a job or a higher paid job. This includes looking for jobs, applying for jobs, going to interviews, etc. You have to be ready and available to take up work straight away

[antone]

Well, group #3 (and some of #2) is, I think, the equivalent of the ESA WRAG. As far as I heard, though, the transfer of ESA claimants to UC was not supposed to begin until June 2018. That could have changed, of course, but until recently only those claiming JSA (or who would have claimed JSA under the old system) were being put on UC.

 

But in any case, you will be treated as being in group #4 for UC purposes because you have been found fit for work at your ESA assessment. The best way around this problem is to win an appeal, and if you did your ESA would be reinstated. As I said, this is a common problem and will remain so even as UC begins because you won't be placed in any of the "limited work related activity" groups of UC without being found unfit for work at the assessment.

 

Edit: Looks like it's more complicated than that, and in some areas people who become sick while claiming UC will stay on UC. None of this changes the basic point, though, which is that the only sure way to avoid the looking for work conditionality is to win an appeal. However, you could try to negotiate reasonable accommodations with your JC adviser, and if you and he can't agree, you can ask that a Decision Maker looks at the matter. I seem to recall that the whole "Claimant Commitment" thing can be reviewed that way if necessary.

[brassnecked]

With regard to your rent, If sanctioned you are still eligible for Housing Benefit, on the ground of Zero/Reduced income, so fill in a Change of Circumstances regarding your UC, so the council keep your HB claim live. This is important for a new claimant as well to do a separate HB claim on Zero income grounds as it can take a few weeks for monies to be paid.

[confusedbunny]

I received my PIP decision and I so upset at the false information that the assessor has stated. I have been awarded standard daily living and ZERO award for mobility.

 

Just briefly

1.The assessor claimed that I could get on and off the medical couch with ease.

(This is a lie! She had to lift my legs on and then off the couch)

 

2.She claims that I can walk 200 metres with no difficulties with a normal walking gait!!

(This is a lie! How can she claim this, when there wasn't even 200 metres to walk in front of her, the waiting room to the assessment room is 12-14 steps that I was severely struggling with)

 

3.She claims I had full mobility in my lower limbs

(This is a lie! I clearly showed her that I cannot move my lower limbs, very limited with severe pain)

 

Mentally, I do not know if I have the strength to dispute all this but I feel deeply annoyed and the fact that the assessor has made false claims.

 

I have medical evidence from my GP (who has issued me with an indefinite unable to work certificate due to arthritis,severe spinal injury and poor mobility), I have confirmation from my spinal surgeon that I have a crushed spinal cord,nerve damage etc and need urgent surgery and walk with a wide gait) and the rheumatologist who confirms that my mobility is effected by my arthritis and sciatica.

 

The decision has been made that I scored 8 points for daily living (standard rate) and 0 points for mobility.

 

I am slightly confused how I challenge this. The letter states I have three options:

 

1.Ask us to explain why

2.Reconsider a decision

3.Appeal

 

I would like to

 

1. Request an in-depth report, so that I can analyse each section & challenge it, can I request this before I ask them to reconsider?

 

2.Would I then reply back to them asking them to reconsider based upon the points that I have challenged?

 

3. If I still disagree with their reconsideration, is that when I would appeal?

 

The one month notice, is this to request an in-depth report or does that include challenging the report aswell? I do not want to request they reconsider their decision at this stage until I see the full report.

 

I was with the assessor approx. 20 minutes in the assessment, how can she make such claims during this time and false ones at that, I am so so stressed by this.

[sgtbush]

No expert on pips but from what I've read they are [redacted]

Outsourced and not medically trained.

 

Get all your evidence and appeal.

Edited November 3, 2017 by Mr.P
Remove obscenity.

[honeybee13]

Here's a link to the forum stikky on DWP appeals, etc, CB. I hope you find it useful.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Mandatory-Reconsideration-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

HB

[stu007]

Hi

 

Please read the above link, you need to get a Mandatory Reconsideration in even if it's as simple as saying you ask for a mandatory reconsideration more to follow and they acknowledge it. (you need to keep a good paper trail as well)

 

Something also to consider asking is remember you were assessed by DWPs nominated contractor but how do you know if that assessor was qualified medically you don't, so this is just my opinion only I would ask the following:

 

You require further clarification on exactly what medical qualifications (XZY Assesor) that carried out your PIP Assessment on XX/XX/XXXX at (Insert Time) at (Insert Address)?.