Mandatory reconsideration refused - Lung Conditions C...

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Mandatory reconsideration refused

Fantasy3 profile image
30 Replies

Hi all.

Got my decision letter today.

I'm being refused pip on the grounds of not being sick or disabled enough.

I'm not going to tribunal

I'm tired of fighting.

So I've given up now.

That is all.

X

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Fantasy3 profile image
Fantasy3
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30 Replies
Titchy52 profile image
Titchy52

Fantasy3  I'm sorry you didn't get it it's quite soul destroying best wishes c

y_not profile image
y_not

Fantasy3, you only have one month from the date on the letter to appeal the decision. I hear what you say and I totally get that you are tired of fighting but why fight alone? Get Welfare Rights or CAB to fight this for you and take a back seat while they do the fighting.

Remember that 6 out of 10 applications are rejected and 5 out of 10 accepted on appeal so half the rejections are WRONG!

Make a call, sit back and let the experts fight on your behalf (and they are very good at it!)

Best wishes and a brighter tomorrow.

Mandy6513 profile image
Mandy6513

I agree with y-not.......Go down to the CAB

These forms are written in a way that we are meant to fail. There is a knack at filling them in and wording the answers. 

You must tell them about your worse days not the days when your managing because they are not interested in the illness or disability but how it affects your life and stops you doing the things you use to do.

Lots of members have been turned down but have got it in the end 

Magpuss profile image
Magpuss

Ynot is right, you should have someone fighting on your behalf and both cab and Welfare rights can do that. Please don't give up without giving them a chance to help you.

Kathygwanny profile image
Kathygwanny

Please don't give up. A friend of mine has applied and appealed so many times and was about to give up, but had one more go. On Friday she got word that she had been awarded the higher rate of Care and Mobility so she is getting a mobility car and everything she will need to help.   ☺

Please persevere. 

Kathy. Xx

Hi I agree with the others.  Ok don't do it for a week while you lick your wounds and can regather your thoughts,  but then get help and do it.   x

Ohtwo profile image
Ohtwo

I know what you mean I got pip for 12 months after being assessed at a manchester hospital then refused daily living on my 2nd assessment, which was at home. I was too tired to fight against it after all the form filling. I didn't need the stress. Ended up cashing in a private pension early (only had it for 10years) and my partner works longer hours, to make ends meet. L

casper99 profile image
casper99

Please don't give up, that's what they want you to do. Get some help, I did after my mandatory consideration phone call was a disaster.

 Cab were great and the advisor even came with me to the tribunal.

We just don't know the right way to fill in the forms, they do. xx

katieoxo60 profile image
katieoxo60

Hello Fantasy3, understand how you feel but do try to get someone to help you appeal. I forget how many times I asked for review then when I asked for appeal they granted it, hope that gives you hope. Admittedly that was DLA not PIP but it was never easy for the chronically sick to get entitlements sadly. Please try again with help as suggested by others. xx

lynnekay profile image
lynnekay

I am so sorry to learn that you feel too tired to continue fighting, but you must appeal. The money  you'll eventually get will be so helpful.  

It may be that the way you've completed the form has worked against you.  You need to explain why you can't do things.   My advice, having been through the process, is to make sure that you are specific about what is disabling, and painful or uncomfortable eg if you get breathless while doing certain activities, describe how it is (palpitations, head pounding, unable to get breath in/out, wheezing, urgent need to wee, feelings of panic etc etc) and how long it takes you to achieve the activity because of the time taken to recover each time you get breathless.

Hope you find the strength to try again, and good luck if you go ahead

Nottobad profile image
Nottobad

Hi did you get help with the letter you sent them do you use thing to help with your daily life. You should really get help with any communication you send there are plenty of organisations out ther to help you. When I went for my assessment the person I saw could see how slow I was walking and how breathless I was getting. I hope you will change your mind and appeal. X

barbs47 profile image
barbs47

The comment from y_not is exactly right. I used to be a CAB advisor and specialised in disability claims. Of all the tribunals I did for my clients I only lost one. Please do go and see either CAB or Disability Rights and appeal. The assessors do not know what they are doing. This government is wasting a lot of money on appeals because of this. Take care x

Caspiana profile image
Caspiana

Hello. I'm sorry to hear about your application. I can truly understand how tiring and frustrating this is. I don't live in the U.K. so I can't comment on the ins and outs of this but just know I'm rooting for you. 

Kind wishes, 

Cas xx

Fantasy3 profile image
Fantasy3 in reply to Caspiana

Would just like to say thank you,each and every one of you for the support,and advice regarding my pip claim.

I am unable to continue with my claim as I am unable to get to either cab or any other organisation,due to my breathing probs.

My partner works full time.and I have nobody else to help me. I have been unable to use public transport since Dec last year as I find the walk to the bus stop near on impossible,let alone when I get into town.

Although the lovely assessor at my review stated in his report that I managed to walk from the waiting room to the assessment room without any signs of breathlessness.and that I managed to pick my bag up from the floor.

They did however admit that my peak flow which was done at the time,was low,164.

You can't beat the system.

That's why I'm not going to pursue it.

But you lovely people on here have been wonderful.

Thank you.

X

y_not profile image
y_not in reply to Fantasy3

Fantasy3, the Welfare Rights guy came to see me at home! 

Your assessor wasn't (I'm sorry to say) "Lovely" they are doing a job, to a pre-defined standard with the sole objective of cutting costs so that the useless government can waste it on some puerile stupidity that, so in my book, does not constitute "Lovely".

Please, unless you won last week's lottery, don't fight them but get a champion to do it for you. 

If we don't use these people then they will simply disappear, please give them a call - a search of Google for "welfare rights phone number" or add your area for the local number.

When you win your appeal YOU will become a beacon for so many others who are rejected on first application.

Good luck

Fantasy3 profile image
Fantasy3 in reply to y_not

Hi y_not.

I was being sarcastic about the assessor.😀

I have been in contact with my local cab,and waiting for a call to get an appointment.

Thanks for the advice.

y_not profile image
y_not in reply to Fantasy3

Sorry, not feeling so good today - a bit tetchy - really pleased that you've made contact.

Sorry if I was a bit too .... er ... um well, male ... if you get what I mean ;-(

Fantasy3 profile image
Fantasy3 in reply to y_not

Hahaha.

That's ok..

Shocked1 profile image
Shocked1 in reply to Fantasy3

Great news!!

Try calling your local council to see if they have a benefits advisor. Also try sending a consultants letter to the tribunal court. The DWP can overturn its decision if the tribunal knows you will win via the evidence you can produce.

I've won two of my two appeals.

Good luck hope this gives you hope. 💕💕💕

elanaoali profile image
elanaoali

thanks all for the advice for our friend fantasy3 I pray that you will have the courage to reach out to CAB. We are all with you you are not alone.  

pollyjj profile image
pollyjj

I understand completely how utterly and completely you are fed up with fighting but if you can just find a little energy to get someone to help you it could alter your life in a few months.

Please take the advice of the caring members on here and give it another go.

take care

polly xx

Dedalus profile image
Dedalus

I do understand how you're feeling - there's still time to appeal so I hope, as others have advised, that you'll feel strong enough again soon to get the help you need.  It would be worth getting a taxi to the CAB - you deserve PIP and when you're feeling stronger you should fight till you get it.  Take care & all best of luck & best wishes xx

bobbyr profile image
bobbyr

I totally agree with y-not. When I asked my local cab to help me they phoned the dwp and the man helping me made the woman at the dwp feel so small! He made my case in a very stern and controling manner. Had I have phoned myself there would have been an awful lot of swearing involved!! With their help I was finally given full pip and highest rate esa. Don't give up.

y_not profile image
y_not

Oh, Fantasy3, "I wasn't breathless when I walked ... picked up my handbag" ... I'm guessing that, like me, you have good AND bad days. 

Did they bother to ask you which you were having?

Fantasy3 profile image
Fantasy3 in reply to y_not

Hi y_not.

No they didn't ask if I was having a good or bad day.

Were only interested in what I was capable of doing.like sit to stand,all by myself.

Pick my bag up,all by myself.etc.etc

y_not profile image
y_not in reply to Fantasy3

They asked me to bend, stand on one foot, walk round - I refused all them instructions saying "What are you trying to do to me, I still have to walk back to the car when you finish - and I'm not sure how I'm going to do that so I don't need more pain before I start that journey?"

OMG! What a cantankerous old SOB (hehe) I can be!!

I hate them with a passion!

I think it does no-one any favours to portray the assessors whether for PIP or ESA in such a negative way. To describe them as uncaring, rude, determined from the outset to ensure your claim fails may be someones way of presenting a reason for their own case not going as they would wish, but that is not a good reason for such sweeping negative statements.

There are repercussions from such statements:

The person stating them is refusing to consider their own part in this outcome....

Lack of preparation is the main reason for an unsuccessful assessment .

This in turn can reinforce unrealistically negative perceptions of the assessment in others who feel they have failed where they should have passed. Easier to blame "them" than question oneself........................

Worst of all, by far, the effect of all these "horror" stories on people who are facing such an assessment for the first time. People that are usually unwell, frail ill, and often alone in a new and intimidating world

The amount of times we see first time posters who are terrified of the procedure because of the "horror" stories some are so ready to promote.......It is callous and selfish to promote such fear and I wish people would find more composed mature and considerate ways to express their opinions and concerns and give some thought as to who may be reading.

I apologise for sidetracking the thread, but this is exactly the place where such considerations should be given.

You cannot help people by frightening them.

Nottobad profile image
Nottobad in reply to

I agree with you stree you only hear about the horror stories. So here is a good reply the assessor I saw was really nice she could see I had problems walking and was getting breathless just walking from the reception to the room for the interview under 20 meters she also said I was only to do the things if they didn't cause any pain so you do get a few nice assessors. I think it has too do with the company that do the assessments. I would be interested to know what was the company. Used for the assessments I was seen by Athos x

onamission profile image
onamission

I think it is fair to say this system does not work and never has, it was set out to cause stress and upset to vulnerable people and it has continued to do so.

It was Gordon Brown that introduced this kick them while they are down system and the Tories have continued with this system wasting public money on private companies to carry out these assessments.

If you were to ask the MP's what does the c or p stands for in COPD they wouldn't have a clue and im sure they think our lungs will regenerate and improve they are all very ignorant to long term illness and want everyone to work regardless of the impact on the health and where are theses jobs we can do with 0 contract hours.

It is the people at the top of the assessment ladder and Gordon Brown along with the Tories we have to blame for this mess.

Please don't give up keep fighting and always get someone to fill in your form

No it is NOT absolutely fair to say any such thing............If it was, how is it that I got into ESA support group for 10 years first go with no outside help apart from studying what was expected of me, plenty of documentation on that and multiple forums and welfare rights advice available.

Same with PIP. I got daily care standard and higher rate mobility also 10 years, filled in the paperwork myself, did my homework on what it was all about..................

You really must stop just chanting a populist negative mantra and think about what you are saying and the effect it can have on newcomers to this situation who will be scared enough without your thoughtless scaremongering..............

If you are really so concerned then do something about it instead of reeling off broad brushstroke condemnations that help nobody.

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