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I am so done with the DWP!

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3 years 8 months ago #262379 by Steve
I am so done with the DWP! was created by Steve
Hi all.

I've been a member for a while but this is my first forum post. I honestly just need to vent.

I applied for PIP a little over 2 years ago and whilst I felt I was eligible for enhanced mobility and standard daily living I was awarded zero points. The mandatory reconsideration changed nothing and due to my health and depression I was unable to lodge an appeal myself. By chance I got connected with a solicitor who specialises in benefit claims and agreed to pay him an exorbitant fee to do all the work for me. The appeal was successful and I was awarded Enhanced mobility and standard daily living.

The tribunal award was for 2 years. I had an extra 6 months added due to covid and my award stopped in January 2021. There was no review offered to me so I had to make a new claim if I wanted to continue getting PIP. I did this in January too.

It took me a long time to complete the forms due to my physical and mental health problems but I followed the members guides and did the best I could. I felt quite confident that I had explained things clearly, particularly with regard to how my conditions varies from hour to hour, day to day, week to week, etc, and what I can and can't do on a typical day, a worse day and a better day.

I had the telephone assessment a few weeks ago and it seemed to go ok. The assessor seemed compassionate and implied that she understood what I was saying and understood when I explained my difficulties and how they affect me. I was very clear about what I can and can't manage to do. I also explained how my condition has deteriorated over the years and made certain daily living tasks more difficult or impossible.

I've not yet had a decision but I did request, and have just received, the assessors report from the DWP. The report is littered with lies about what I supposedly said during the interview and omits things that would go in my favour had they been written down. After adding up all of the points she awarded me it comes to a big fat zero! I am so angry at this lying ***** right now that I am genuinely glad I have no idea where she lives!

I feel infuriated right now. The reasoning and justification for her awarding zero points to everything is a copy paste chunk of text that makes little sense. Saying things like my recent MRI shows little change, as if that suggests I'm magically all better. It was not long ago the tribunal awarded me PIP and I have not gotten any better since then, I don't see how 'little change' in an MRI suggests I am better. Functionally day to day I am actually worse than a couple of years ago. There is way more rubbish written down that either I didn't say, or she's taken words out of context and applied them in a shiny new context just to **** me over.

Benefits And Work, thanks for the guides I have found them really useful so far and I'm now pretty sure I will soon need the MR and Appeal guides.

Sorry to bust in and rant without even knowing you all but I just had to vent to someone that will understand, this government sucks! I did go back and remove all curse words so as not to offend!

Thanks for listening,
Steve

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3 years 8 months ago - 3 years 8 months ago #262386 by LL26
Replied by LL26 on topic I am so done with the DWP!
Hi Steve,
I feel for you! As a mod and also someone who regularly represents clients via a charity, the story you write is all too familiar. Whilst perhaps as a novice it is easy for you to think maybe I have written something wrong, but when clients at the charity come back with zero points, after the 'perfect' form, it does appear that it is the system that is failing rather than the claimants. It is very difficult for claimants like yourself to move on from a point of utter dwp lies and misrepresentation. Difficult but not impossible.

Firstly, take heart, it is NOT your fault. Whether it is by design, incompetence some other reason or maybe all of the above, the problem you describe is far too common! However, if the downgrading of points awards is by design, then if you do not continue wirh your claim DWP win! And yes, by the way, please vent all you like!
But whatever you do don't give up!

Sometimes it is certain illness etc that DWP definitely don't get.Unfortunately this includes many mental health issues. Assessors often do seem to misrepresent what's said. One of my clients could apparently walk to see his mum, despite his mum having been dead over a decade!!! Need I say more!!!
So, having now hopefully convinced you not to give up you will need to write a Mandatory Reconsideration letter. This needs to be done within a month of the decision letter date.I know you have read the guides but please read them again. I would like you to be really critical. Analyse your own limitations with a very fine tooth comb. Make sure you are absolutely clear what functional problems you have. Are these problems for the whole time, or only part? Importantly do you have them for the majority of days? If your limitations mean eg you can't do shopping or household tasks then this is not enough. You will need to show that you can not do the specified activities in the PIP descriptors. Consider whether the problems you have mean that you can not perform the activities
1.safely
2.to an acceptable standard
3.repeatedly across the day
4.within twice the normal time it should take ie for non-disabled people
Pain may affect all 4 criteria. All 4 criteria need to be met.
OK now you're thinking that was a bit of an effort but you will now have the all important critical answers to PIP points!
By examining your abilities, and it is really important to be brutally honest even if it is a rather negative experience.(Sorry!), you can match your health with the various points levels and you should be able to work out what points you get and where. If two or more points values apply you should get the higher one, or the one for the most prevalent Ask a friend/relative who knows you well to check your list and see if he/ she agrees.
Now write your letter.
Firstly a couple of paragraphs about health background. You could include your previous award, and explain that nothing has changed or indeed things are worse
Especially if this is a permanent lifelong condition.
[By law DWP have to explain why your previous award has been reduced. There has to be an actual change of circumstances, not just the whim of an inadequate assessor!]

Then use a couple of sentences, perhaps bullet points describing the major points of discrepancy with the assessment report. Eg
There were a lot of factual inaccuracies in the report.
Here are a few examples
• I do not drive a car. I have never had a licence due to my epilepsy
• Due to back ache I can not get into the bath without help. If no one else is at home I can not have a bath.
• I visit the consultant every 6 weeks - this is contrary to the comments made by the Assessor who says 'no specialist involvement'
• I take morphine every day as prescribed. This is not a first line painkiller and shows that I do have very high levels of pain.

•In addition the report is filled with poor spelling and grammatical errors, and in parts makes no sense. The quality of the report is therefore very poor and does not reflect the information that I repeated several times to the assessor.
Taking into account all of the above, the report should not be relied upon.

Under the head of each descriptor, then explain what you can't do. Give examples.Repeat things if you need to. Refer to the assessment and page number for specific criticisms, but only where the assessment is very bad. (No need to criticise everything in the report it will detract from the main points you need to make.)
Here's an example
I need assistance from another to prepare and cook a simple meal. My hands are arthritic and I can not safely hold a knife or lift even a small pan thst is empty. Every day I drop several items including knives, plates and kitchen implements as well as food. Last week I dropped a cup of coffee and burnt myself. I did visit the nurse who dressed the wound. I need to see her again later this week. I have no strength in my hands and can not open jars or even cardboard packets. I need help from another to ensure that I remain safe. I am unable to prepare a meal without this help. I should receive 4 points -1e.

Do this for all descriptors. If you have any medical reports include them, and make relevant comments, eg that the assessor plainly contradicted the consultant's report. Maybe you have sent them in previously- well they obviously were ignored, so send them in again and say
Hopefully if you do this you will get your decision revised.
Even if you have to go to the tribunal, please do not give up. Every one on this forum will tell you not to give up. This is the most important advice I can give you.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 8 months ago by LL26. Reason: Omission
The following user(s) said Thank You: Susie27, camomile42, an ex nurse, denby

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3 years 8 months ago #262390 by Steve
Replied by Steve on topic I am so done with the DWP!
Hi LL26,

Thank you so much for your reply. You have shared a lot of useful info including some things that I have not read elsewhere.
It will take a while to get through this but I will do my best and come back if I have any questions.

Thanks,
Steve
The following user(s) said Thank You: LL26

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3 years 8 months ago #262398 by Susie27
Replied by Susie27 on topic I am so done with the DWP!
Hi Steve,

I really feel so very angry on your behalf, and I do wish Joe Public realized just how much we are disbelieved as claimants! The hoops we have to jump through would, quite frankly, be laughable if we didn't need the awards as much as we do. Gah - it makes my blood boil!

I had such a fight, a couple of years ago, just o get a home assessment - despite 3 different medical reports requesting one (inclusion GP) due to severe anxiety and AGORAPHOBIA!?!

More relevant to your case, my brother (who was originally on higher rate DLA also "failed" his assessment for PIP first time around. When he finally got to appeal, he was awarded 26 points, so Enhanced/Enhanced for 5 years! He wanted to give up, fed up with DWP, but a few of us family members helped him to write MR.

Your rant makes ABSOLUTE sense! I hope you are able to follow the suggestions of LL26 as you are ENTITLED to this money - how dare they suggest otherwise!

Pulling for you. You are not on your own.

Susie
The following user(s) said Thank You: denby, LL26

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3 years 8 months ago #262406 by Judy
Replied by Judy on topic I am so done with the DWP!
Yes, never ever give up, that's their aim. You are obviously entitled to PIP.
The following user(s) said Thank You: denby

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3 years 8 months ago #262409 by May
Replied by May on topic I am so done with the DWP!
Just sending sympathy to you, Steve. It sounds extremely difficult, and sounds like you've done lots of excellent, detailed, hard work on it already so must feel extraordinarily frustrating.
May
The following user(s) said Thank You: denby

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