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zero points assessment issue raised in House of Commons

andyswarbs profile image
26 Replies

The issue of fibro was raised by Alison Thewliss in the house of commons regarding a DWP assessment of a fibro & arthritis case. The link below takes you to the full text but the relevant text is included below.

theyworkforyou.com/debates/...

Alison Thewliss Shadow SNP Spokesperson (Cities), Shadow SNP Spokesperson (Treasury)

I am sure you will want to wish Motherwell all the best in the league cup final this coming Sunday, Mr Speaker, as you wished other teams well earlier.

On a more serious matter, may we have a debate on the impact of medical assessments by Department for Work and Pensions agencies and contractors? A constituent of mine, who is 60, has had cerebral palsy from birth and has arthritis and fibromyalgia, so she cannot work and needs her family to help with her daily living. Despite this, she was assessed as having zero points, and she received a letter that caused her to try to commit suicide. May we have a debate on this because vulnerable people are being put at risk?

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26 Replies

:( I don't understand how she could be scored at zero!

The Tory powers that be have no idea how stressful these assessments are.

desquinn profile image
desquinnPartnerVolunteerFMAUK Trustee

It has been raised privately to the admin team that it is impossible to know with these situations what s the background to a decision. And when presented like this it is only going to provoke anger, annoyance and disbelief. Any one of these conditions could result in a PIP award but non of them would automatically confer a PIP award.

It is an individual assessment. Unfortunately this presentation at parliament was a question to request a debate and was rebuffed by an invitation to talk to DWP ministers instead. Its this last point that is the need to be addressed so that the DWP process is right for this one person, and every person that goes through the process.

So lets not focus on the case and the disbelief.

andyswarbs profile image
andyswarbs in reply todesquinn

agreed. What might be useful is if people feel their PIP assessment is not appropriate that the see some merit in talking to their local MP.

in reply todesquinn

My local M.P dealt with my appeal for PIP, very helpful.

LaurieLee profile image
LaurieLee in reply todesquinn

I have never seen a reply like this from admin. We all know what DWP are like. It has been in the news in the last week as to why Assessors keep distorting and ignoring what has been said, and actually lying. The DWPs response to this is that their Assessors are honest. I am sure that there are some genuine Assessors, but they are in minority.

I recorded my assessment and still they lied and manipulated the truth. When I got the Assessors report, showing all the lies, distortions and not including what I told them, I got the tape transcribed and put Mandatory Consideration in and was awarded HIGH for BOTH. DWP said if I wished to complain, I would have to take it up with Assessors directly.

Every person in our Support Group has had exactly the same, with exception of one.

So much as every case is individual, we all have to be aware of what DWP are really like. They have have after all trying to reduce the benefit bill.

On a positive note, people going on to Appeal are winning I think it’s approximately 60 odd %. Thereby showing that DWP are making the wrong decisions.

desquinn profile image
desquinnPartnerVolunteerFMAUK Trustee in reply toLaurieLee

As I said this was raised privately with the admin team so was worth sharing. I am not supporting the DWP in any way either if this was the impression that you got. Nothing I have said above is untrue.

The focus needs to be on changing the process and the way things are enforced. The way this question was raised in parliament is also going to have minimal effect unfortunately as it will be rebuffed like it was there. Responding to requests for comments and contacting your MP would be a more meaningful way of responding IMO.

waylay profile image
waylay in reply todesquinn

However, in the past year and a half the number of 0 point assessments has increased hugely, so it does seem to be a vaguely organised thing.

TeddyC profile image
TeddyC

We are given 0 points because they don’t take into consideration pain or fatigue. I can walk, however I am always in pain, but because I can walk I get 0 points. They really don’t care if you are too tired to drive, take pain killers to get you through the day or any other problems associated with fibro. I have a tremor, restless legs, fibro, irritable bowel syndrome, osteoarthritis, and an auto immune liver condition. I still got 0 points. I think it depends on who does the assessment and how they are meeting there targets when you are assessed.

TeddyC profile image
TeddyC

Pain does not count on the assessment. Even if you get pain when you are doing something it doesn’t count. They just don’t care. It is all about ‘getting people into work’ no matter what the circumstances. I am talking about ESA rather than PIP. I eventually got 15 points on appeal, with a doctor and judge in attendance. The DWP didn’t even bother to send a representative.

Maryjayne66 profile image
Maryjayne66 in reply toTeddyC

I too are having to appeal as I scored 0 points, I have PID re occurring pelvic abcesses and I have no control of my bowels, they have supported me for 30 yrs , now I dont meet criteria and they stoped my money overnight, they refused my reconsideration, so now I gave 3 weeks left to sort out an appeal at court, I'm so stressed..

Mdaisy profile image
Mdaisy in reply toMaryjayne66

Hi Maryjayne66

As Hidden says below do seek advice from the local CAB to help you as the stress may be very well making your symptoms worse meaning you feel unable to cope with your claim.

You may also wish to talk to the FMAUK Benefits Advisor via their helpline, all information contained in the link below as well as other website links that may be of help;

healthunlocked.com/fibromya...

I wish you all the very best with your appeal and we all have our fingers crossed you get the decision you deserve

Emma :)

Maryjayne66 profile image
Maryjayne66 in reply toMdaisy

Thank you Emma 😀

TeddyC profile image
TeddyC in reply toMaryjayne66

Try not to worry too much, I found the appeal panel was much fairer than the atos assessor, it is a good idea as Ajay575 says and get advice from CAB or Welfare rights. I went alone, but if I need to appeal any future decisions I would get advice.

Maryjayne66 profile image
Maryjayne66 in reply toTeddyC

Cab can't help me, I have to go alone, they did help me write the form out though.just waiting for a court date now.

TeddyC profile image
TeddyC in reply toMaryjayne66

Sorry, when I said I had to go it alone I meant filling in forms too. I should have been more clear.

Mdaisy profile image
Mdaisy in reply toMaryjayne66

Hi Maryjayne66

It might be worth looking at this website and joining their forum for further advice;

fightback4justice(dot)co(do...

Hope this helps

Emma :)

waylay profile image
waylay in reply toTeddyC

It does. See my post above.

I know my snp leader kirsty blackman is good with pip and all that i speak to her team alot and there all really good

I,d really like to see their question and answer sheets to see how they come to their decision, Ive know people tell us they have recorded their assessment or have taken someone with them as a back-up, I would be inclined to suggest they pay gp,s or physicians to assess us not these Companies who are only in it for the big fees they earn.

Maryjayne66 profile image
Maryjayne66

I've been trying to get hold of them, there is never any advisors available when I call

Sinelg profile image
Sinelg in reply toMaryjayne66

I don't know where you live, but can you try doing it via your council. This is what I did. I rang Stockport Council offices and asked for welfare rights. The guy I spoke to said he would contact them for me. I had to give him details of what I wanted them for and other relevant details, including that I needed someone to come to me. He then sent them an email, and I had to wait for them to contact me. I rang Monday of last week, and a lady contacted me last Friday to say she'd come today. So 11 days from me ringing to her coming, which I think was pretty good. She helped me fill in all the forms, and took them away with her to send them off. So now it's just another waiting game. I hope this helps a bit, and wish you good luck x

Maryjayne66 profile image
Maryjayne66 in reply toSinelg

Thankyou, I went into cab and they showed me how to fill the form in, I've done it and sent it off to the court, just waiting to hear from them now, I shall be going to court myself, I hope you get the result you deserve .

Maryjayne66 profile image
Maryjayne66

Hi , I did the esa self test and I should score 15 points with my incontinince of the bowl as I have no control of the backpassage.

waylay profile image
waylay

If you're in too much pain/fatigue/etc. to continue the activity, to repeat it if necessary, or if it means that you'll be unable to do much the rest of the day and/or the next few days due to pain/whatever, then it doesn't count.

You have to be able to do the activity:

Repeatedly: (as many times as reasonably necessary - most of us only need to bathe once a day, but if you can walk 30m to the shop, you'll need to be able to walk 30m back again, perhaps iwth a short rest in between. If you can't, then you can't do it repeatedly).

To a reasonable standard: If you put on summer clothes in the middle of winter, or you can cook but the meat is raw in the middle, that's not reasonable.

Reasonable time: If it takes you more than twice as long as a non-disabled person, you can't do it in a reasonable time.

Safely: This one is complicated. There's a trade-off between how bad the unsafe thing is and how likely it is to happen. Say you have epilepsy. If you have a seizure when you're in the bath, you'll drown. Very bad if it happens, so it doesn't have to be likely to happen very often. If you sometimes cut yourself a bit with a knife when cooking (not very badly), but it only happens every few weeks, it's not very bad, and it doesn't happen often.

The pain/fatigue thing fits in here. So if your pain gets a bit worse 5% of the time you do something, it's still pretty safe. If your pain gets a lot worse 5% of the time, it's kind of bad, but still not often. If your pain gets a LOT worse, and is usually still bad the next day(s), and it happens 70% of the time, then it's bad, and it happens quite a lot. That's probably not safe.

waylay profile image
waylay

My post above was for PIP. Not sure for ESA.

I got 0 points on PIP, after years with Enhanced/Enhanced or Standard/Standard. Also in Support Group for ESA, although that may or may not matter. Lost PIP last November. Tribunal finally happening in 10 days. Feel like I'm going to have a heart attack.

waylay profile image
waylay

Hi Hidden , I'd have to know a lot more about her to say, and even then you never know how they'll interpret things. If she can only go out that often, though, it does sound like she has a pretty reasonable chance. I'd be happy to help after the 12th of Oct. My tribunal is then, and my new application is due the same day (thank you universe). I'm a mess atm. I'm not an expert, but I have helped a few other people here and there. Send me a message after the 11th?

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