Harvey1956: Hi folks, iv been giving... - Fibromyalgia Acti...

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Harvey1956

harvey1956 profile image
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Hi folks, iv been giving the higher pip iv got fibromyalga chronic fatigue and had a stroke in may this year which has left me with a turned in left foot I walk with a stick, but can't walk far. I would like some advice iv just got a letter from the job centre to go for appointment . What's all that about. Feeling scared

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harvey1956
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Shadows-walker profile image
Shadows-walker

Ok stay calm , I went to drop sick note off at Job Centre last January , I could hardly move , will post you more info in bit ,but I got threw door and I hobbled on stick across room and by the time I had struggled with chair on my own ,they had decided I was to ill for work. .

went straight I to support group I didn't realise they were assessing me just asked if they could hep me

Ok .ill be back in a bit , you got pip that's huge we don't get given that if we're not believed your three quarters of the way there .

Big congrats for that and hugs

Shadow. Xx

Shadows-walker profile image
Shadows-walker

I have just had my pip , the first assment was I thought ok seemed a nice chap , a wolf in sheeps clothing , if you go back through my posts to November last you will be able to read about it , I got awarded 2 point only for the whole thing , I was living alone and nearly surviving if I honest looking back , I appealed and it finally got to court this summer 14 months after the original claim , I then got awarded 5 I think for careand 4 for mobility, I nearly had a breakdown after that .

So after taking advice from Janet are advisor on here , I got a new disability advocate ,got my friends Judy and Rachel and we re did my form , I got assessed about a month later this time not 7 months later like before , the assessor arrived and my daughter let her in , she walked into a room to 3 people not one , for support ,I been up one hour as they need to see you first thing . My dogs were at a friends , my daughter left the room , and continued with jobs in the kitchen as she runs the house not me , on a bad day I can't get down the stairs , anyway she was an OT , she was lovely , she asked about my bathing needs etc , do you know by leaving the bathroom door open when you have a bath or shower you get a point because I have trouble getting out or feeling faint in shower sometimes that's worth points , if there was anything I can do on a good day that I can't on a bad like making a drink ,I just said Charlotte does it , it's the truth , you have to remember your worst days , not your passable ones and not let pride ruine it for you . Do you see how this is going . Next shopping , if you can walk round a shop even with a trolley or stick on a passable day you will be able to walk ,and get no points , if your really poorly someone else goes to the shops , so your reply is that you can't and that X does the shopping , ! That then means you can't walk more than 20 feet or meters ok , points again and so it goes on , can you drive , well I live in a very hilly place , I can't go out at all if am bad concentration hills if I got out foot I have been brought home before now , so I have a manual car that I rarely use , thinking of getting rid , but have other people's as named drivers on it , also if I don't have a car I can't get to bus stop or get back for that mater , so I would be house bound . Points again . Have I got any hobbies I do well I have hobbies but I can't concentrate or hold a fine needle I have a few tears ,I have a bike I can't ride , I have kites I can't fly , I tried aqua aerobics but it left me badly fatigued , the assessor was supposed to do a gentle medical bending squeezing etc ,she decided against it as she could see I physically couldn't do it that day .

know my friend Rachel and I devised a sneaky plan to assess me mid flare so ,my assessment was on the Monday so Saturday before Rachel came round early afternoon and we tided my kitchen and cleaned it ,I didn't do much to be honest I played foreman mostly , but all cupboards were cleaned inside and out , and everything was reorganised , and then we tided the patio and she moved flower pots and washed down my yard , I was exhausted watching her , ,

Sunday I couldn't get out of bed . Monday well you can imagine the state I was in and to be honest it was worth it .

I have enhanced rate care and enhanced rate mobility ,

So what have I learned

1. Ask for a female assessor

2. Book a or appointment the week before your visit from DWP

3. Speak little , if they ask something that you think we'll I can but I can't ,say your partner daughter ,son, friend does it ,

4. It's always your worst day your talking about .

5. Get letters of support from gp , family members ,friends anything they have done to help you , by the way my friend dyes mt hair for me , she also washed it after so a friend washed my hair ,if asked hoe mangled and you go to hairdresser they wash it ok ,

6. If you had a fall and someone has looked after you get them to write it ,

7 , if you have toilet issues get it confirmed by Dr it's embarrassing but necessary,

8 , have someone with you for support and don't get off your bottom and don't smile ,

.

If I have forgot anything and anybody else has anything valuable to add please share it's important to us all ,

But don't give up if you fail , this benefit is a right we need it to have a decent quality of life .

Good luck

Shadows walker 💚💚💚

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Annunnaki profile image
Annunnaki in reply toShadows-walker

Yes. You got that right. Senior health professionals start assessing you from the time we set eyes on you.

In Some countries we advice to see us without medications so we can access true severely. We value truthin it's nakedness, not dressed as pride. Embarrassment, etc. Pity we don't here.

Shadows-walker profile image
Shadows-walker

PIP/child DLA/ESA Mobility question tip: I think it's a good idea to use houses to gauge the distance you can walk without severe discomfort rather than try and guess. A terraced house, for instance is on average around 5 metres across the front, a semi 7 metres. Therefore if you know you can get to a neighbour's door 3 doors down, but can't get back without a good rest then the distance you can walk is 15m if terraced street or around 21 if a semi.

I see so many people getting confused in assessments and court with this question. Using an average house as a gauge is far easier for everyone to understand.

You may also get asked how many minutes you can walk for when you go to court. The panel gauge your walking speed during the few steps you take going into the tribunal room at the beginning. So if you answer 5 minutes, they will assume it's at the pace you have already shown. This is often not a true reflection of your walking ability, as it's often just a few steps from the door to the chair in the hearing. Using the 5 metre per terrace house theory gives them a far better picture.

Remember also to mention if you sit or lean on a wall on the way anywhere. Also your ability to walk reliably, safely and repeatedly must be taken into account along with time. If it's more than double that of an average person your age, then you cannot do it within the definition of the descriptor. Michelle

Shadows-walker profile image
Shadows-walker

When applying for PIP It's best to sent evidence that packs the best punch as they start start to ignore much of it if too much is sent, and only so much is scanned onto the system. For instance if you have specialist reports then send them. But if you have appt letters that relate to the date of the reports, then there's no point in doubling up as they knew you had the appointment. One appt letter to illustrate how far back you went with treatment, followed by a later one is good. Any OT reports or delivery notes from them for equipment you have bought or OT have given you at home. Photos if not, will suffice. Remember photos will be scanned in black and white and posted in bundles not colour for tribunals too. Statements from people who help you, preferably professional ones, so if you have cleaning lady, private massages or a private carer, this helps. Reasonable adjustments statements for work or college showing what aids you have, or your sickness/absence record if poor. The list goes on. I would avoid sending any print outs on relatively well know illnesses such as ME or Fibro, they will not be read as the argument is that it's not about the illnesses, it's how they affect you. These just clog up your file and hide your good evidence.

Shadows-walker profile image
Shadows-walker

Our client encountered an interesting question at Tribunal yesterday, in relation to the enhanced PIP mobility component, one of which we have never encountered thus far.

The Judge asked:

"If you were walking here and you dropped your wallet and only realised after a few metres what would you do?"


my client said that that she would sent her partner back for it

They weren't happy with this and continued questioning and then said "what if I weren't there?"

They refused to accept that she would have left the wallet, however this is a completely bizarre question as it relates to a hypothetical question that was unlikely to happen as they lady never went out alone, and stated this over and over during the hearing.

What if's should not be part of the questioning if they are not something you will encounter in day to day life.

It could be something you could challenge afterwards.

Luckily she was awarded standard rate and was happy with this,and certainly did not want the hassle of going back to court again.

Shadows-walker profile image
Shadows-walker

Hi all two weeks ago I took my sick note up to job centre so they could forward it for me., the chap I recogonized by site and he asked me if I had time for a chat to see if there was anything they could do for me. I said I didn't mind if there was anything they could do I would be great ful so he said give him 10 mins which I did , I managed to sit down on a realy low sofa thing, and a couple of mins later he came back and he said to save me waiting he would chat to me as his colleague was still on lunch and he was quite anyway he asked me to follow him so up I struggled not really knowing what he could do ,anyway I pointed out I used to serve and make him laugh in my last place of employment and I

His response was good God I knew I recogonised you but what's happened to you ,so I laughed and asked him to slow down and explained he got me into a chair , and said well I was going to try and help you back into work but your not well enough and I looked at him and asked if he could tell the pip people that and he laughed and apologised and said it wasn't in his remit I then told him how broke I was now and how difficult I was now finding things after a year off work and no savings left ,

So my question is what is support group and what does it mean to me financially ?

Is it better for me and I have a disabled advocate now who is going to help me with my pip and she is coming on Thursday but I can't wait that long and if I have been assed and found unfit for work why haven't I been awarded my pip. ? I just don't get it .

Thanks all Chris x

Added today November 10 th.

I got into support group after this with no medical . With disabilities premium and have just been confirmed I am in it indefinitely in the last month.

Good luck

Shadows-walker profile image
Shadows-walker

Ok all the above post are things that helped me ,and I hope can help you , with pip or ESA , remember it has to be your worse day and about you , these post are just to help guide you they are not posted in any order , I have just gone back through my post over the last 12 months , I wish you well , good luck ,

Chris. X

Now for yet another sleep x

Annunnaki profile image
Annunnaki

It's a long time for me.

One advise is you always have to describe and allow them toffee you at your worst. Most people can't gage good from bad days, when presented with good or average. It's like when you explain Heather. You store the maximum it gets. I worked in the NHS, trust Mr on this one. So no trying not to waste their time, trying tobrush, etc.

If they ask, you have to be very clear about what you can do. Ie sit for 2 hours max, with lyinging for 4. Walk 13 matters. Sit for 10 mins, progressively to 30 mins, with a total max of 50 meters.

Need help with shoping, cleaning and cooking.

Let them work out what job will accommodate you WITHOUT exacerbating you in any way.

Hopefully, you might recover completely or almost. And resume a satisfactory life. Work is so fulfilling, when you can actually do it.

Blessings.

BlueMermaid3 profile image
BlueMermaid3

Hi there

When I was called into the Job Centre the lady I saw said that I was very clearly not fit for work. At the time I was in the Work Related Activity Group. The lady was very nice but said that she was not able to move me into the Support Group as it was not within her remit to do that.

She advised me to appeal to go into the Support Group. I told her that I was too poorly to appeal and she said that if I didn't she would have no choice but to call me in for Work Related Activity Interviews.

I appealed and was put into the Support Group.

I would have thought that the system would have been the same throughout the country but it very obviously isn't from what I have read from other members of the forum on their experiences.

Don't forget to let us know how you get on.

All the very best

Lu xx

TheAuthor profile image
TheAuthor

I can see that you have been given some wonderful advice so I will not add anythign to it and confuse the situation, so I will just genuinely and sincerely wish you all the best of luck.

All my hopes and dreams for you

Ken

Shadows-walker profile image
Shadows-walker

Legal note continuing our theme about JCP staff and those with delegated powers, and how they should be treating disabled people who claim JSA or ESA.

The following is an extract from the DWP internal intranet system for staff and is under the guidance heading “Equality and you –a guide for employees" this was circulated in 2010 initially.

The Equality Act 2010 came into force on 1 October 2010. The Act simplifies the previous equality laws such as the Disability Discrimination Act and Race Relations Act and puts them together in one piece of legislation. Its aim is to create a single, streamlined approach to protect the rights of individuals and advance equality of opportunity for all. As a reminder you should be aware that the Department, and you as an individual, may be liable under equality legislation if unfair discrimination does occur or if you are found to have discriminated unfairly, even if it was unintentional. It is therefore essential that you understand your role as an employee in relation to equality legislation and this guide is designed to help you understand: your key responsibilities (and what you should do)

learning and development opportunities; and,where to go for more information. As expected of all employees you must treat your colleagues, customers and anyone with whom you come into contact through your role in the Department, with respect and you must ensure that you do not bully, harass, victimise or discriminate anyone on the grounds of equality. In addition you have a responsibility as an employee to uphold behavioural standards to prevent, or act upon unacceptable conduct. If it occurs, you should challenge or report inappropriate behaviours.You should have an awareness of (and keep up to date with) the requirements of equality legislation, in particular the Equality Act 2010 and the public sector equality duty.You should also comply with the relevant Departmental policies and processes which have been developed to support this legislation, in particular: Diversity and equality policy; standards of behaviour; issue resolution policy; and harassment, bullying and discrimination policy.

You should work with your colleagues to create an inclusive working environment where diversity and equality are valued and promoted.

You should understand what reasonable adjustments are and why DWP must provide them for customers and employees.

You should actively use the DWP competency framework which sets out the expected behaviours for diversity and equality and which can influence your performance discussions. In summary we must, when carrying out our functions, have due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other conduct.

If your advisor is not acting within this "guideline" then they are possibly breaching the Equality Act, and most likely Article 8 of the Human Rights Act (right to a family and private life,) this latter act also specifies that you have the right not to be the right not to be subject to unlawful state surveillance;
respect for privacy when one has a reasonable expectation of privacy; and
the right to control the dissemination of information about one’s private life, including photographs taken covertly. This maybe useful in quoting if you are subject to constant DWP surveillance. You could print and serve the information along with a complaint that you will be acting further should the behaviour persists.

It is better to be informed of your rights as it's surprising how mention of a breach of The Equality Act 2010 can mean the difference between a call being passed to a supervisor, or a claimant being fobbed off.

Newquay profile image
Newquay

Hiya just ring job centre up and tell them what you have been rewarded and that your not fit to go and they should cancel it.

They did with my husband.

Hope this helps

Glynis

harvey1956 profile image
harvey1956 in reply toNewquay

I'm scared to do that incase it affects my money

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