2 years PIP Nightmare continuing..... - Fibromyalgia Acti...

Fibromyalgia Action UK

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2 years PIP Nightmare continuing.....

Collie-Dog profile image
23 Replies

Granted PIP 2014, reassessment 2016, removed (points deducted to just under the required amount), despite my health deteriorating, went through all the DWP's procedures still refused. Reapplied January 2018, had all points removed this time, the assessor did not report accurate facts, even reporting I managed to perform movements, which are impossible because of cervical spinal metalwork fitted during one of several operations. I was told I was lying and exaggerating about my pains. I suffer from osteoarthritis following a serious car crash and was last week diagnosed with fibromyalgia. It may seem strange but to be honest, it is a 'relief', I thought with the DWP's reports that I was imagining the pains even though the severity is excruciating and stops me managing with the simplest of tasks at it's worst. At least I now know what was 'going on' with the pains throughout this horrendous PIP assessment and can put a 'label' on my condition! The DWP has told me to reapply yet again because "There is new evidence". They are not going to step-down and admit they were wrong! I had these pains throughout when they deducted all my points from being awarded PIP! On the other hand I am still coming to terms with the implications of this diagnosis . (I am relieved that the two nurses, assessing me who both missed the true cause of my pain is not treating me!).

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Collie-Dog profile image
Collie-Dog
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23 Replies
Collie-Dog profile image
Collie-Dog

Sorry did not mean for the photo to go there and can't delete it, it keeps coming back! Meant for it as my identification picture!

Sunnydays1 profile image
Sunnydays1

Sorry you have been throughall that pain when you said that the dwp took your points away did you mean thay took them away from what the assessor recommended xx

Sunnydays1 profile image
Sunnydays1 in reply to Sunnydays1

Ps my picture did that to could not delete it lol xx

Collie-Dog profile image
Collie-Dog in reply to Sunnydays1

From the first assessor, an occupational therapist who agreed I could not manage in 2014, but the latest ATOS assessor who was a nurse decided I could manage every activity repeatedly, despite my deterioration and medical support etc etc so the DWP gave me zero points!

jules12 profile image
jules12

Hi, did you know that the assessors have to decline so many. Once they have reached a quota set out by the dwp, they have to decline the rest. Google it.

Also, if yoou have had pip befoe and they have now reduced or stopped it, please go to the citizens advice bureau, fill out the forms to challange the decision, with their help and they will then put you in contact with free legal help to take legsl action. It doesnt take as long as you may think and you have a very strong case and nothing to lose. You will aslo be awarded back pay once it is sorted out.

Good luck.

Pinkbird profile image
Pinkbird in reply to jules12

I’m sorry to have to reply Jules 12 but that is incorrect information and as such very misleading ,and can lead to much panic to other posters,assessors do not ever know who is declined and who is not - once the report is sent to DWP assessors have no way of knowing any furthermore information.

There is no ‘quota’ set at all set to assessors.

Collie-dog reapply with all your new information and good luck to you x

jules12 profile image
jules12 in reply to Pinkbird

Thank you for your reply.. i wouldnt want to distress or mislead anyone, but ive just been to court over pip and this was the nformation given to me.

Kind regards

Collie-Dog profile image
Collie-Dog in reply to jules12

Were you successful? Hope you were?

jules12 profile image
jules12 in reply to Collie-Dog

Yes, i was

waylay profile image
waylay in reply to Pinkbird

They don't know for certain, but most Decision Makers just rubber-stamp the assessor's report, so effectively, they know.

Collie-Dog profile image
Collie-Dog in reply to jules12

Thank you I am challenging this 'error' but every stage takes so long and the claimant cannot actually discuss the faults in the assessors report. I've complained to IAS, (ATOS) but was basically told, "As we were not present we cannot really comment"! I have contested this of course. The DWP are not interested as they are passing the buck onto IAS, despite the fact they 'sub contracted' the assessment! I think you right, it makes sense the DWP having to decline so many - cowards

jules12 profile image
jules12 in reply to Collie-Dog

It has gone on far too long. Plese ask for help from citizens advice bureau, dont underestimate them, they are very helpful and have contacts to free legal advice. my claimwas settled withina few months. Im sure it would have been sooner ifi had gone to them from the outset.

Im really sorry to hear that you are struggling so much with these bureaucrats.

Collie-Dog profile image
Collie-Dog in reply to jules12

Thank you, I have had help from the citizen's advice but in my area they are so busy that they restrict the help they can physically give. Pleased you are sorted. Thank you for taking the toruble to help. XX

Al10 profile image
Al10

Its horrid isn't it? Always be prepared to appeal n not give up. Tribunals are horrid n stressful but you may get more sense applied n it does cost em money. Around £579 per go. They are spoiling us hey?

They rely on folks giving up. We need to show em, we won't. I'll fight to the death n blame them for it. Life without money for an actual life is not enough.

With tribunals a good rep can often find first tier has made a mistake in law n take the case further. Never give up, never give in.

I like to tot up the money the tax payer likes to waste allowing the DWP deny folks 💰 their money. It soon adds up to quite a lot. If you then get your money reinstated they get to pay over. Oh dear!

This system is a disgrace. We can't let them actually save money running it. And figures are starting to prove it is costing much more than promised. And oddles more, if you factor in cost to other services too!

If you read up on disability websites you can read up on descriptors and look at past tribunal decisions. You can then see how the HCP n DM are too often misapplying the law. They are putting folks off taking their cases furthur n folks are failing to question whether they are correct. Not surprising as is can feel overwhelming. If you can read up on this you may find it illuminating and interesting to work out your own case. Cab should be able to help find a rep if you want to challenge.

Collie-Dog profile image
Collie-Dog

Thank you, I too will not give up, distressing and tiring as it is. Just wonder when these so called people are going to be accountable for what they are doing to the ill and vulnerable members of society. I worked full time for over 30 years and now I am too ill and was finished through ill health, they do not want to know.

I used Fightback4Justice who have both a website and a Facebook page. You pay their expenses but it's worth every penny or for a small monthly fee you can join their VIP group. The lady who started this is a lawyer. My experience is after an 18 month battle with DWP they won my DLA for me. A few years later, this year early on in fact, they completed my forms over the telephone for transition from DLA to PIP which they posted to me and I sent a copy to DWP. I then had a home assessment a few weeks later and a lady from Fightback4Justice attended with me, she supported me and prompted me, I paid the travel expenses for Fightback. Four weeks later I heard my claim was successful. Good luck

Collie-Dog profile image
Collie-Dog in reply to

Thank you so much and congratulations. I will look into fightback4justice, it is so sad that the DWP were not forced to pay your expenses! How can they justify treating someone in this way, for so long until a legal person intervenes. I am so grateful to you and I am really pleased I joined Healthunlocked, meeting people who genuinely care I will never give up, when we know we are right, it keeps us going.

Collie-Dog profile image
Collie-Dog

Last week, I requested up to date medical evidence concerning the recent diagnosis of Fibromyalgia, from my GP, who has informed me this morning that this request has to come from the DWP. So I contacted the DWP who stated it is the assessor who has to request medical evidence of support, so I telephoned IAS to be told the request has to come from the DWP to the assessor, (IAS, ATOS). So I telephoned the DWP again to be told the onus is on the claimant to provide medical evidence, as it is to support the claimant!

Surely this should provide the evidence of the truth, not supporting 'one side or another'? The GP is not allowed to charge for these letters now to the patient?

Very conflicting messages and me stuck in the middle!

To ‘add insult to injury’, at a hospital consultancy this morning, the consultant told me that he is not allowed to provide a letter supporting my conditions for the DWP. (We are not allowed to get involved” he said).

Finally to access MY medical records I need to fill in a form and access them “On Line”. 'I have set the wheels in motion' but everything seems geared to obstructing the claimant, and takes so long! with the DWP 'throwing' time limits at me throughout.

In one morning the DWP gave me 3 conflicting date-limits, I am not giving up no matter what happens, 'Daniel Blake come back, all is forgiven'

waylay profile image
waylay in reply to Collie-Dog

Yeah, the assessors very rarely contact your GP or other medical people. They expect us to get evidence. A lot of GP's don't seem to know this, though! Find something online that proves it and take it in?

jules12 profile image
jules12

Please dont give up, keep trying, keep going to citizens advice and ask for help to fill in the forms.

EVentually, they will help. If they ant help, ask for a referal to someone who can.

I cant believe they are too busy to help you....

Collie-Dog profile image
Collie-Dog

CAB did help at the start but now appear to have given up, it is almost impossible to get an appointment, they are so busy with debt and benefits to say the least. Thank you I am not giving up without a fight but it is wearing with Fibromyalgia and osteoarthritis! XXX

waylay profile image
waylay in reply to Collie-Dog

They'll help with the first form where I live if you can get an appointment in time. No more than that, because they're SO busy.

Collie-Dog profile image
Collie-Dog

PIP reinstated until the next time. It is so demanding. (Lost 11 months of benefit from its removal following a reassessment to being forced to put in a new claim, which failed miserably with all points removed to be returned at MR stage, where it was decided I am indeed eligible for the benefit after all! - All that stress, still shaking, it was removed in December 2016!

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