Hi, I'm here to ask advice for anyone who is on PIP or ESA.
My father was diagnosed with Cirrhosis 3 years ago, but also has mental health/ect problems. Recently he went for a medical and was kicked off his ESA/ect because he's well enough to work, which is wrong. (in the letter it didn't even state his cirrhosis.)
I'm my dads carer, I don't get paid for it, but I do everything for him, Finances/cleaning/shopping/ect.
He's currently doing an appeal for this decision.
In the last two years, he's been in and out of hospital, he gets scans every 3/5 months, he's always feeling ill, being sick, bringing up bile everyday. He doesn't eat apart from some cold meat in the afternoon and before he goes to bed. He can't wash, walk for more than 5 minutes without sweating and feeling like he's about to faint. His memory is very bad, I can tell him one thing and ten minutes later, I'll say it again and he reacts like I haven't told him before.
I'm very worried about his conditions, especially due to him not having any money now, and I'm scared that he won't be accepted for ESA/ect. I'm just wondering if there's anyone on here thats had any issues and if there's any advice as to what evidence or such I can use/ect to help him because I'd class him as disabled, especially due to me being his carer. Im very unwell myself and I'm running ragged trying to sort things and keep him as calm as possible (his mental health is terrible) and I just...I feel hopeless right now.
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vncy
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Very sorry to hear all this. Something is very wrong with this decision. How can a man with these problems be deemed suitable for work? I don't know who carried out the medical assessment but I assume that your father is under specialist care for his illness so perhaps his doctor can get involved. Also seeing someone from citizens advice should help. You should also be eligable for carers allowance so citizens advice could help with this.
Thank you for replying! When we went for the medical, we stated everything, said that he wakes up very ill, is sick, can barely walk, that me/my partner do everything for him because he's incapable of doing these things himself/ect. When we got the decision back, it states all his health problems we had said but didn't state cirrhosis, and it stated that he was capable and got 0 points, which is completely wrong. He can't cook/clean/wash due to how ill he feels and pain he's in and I was shocked when it said he's healthy enough to work.
Me and my partner are currently contacting the citizens adivice/ect because due to being cut off his benefits, he's now needing to pay rent/ect for his house, but he has no money and he can't do anything about it. He doesn't leave the house, I do all his phone calls, paperwork, bills/ect, he's very dependant on me and im just running on thin ice right now. I can't sign on to carers cause I am also on ESA for my mental/physical health, which isn't being helped due to having to take care of my father.
I am currently waiting to hear back from the DWP because we sent a mandatory reconsideration a few weeks back because the decision is completely wrong and half the statements in the 'decision' are lies and not what we told them. It's just a whole lot of stress and I'm struggling to deal with how my father gets over this.
I'm hoping that it can be resolved because the stress that it's causing is too much for him to take.
Please appeal , I've heard about cases like yours before and once someone stands up to them they back down. You and your Dad deserve every penny you can get, it's just not fair. Please take care. Lots of love Lynne xxxx
thank you for that really sweet reply! like seriously, thank you! We're trying out best to fight the case and I'm glad i've came here because everyone seems to supportive! Thank you x
I'm with you Lynne. Please appeal! I went through the very same thing with being turned down. Get a Lawyer!!! They get no money unless they win on Disability Cases. After I got turned down and got a Lawyer, it took awhile...about 4 months and he even got back pay for me from the time I actually got to I'll to work. So, don't stop. Lawyer up and Good Luck
Contact the charity fight back 4 justice, they are fantastic, you can find them on Facebook. They will help with your MR and tribunal if needed. I wish you all the best. I will be doing this very soon too.
The decision is wrong and hopefully you will get your appeal, successfully and soon.
My only advice is directly from my own experience. This is, get all of your evidence together and get an appointment at the next surgery of your local MP.
I did that and didn't even get to see my MP, he managed to get it sorted within weeks just based on a phone call and emailed documents regarding my situation. I had a phone call from the DWP and had a discussion about my case. They phoned back less than one hour later to say my appeal had been allowed and all backdated benefits would be in my account before the end of the week.
The amazing thing is, he is actually a minister in the present government. Not what I honestly expected but very well received.
Sadly your Dad's experience is far from unusual.
I would be interested to know if your assessor was a registered nurse. I ask because you say s/he actually lied about the evidence you presented. As s/he is professionally answerable, not just to the company employing him /her but to the professional body, The Nursing and Midwifery Council. In my case I requested the assessors name and registration number, which they were obliged to give.
Absolutely appeal this decision, utilise the services of Citizen's Advice or your local council Welfare Rights Officer.
If you can you MUST get supporting evidence from your Dad's medical specialists - what I did with hubbies claim is sent specialist a note of the scoring criteria for the benefits and where we felt hubby scored and why based on how we see him everyday. His consultant was then happy to write a letter in support with her medical take on why hubby scores the points he should.
DWP / ATOS / Capita do not send off to your doctors for evidence and it is up to you to provide it as basically it backs you up and not them.
My hubby got zero points on PIP the first time round and at appeal was awarded Enhanced Daily Living & also now basic rate mobility after 2nd application and also recent renewal. He got support group ESA without a medical from day one (& touch wood) hasn't been re-examined for that payment.
You should be eligible for carers allowance if Dad is on PIP though it gets deducted in part from his ESA - I just get carers credit which just pays for my National Insurance contributions as I can no longer work full time with hubbies care needs.
Recently the assessment process has been called into question a lot as people have secretly recorded their medical and then shown where lies and untruths have been written in the report. Sounds like your Dad got the same sort of hearing my hubby did but rest assured if you go all the way to tribunal you will get a much fairer and accurate hearing and a better result - that's if they don't cave at the mandatory reconsideration stage.
For yourself and anyone in a similar situation of having to 'fight' for benefits I can not recommend highly enough the guides to form filling, assessment process and appeal process hosted by the site Benefits & Work at :- benefitsandwork.co.uk/ It costs around £19.00 to sign up but trust me it is worth every penny, if you fill the forms in properly with enough detail at the outset then you have a much stronger case if you have to go to appeal.
It happened to me and I found citizens advice a lifeline they were amazing. I also asked my consultant for a letter which they did it is a long process though unfortunately but don't give up it took me 2 years (but that was due to me being so poorly in and out of hospital) but I won my appeal and the money was backdated good luck x
so sorry to hear your dads probs its ridiculous how yhey work it out my bro was on pip for back injury had pip then they took him off he appealed and got it back i was working 12hrs a week applied for pip and got it just on on points for care not for mobility but i am expecting to lose it on my first review after xmas but receiving it for 2yrs now but since then i have finished work due to probs im 62 now i have multible arthritis joints. pbc. and fibromyalgia but i could wrap up all these names in gold it would nt make any diff its how they affect your life not what you got i really hope u get what benefit your entitled to good luck xx
write to your mp, you can do this at writetothem.com put your postcode in and it will bring up the area where you live. pick your area and your local counsellor and local mp willl be listed. click on the name of you local mp and then there is a form to fill in which asks your name email etc and space for you to write directly to your mp.
Hi vncy. I have AIH and cirrhosis and I'm going through the same process as your dad. I applied for PIP and everything that we said seems to be the opposite to what they wrote. Eg they asked if i knew how to get to town. My reply was" it's on my road." On the letter of refusal they wrote for that answer " is able to plan a route" Most of what they said was lies, I don't think they should be in the job if they can't listen to how you feel and what you tell them. I'm now awaiting the appeal court to give me a date to go and fight my case. I'm 61, always worked and never claimed from the government. My present job that I'm on sick from has been my work place for 17 years. I'm nauseous daily, pain not only in my stomach but also in my back, that pain affects me standing and walking. I get the shakes not sure why that is though. I can't even put my pants on as my stomach has swollen so much that I can't reach down to my feet.
I do hope you get things sorted for your dad, it's no joke the way that they look at things. I've read some interesting replys on here and they've given some good advice. I wish your dad the best of luck. x
appeal.... but make sure you get help doing the appeal form... citizens advice may be able to help..... google on line and you will come up with bodies who can help.
unfortunately we do not fit in the boxes and if your father puts down the wrong thing then he won't get it.
you have to be really clear about all the stuff he can't do.... mental his memory.. so he needs someone with him.
and if he can't walk far use a wheelchair or scooter.... all this is important.
most people who appeal tend to get it so dig in and hold strong.... you will get there.... it also sounds as if he is entitled to home help help with meals dressing etc.. speak to his doctor... just day you can't do it all.
if you are poorly you need back up... you can still help him but you need some support as well.. xxcazer
Once again the DWP has failed again. By the sounds of it your Dad seems very unwell and should be getting what he is entitled to. Its ok saying appeal against the decision but its a long process and the stress the DWP put you through is absolutely ridiculous ive been their and its not nice as if we are not well enough as it is. They are a disgrace. Fight for your dad dont let them win.xx
I went to citizens advice and they sent an appeal to the benefits agency, I got awarded disability allowance and employment support allowance indefinately
You must appeal this for your dads sake as well as your own. I spent most of 2016 in and out of hospital unable to most things for myself. We applied and got turned down twice, it was an exhausting process but you have to keep going with it. We took it to appeal and we was awarded the allowance. From what I can gather this is quite a common experience. Keep going with it and I wish you and your dad the best of luck, not only with the pip but also with your health
hi, i had the same thing happen to me,C.A.B.are pushing for a tribunal,i asked my doc for a letter and he said it wasnt in his remit as an nhs doc !.tell him its very hard but you cant give up.they do it because a lot do just that.save every scrap of paper,photocopy.!!!!.and if you send anything do it recorded delivery so they cant say they didnt get it..good luck.
My brother has been awarded esa contributions based as his wife worked but has switched to income based as they have seperated and was awarded pip a few months ago. We' never been on benefits before and had no idea about anything but the nurses told me to fill in the forms based on how he was on his worst day which is what I did. He was still in the hospital and the DWP actually phoned the ward and spoke to 1 of the nurses about what he was able to do in her opinion, which I felt was a bit sneaky, but we were surprised when he got it as others I know were refused it. I would appeal and hope you are successful, it's hard enough caring for someone without the worry of how the bills are going to be paid I work full time and since the breakdown of my brothers marriage am basically his carer, take him to all his appointments, shopping, everything really and it's hard going at times. Good luck x
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