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25 May 2017
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TOPIC: SDA PIP Assessments Horrible DWP etc.

SDA PIP Assessments Horrible DWP etc. 3 weeks 3 days ago #188575

My adult son's first assessment was in October 2015, I took him there only to be told that the nurse could not assess him he needed to be seen by a doctor. Three Maximus cancellations later we went along on March the 8th 2017 to be interrogated by the most verbally aggressive woman I have ever met. (I complained to Maximos about her, named [removed]) I couldn't believe that we then received the DWP report stating my son had zero points. He has never worked, now 48, Remploy the sheltered workshop would not employ him when he was in his twenties, said he was too slow. He has kyphoscoliosis and scoliosis also has a low IQ BUT because he lives on his own and drives a mobility car the DWP are saying he can work. I sent in a request for Mandatory reconsideration and I think that has been turned down because he had a call on his answer phone yesterday, I returned the call this morning, the woman refused to talk to me because I am not his 'appointee' although I have full Power of Attorney for him. The DWP woman said she had sent him a letter, which he will bring here. I'm assuming it says the Mandatory reconsideration has been turned down but I don't know until I see it, so what do I do now? I told my son to phone her after she said she couldn't talk to me but she simply told him she didn't have his file because she had sent the letter. He didn't ask any questions of course and just phoned me back to say what she had said. My son couldn't have coped with any of this if on his own, I helped him fill in the forms etc., took forever, probably should have got a solicitor but I don't know any, just don't know what to do next. We have the PIP assessment on the 12th and I'm guessing that will be as bad and they will take away his car even though he has never been able to manage to get on a bus.
Will the letter be to say he has not got the MR, I just don't know how these things work and someone said it costs money to go to a Tribunal which is the next thing. Sorry for the ramble, I'm seventy and feel like just giving up. I've printed a letter to send to Mrs May this morning knowing it won't make any difference but just letting her know about the stress this is causing. I have been in touch with my MP since my son got the zero notification but I don't think they can do anything. Oh well, hope you can give me a few bits of advice, thank you.

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Last Edit: by Gordon.

SDA PIP Assessments Horrible DWP etc. 3 weeks 3 days ago #188585

Flowerpower

Based on your post it would seem likely that the MR will be unsuccessful.

Was this a new claim for ESA or a reassessment of an existing award?

What Descriptors did you hope he would meet?

As he has been found Fit for Work he cannot make a new claim for ESA unless he can show that he has a new condition or his existing conditions have deteriorated such that an award was reasonably likely.

If you want to appeal then the ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Your having power of attorney, should be sufficient for you to act on his behalf but the DWP do operate their own appointee scheme and you are likely to run into them querying your right to do so every time you speak to them, so it might be worth your looking at you becoming his appointee.

www.gov.uk/become-appointee-for-someone-claiming-benefits

Gordon

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SDA PIP Assessments Horrible DWP etc. 3 weeks 2 days ago #188627

It was one of those re-assessments that everyone who previously had a lifetime award now have to go through.
The thing is he hadn't been to his doctors for about two years, he refused to take BP tablets although his BP was typically 189/145. Since all this happened I persuaded him to go, I went with him.
His disability I believe was caused at birth, emergency caesarean etc., and the docs have just tended to ignore it all. All apart from the one consultant who did the first report for the then DHSS on which we were able to get the SDA way back.
He had described just how bad son's spine was in detail and wrote it was unlikely son would ever be able to work and would get worse as time went on. I ENCLOSED a copy of that with the ESA questionnaire. This was his Opinion at the time. "The prognosis in so far as his medical condition is concerned is poor. As time goes on the deformity will become progressively worse and secondly arthritic changes will develop in the spine in association with the inter vertebral disc spaces and the facet joints, and will render his spine permanently painful in the future and will add progressively to his disability and incapacity with the passing years. His capacity for work will not improve as the years go on and will become less and less" that was just a short piece from the report written thirty years ago.

I should have gone to the GP with him before but wanted him to be able to cope on his own. The last time he went to his GP and took the x-rays I hoped it would show just what his problem was the woman GP told him they were not his, and when he pointed to the label showing his name and d o b etc she told him anyone could have those printed. I know, I know, I should have gone to the surgery and checked why she said that but I couldn't believe a GP would say such a thing.I thought my son must have been mistaken.
Anyway she has now left the surgery and the GP I saw with him two weeks ago sent him for new xrays and blood tests- the first time any GP seems to have been interested. The result as we guessed shows his spine is worse now than it was. His BP after a week of taking the BP tablets was still 169 /116 so she has upped the strength. The assessment woman wrote so many un truths I just couldn't believe it.

I watched over my son filling in the ESA50 (?) Limited capability for work forms and having checked on the internet I thought he would get all the points he needed. I had to keep at him to do it and if left to do it on his own it wouldn't have been sent. He can't go up or down two steps,even as a teenager before we knew how bad his spine is he used to go up and downstairs on his bottom.(which annoyed me) He can't cook meals, he has sandwiches for his dinner (lunch) and fruit for tea. He makes drinks from a Hot -cup which means he doesn't have to lift a kettle of boiling water. Has aids in his shower room, Has to sit to shower, and high seat with a frame around the lavatory, just the things he needs.He isn't able to communicate that well. . Also that he could sit or stand for less than thirty mins. We put all this in the form.
He is in pain from his spine all the time, just less sometimes than others, but of course when the assessor asked if he was comfy at the moment sitting in the wheelchair he just said yes. She wouldn't allow me to say anything.

The GP (2nd May) stated the new xrays show his spine is worse than it was and she arranged for him to have a scan because the way his spine is twisted it's difficult to see some parts of it with a normal xray. So that is booked for July. He is adamant that he isn't going to let 'them' do anything, but I told him at least it will show the docs just what is what.
So yes I suppose we can say his condition is worse than it was.

When we went for that assessment he had no doctor's letter, or medication to show because he refused to take any. I don't know how long he will continue with this he has at the moment.

This GP had no problem giving him a 'sick note' for three months when I asked for one because the DWP were removing his allowance. I also asked for a letter, which she agreed to, to take to the next assessment for the PIP so hope that will help with that one.

I don't think I could improve on the PIP2 but I will go through it and the assessment Report to correct all the untruths the assessor wrote. She wrote he could programme his DVD player, - he has a non programmable player, and that he used a mobile phone.. he has a very old one that he keeps as an emergency with a couple of numbers already pre-programmed in - that sort of thing. Also she stated that he can walk up and down seven steps, which he can't. I wrote this in the MR but I don't think they even read it.
I really feel like just leaving him to it, and let the Social services sort it out. If they take his car away I will not be able to drive him everywhere, he will not be able to go by bus and won't have the money to use a taxi. He won't be able to go to the job centre if they say he must work because there is no Shopmobility in our local town. So I guess they will cut off all his money.

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SDA PIP Assessments Horrible DWP etc. 3 weeks 2 days ago #188641

Flowerpower

Can you confirm the benefit we are talking about, you start your post talking about a WCA and his being unable to work and finish it referring to a PIP2 and losing his car?

Gordon

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SDA PIP Assessments Horrible DWP etc. 3 weeks 2 days ago #188663

Sorry. The assessment we went to on 8th March 2017 was for the Limited capability for work (the form was sent in March2015) it took Maximus this long see my son for his assessment. They sent the Medical report form, ESA85 and the letter stating that he is not entitled to Employment Support Allowance, I then sent the letter for the Mandatory Reconsideration pointing out the mistakes the assessor made and also that Remploy would not employ him. Then my son had the phone call from the DWP saying they had sent him a letter. Sorry I mixed up the two things up.

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SDA PIP Assessments Horrible DWP etc. 3 weeks 2 days ago #188664

Flowerpower

Thanks for clarifying the situation.

Gordon

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