Statement of Reasons PIP Tribunal - Fibromyalgia Acti...

Fibromyalgia Action UK

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Statement of Reasons PIP Tribunal

sabrejan profile image
20 Replies

My husband just received this today unbelievable judge said he walked without struggling carrying his stick. He was limping and struggling to walk and was using his stick for assistance and balance. Said he could handle change which he did not touch money at all. Was not out of breath or struggling he was heavy breathing anxious and struggled throughout the whole interview. Said he has no side effects from medication even though it was proven otherwise in his medical history. Don't understand how they are allowed to do this. How can you ever win against these people who throw their own spin on this

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sabrejan profile image
sabrejan
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20 Replies
rosewine profile image
rosewine

It sometimes make me wonder if they mix up the cases as so many people say the same as you, it is as though they are talking about another person. I am so sorry to hear this you have my sympathy.x

Seems to be getting worse it’s got to coming from higher places Such as government scoundrels .

Birds profile image
Birds

Hi so sorry for you I'm in the same place waiting for a tribunal date and after reading what is happening at this stage is terrible. I have worked all my life and now I need a little help no one wants to know if there was some way to transfer the pain that we struggle with every day and night to these people that judge us. It feels like they want to push us to the edge of no return because we have nothing to give anymore when will someone help us. The government needs to save money l get that but they are taking it off disable to give it to people like capita and giving out bonuses to them to Rob us to the point of finding we are not believd when will someone help us.. X

AppleFanBoy82 profile image
AppleFanBoy82

Sorry to hear the issues you are having. I am havin the same. My statement of reasons came back and stated I attended on my own which was a lie as wife was with me but wasn’t allowed in room also they stated I am learning to drive which is a lie as I don’t even hold a learners permit. It astounds me as to what they are allowed to put and the DWP believe. In my assessment they stated that I climbed up and down of the bed which got me as there was only a table and a few chairs in the room. It’s got to the point where I am starting to get rather annoyed and frustrated at people who are getting PIP and don’t need it like my mother in law. She’s claims that her epilepsy is causing her to not do anything yet she runs three classes a week for craft learning and makes a load of crocheted animals every week yet she hasn’t had a fit in five years and never saw a specialist in 20 years yet since her DLA was taken away after she lost her PIP assessment she made up all these lies about not doing anything and then decides to see a specialist over her Epilepsy. To me it is people like this that make the DWP refuse people because of what they see.

I certainly hope your husband gets what he is deserved and entitled too

sabrejan profile image
sabrejan in reply to AppleFanBoy82

That's awful for you hope u get it too. Are you going to upper tier. My husband is so hurt it's the fact they lie isn't it

sabrejan profile image
sabrejan

That's awful for you I hope you get it too. Are you going to upper tier. My husband feels so low as they keep lying that's what hurts the most

Treewade profile image
Treewade

Can I ask where your tribunal was please kind o scary when you read this mines in 8 days xxxx

sabrejan profile image
sabrejan in reply to Treewade

Chester good luck

Treewade profile image
Treewade in reply to sabrejan

I'm getting seen in doncaster it's wide here I moved from Leeds last July, I asked my GP and my psychiatrist for supporting letters they both said they re not allowed to give them and PIP would right to them only I was in Leeds when I did my assessment so they have done the writing to doctors thing that they never seem to do. How can it not be policy to give a supporting letter when PIP asks for them. I know my GP doesn't know me well as I'd only been with practice about 4 month when I asked but they have my files, very strange lol. Hope you get justice I wanted to ring them after my assessment and ask if they d sent me the right report for one it said I'm right handed and as far as I'm aware I've always been a lefty lol there was so many things that were wrong I'm taking a disability adviser to my appeal. I think they see that many they jumble em all up and send a generic refusal. Ok lost hope lol but hope your husband gets sorted having a professional there may help that's why I asked also I forget things he's got all the notes etc so I don't have to remember them xxxx

waylay profile image
waylay in reply to Treewade

They don't usually write to your GP/other medical people for evidence. They say it's up to us to get the evidence and send it in.

Treewade profile image
Treewade in reply to waylay

I thought that strange doncaster GP and psyc both saying that never had a problem in Leeds

Louinpain profile image
Louinpain

Im also waiting for a tribunal date and the stress of the whole process has made me very ill. I also know of people who get pip that shouldn't and its people like that that make it almost impossible for any of us honest cases to get the help we need and deserve. Take care and dont give up on the fight... that's what they want xxxx

Treewade profile image
Treewade in reply to Louinpain

Yeah I know someone who gets full pip mobility and care and she can run for a bus while I can barely walk some days even with my stick and she calls me a faker cos I have fibro I have hyper mobility syndrome too but she says fibro = hypercondria

Louinpain profile image
Louinpain in reply to Treewade

Shows how little she knows then. Shes not worth a second thought!! We all know that the pain you and we feel is as real as real can be. Its pain like no other but people who dont understand as they dont have it are narrow minded and i only hope that they never have to live with what we do on a daily basis. X

Treewade profile image
Treewade in reply to Louinpain

If she wasn't family I wouldn't speak to her sometimes it's like having your own personal judge watching you

Louinpain profile image
Louinpain in reply to Treewade

I can imagine xx

M0AL61 profile image
M0AL61ModeratorVolunteer

I've been told by someone I know well, who used to work for the DWP, that because the assessors don't have a lot of time while doing the assessment, that in many cases their reports are ' copied and pasted ' ...... hence people getting reports back which seem as if they are for someone else.

Remember, the onus is on the claimant to get as much evidence as possible, to send in along with your form. Also remember to photocopy everything you send, as well as your claim for. If you do need to appeal try and get some help from the likes of a disability welfare office, CAB etc.

Good luck to all of you who are having to appeal. x

mattjoachim profile image
mattjoachim in reply to M0AL61

You are right about Medical evidence. I am under a Rheumatologist since 2008 and also under a Nephrologist since 2015. EVERY time i see them they write back to my GP and I keep a copy of those letters. When I got help to fill in an ESA 50 from a local Welfare rights Officer, she told me only enclose the most recent letters sent from the specialists to GP. It was a big mistake as i had to go to appeal and one of the reasons Maximus were saying I had sent very little evidence with my ESA 50 in relation to my illnesses or history of my conditions.

Kaspinallsgr8 profile image
Kaspinallsgr8

I just wrote a long response that completely disappeared when I hit send. That's weird if any moderator checking on these can you see what's going on?

onebigvoice profile image
onebigvoice

I realise that in reading the reply's that most are 4 years ago. But what has changed? So far as the assessment of Claimants? Their side/Our side? Their side: nothing really, they still assess, they still write Unjustified reports, the reports are still being used by all, including the Tribunal, benefits are still being removed, stopped or reduced.

Our side: They now have to provide a full justification of the evidence used to assess you. ( Capita/Maximus/ATOS) they have to follow the 2008 Social Security Act including the 10 the 10 points which are now law. firstly that ALL assessors are Medical Practitioners? ( on the day of the assessment) and must be registered on an Appropriate medical register? What this means as it was changed in 2014 (DS (Me) V Secretary of State. They cannot always match up the assessor with the claimant, but must have a medical background.

That is the assessors response, the Secretary of state on paper says different. Because they show the title of Nurse, Doctor, Paramedic, HCP you can ask them to show you a valid I D. This must contain the name, picture and title of the person holding the badge or doing the assessment, and must also contain a Valid I D Registration number.

ALL assessors I have seen do not even wear a badge and ones that do route around looking for a badge when found only contain a name and picture? No company logo and more importantly no I D number? I you check in the NMC/HCP/Medical register of Doctors they are not found? This is why you never see any reports written by assessors in your medical history, as they are not registered to do so.

The report they write is unsupported, and in asking recently as 3 weeks ago to produce a legal document that can be used by the claimant and DWP Capita have suddenly jumped ship. This is their statement: All our reports are for the Decision Maker not for the claimant, if you wish a copy you will have to ask them for it. ALL OUR REPORTS ARE RECOMENDATIONS ONLY for that reason, and it is the DECISION MAKER THAT MAKES THE FINAL DECISION to do with the report what they like. They can discard it or use it, most use it under the premise of " we used the HCP report which is more up to date for us.

In making that statement they do not state which HCP report, NOT YOUR SINCE YOURS IN ON HEADED PAPER, AND IS FULLY JUSTIFIED AND IS IN YOUR MEDICAL HISTORY, THEIRS IS NOT? When asked about the assessor, they state that you have to contact DWP or PIP's, as its their report.

Paper work around the assessment system is designed to be so hard including getting to a Tribunal that most the night before the Tribunal receive a telephone call offering a " reduced offer" but more than you are on now, as most are receiving nothing. And the Tribunal is LAPSED. This is also illegal, since the Tribunal rules state all evidence must go through them. But when you ring you will find that its already been lapsed by DWP before they rang you?

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