Please help me I'm soooo stressed

[1117145]

I have recently had my mandatory reconsideration refused and I've had to appeal.I'm new to all this and have just seen all the negative remarks and found out the truth about atos and the medicals.I have a number of medical issues the main one being a problem with my right lung which leaves me constantly breathless and in pain. I've just came out of hospital again this time so they could take a biopsy and get a good look at the problem, I've been admitted 4 times this year twice to have fluid drained from the right lung.At present I'm extremely stressed from the whole situation I'm still awaiting a letter from my doctor to varify my condition so I can send it to the tribunal. I,m also very concerned about the damning things that were written about me ,number 1 being it says I refused to be examined and yet I know I was never asked which I found strange.The only time anything was said was when the person pointed to a peak flow and said I quote I won't make you do that as I can see your uncomfortable.Anyway I don't want to rabbit on.I do hope someone can help as I feel that I'm on my own and need some good advice for the tribunal. As I won't have any support on the day thanks lot happy Christmas my email is Edited by Admin

[Hidden]

Sorry about your PIP i am going through it myself, again, Firstly it might be a good idea to take your Email address off this post and ask people to send you a PM instead.

have you had any help with filling in the forms ect? Try to get help with either the cab or welfare rights may be able to help.

There is also an on line group that could help you. `Benefits and work` they do charge a joining fee.

Please calm down i know that its not much help but you can always try again later.

One thought. Have you told the DWP that you are waiting for fresh evidence. if you do they may put the Tribunal on hold until you get it.

Good luck.

[1117145 in reply to Hidden]

Thanks for the advice I really appreciate it

[rosewine]

They never cease to amaze me. Hidden has given some excellent advice. I used the Benefit and Works guides for both the filling in if the PIP forms and also when my OH and I has to apply for ESA many moons back and OH had to go to two tribunals, we won the tribunal by the way. If it raises your spirits at all and we need all the help we can get in that department over half of the people who attend get their decision overturned. They took my OH from 0 points to 18.

Preparation is the key and do contact them about your ongoing health problem and the tests that are being performed. They did allow us to give additional evidence to that we had put forward before n the day but you can't rely on that being the case so contact them beforehand. As Su days they might decide to postpone especially if you can prove you had the symptoms at the time of the assessment.

If you are in an assessment situation again make sure it is recorded as it keeps them more honest. At the time we did our ESA they weren't doing recordings and I had the same experience as I offered to do the physical tests but told her I would have difficulty getting on the bed and would need help getting off because of the way it was positioned and there was no step. She told me not to bother and it was recorded as a refusal if we had had her on tape we would have won straight away. I tried my best on the other physical tests and nearly passed out with pain and she recorded I wasn't trying.

I was lucky with my PIP assessor as she was fair but I made sure I did every physical test regardless of pain and toppled onto her desk but it proved I couldn't balance on one leg! I was also fortunate I was in the middle of a flare so note good day.

If you go on your own make sure someone takes you to the centre or you have a taxi as that is usually one of their first questions "how did you get here". Don't hide your distress and tell it as though it is your very worse day. Good luck with it all and if we can help with specific queries we will do our best.x

[1117145 in reply to rosewine]

i,m unsure of whats going to happen on the day of the tribunal but am hoping that some one there will read the medical report and realise that its not only a work of fiction, but also spots some statements that I supposedly made are beyond the realms of possibility. Also some glaring lies and contradictions one example being It was said that I refused to let my legs be examined but then later on the examiner says that he could see no muscle waistage on my legs, surely it,s one or the other and he would of had to see my bare legs to make this statement. The truth is far more simple he never asked. It really amazes me that all these problems people have with their assessors and the reports are,nt picked up at an earlier stage , and laughed out of the room. You would really have to be stupid not to see this, but it sounds like atos have been getting away with it for some time. Anyway I won,t rant on and thank you for your needed advice.

p.s to tell you the truth I,m of the opinion that if they have got away with it this far who,s to say it won,t go on

[rosewine in reply to 1117145]

Having had experience of the two companies I think I prefer Capita to Atos. it is just luck of the draw which assessor you get as well. I think they are less likely to believe someone who has a fluctuating disease as if it is a good day tht person can appear reasonably well and some people with fibro do look well (unfortunately not me) and that can go against them.

My acupuncturist was saying he had been asked to do a report for another lady who has had ME and fibro for 25 years and has been seen by many specialists who have confirmed this. He can't believe that she has to keep on going through this farce. he says she has a high class degree in Physics and could get a very high salary if she could work who would want to live on benefits if they were fit enough to command a good wage. He also despairs of the system. Anyway let us know how you get on.x

[bluebell99]

Hello, you have been given some wonderful advice and I do hope this will go your way.

You have had a lot to put up with this year and it should be taken in consideration, surely.

Take care and be kind to yourself.

Kay

[naturalnikki]

I'm so sorry you are having to deal with that. It seems a lot of people struggle with the process of getting help. I hope it can get all figured out. It's a shame you and others have to jump through unnecessary hoops and I don't understand why it seems everyone or what seems like everyone, has to put up with false things written down by the people doing the evaluations.

I'm so sorry. I hope you can get the help you need soon.

××

[Janet28]

Hi 1117145 I'm sorry you are having to go through all that stress and being so unwell, I do feel for you. I'm afraid this seems to be a big problem for a lot of people at the moment. I can see you have already been given lots of advise as to how to move on with it all. So I wish you luck with it all and pls do let us know how you get on.

Peace, luv n light

Jan x

[TheAuthor]

Hi 1117145

I am so genuinely sorry to read this and I sincerely hope that you get your desired result at tribunal. I can see that you have been given some wonderful advice but I have also pasted you a link to the CAB cache entitled: Challenging a PIP decision - the tribunal hearing, as it gives a great deal of information about the process:

citizensadvice.org.uk/benef...

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

[goldwing]

I had to change from DLA to PIP, I was on high rate of care and mobility on DLA,I was awarded standars rate of both for PIP. I asked for a reconsideration and the award was the same, so I went for the Tribunal, but I used the benefits and work info to do my appeal. When your appeal has been accepted by the court,they send it back to DWP and give them 28 days to reconsider the outcome. I was lucky and received a phonecall from DWP, just over the 28 days offering me high rate mobility, but still standard rate care for 10 years. I could either accept or carry on and go to court for high rate care, but I was happy with that so I accepted and it was all backdated to the date it had changed. I had the Citizens Advice to help with the forms and Welfare rights were going to help me with the court procedure but I didn't need them. The CAB referred me to the Welfare rights, so you should get in touch and see if they can help you. My outcome was good, but it was reassuring to know I had someone to help me if I needed them.