PIP, DWP and disability benefits. 70% win appeals ... - Headway

Headway

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PIP, DWP and disability benefits. 70% win appeals in court.

pinkvision profile image
12 Replies

As we are out of civid lockdown and the benefit system is going to revert back to the bad old days take heart in these figures and be prepared.

bbc.co.uk/news/uk-58284613

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pinkvision profile image
pinkvision
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12 Replies
paxo05 profile image
paxo05

It amazes me that when you go for your pip assessment they never seem to have a relevant specialist. Mine was a an otphapedic specialist that admitted he knew nothing of head injury.

Amazingly on appeal they brought forward consultant in psychiatry. Not ideal but closer the mark.

I know they have different specialists at different times but why not book appointments around who is available.

It doesnt shock me how many win on appeal but then again we have nothing better to do than wait, its not like we have lives to lead

Pax

pinkvision profile image
pinkvision in reply to paxo05

I ended up going to my MP about the PIP assessment and the time it was taking to get assessed. Everytime they made an appointment they cancelled it. It went on for months. In the end I spoke to the MP's assistant and she told me to phone the DWP/PIP people and tell them I had been to see her and to give them her name. I did and 9pm in the evening a manager from PIP phoned me, drivelled out apologies and said my PIP would be awarded and to wait for the paperwork.

A few weeks later my MP was in the local paper making a statement that the local PIP assessment centre had been closed for months and he had been inundated with complains like mine. So the assessors were making appointments and cancelling all of them because the assessment centre was already closed and they had not told anyone or made plans to get people assessed at another location.

My UC work capability assessment was a bit of a joke but the person was really good. I said that none of my conditions were reflected in the questions asked about my capabilities. To be fair she told me exactly how to proceed when appealing the decision which would inevitably say I was fit for work. I did what she said and won the mandatory appeal.

paxo05 profile image
paxo05 in reply to pinkvision

My original assessment was for dla.

I initially was turned down flat and given all the reaons why i didnt qualify. This was farcical as clear evidence was given to these issues..

None of my evidence was considered or refered to.

On appeal they actually looked at all the evidence and the specialist instantly awarded it.

When transfered to pips once again no eidence was refered to until appeal.

This seems a standard approach.

RecoveringH profile image
RecoveringH in reply to pinkvision

Congratulations on winning x

Pairofboots profile image
Pairofboots

I can't take heart from what is a disgrace. I was originally assessed for PIP by a RN (MH). Strange because I was a RN(MH) nurse specialist. I know that I wouldn't have be qualified to carry out such an assessment, and I know that after checking the NMC register, neither was the assessor. Her report, didn't meet the basic standards as set out by the NMC, and was full of inaccuracies and assumptions, a breach of the NMC Code of Conduct, and should lead to removal from the register.

I was lucky, I had within a week of the assessment, had been assessed by a Ministry of Health Approved Dr. emloyed by the DWP. This report was full and accurate. All points were clearly evidenced, from observation, as reported, and expert opinion. This was in complete contradiction of the PIP report. On appeal, the the DWP could not dismiss evidence authored by their own Dr.

Having said this, my last assessment was on the phone. It was a strange experience. The assessor almost put words in my mouth. Not in the negative, but more that were of benefit to my claim. Even the fact that after so long, I didn't have new evidence, after all, what further investigations and treatment options are there, seemed to be in my favour. But again, this was a medical professional employed by the DWP.

The decision makers are not medical professionals, and can only take the reports at face value, so if these are poor, inaccurate, and completed by unqualified people, they will make poor decisions.

FlowerPower62 profile image
FlowerPower62

That video was terrible, it was like something off TV, namely I, Daniel Blake, I think it was called. Appalling. If anyone here is having trouble getting PIP and they are in reach of Liverpool, you should really ask the Brain Charity for help, they were brilliant. I don't believe we'd have got it without them.

Skallagrigg profile image
Skallagrigg

I literally have just gone through PIP for my son, got his award letter this week, it's took 4 months, they did a few phone calls and the lady was lovely obviously can't see my son as still in hospital, I was advised by her to apply for UC for him which I will ring up about next week

Braindeadhead profile image
Braindeadhead

I had a Capita home assessment for PIP because they agreed it was too dangerous for me to attend a testing centre. I actually died during my assessment. I have an internal defibrillator that re-started my heart. My husband called an ambulance and I was blue lighted into A&E resus. The supposed nurse didn't know how to take my pulse or pute into the recovery position. I had complications with my heart establishing a proper pulse. Consequently the whole episode is what has given my my brain injury. I subsequently was refused PIP.

I have a rare genetic incurable heart defect I was born with I was given lifetime DLA but when PIP started had to re-apply because they said it was a different benefit. My heart problem is a lifetime one and will get more unstable as I get older. I was successful at getting PIP on a mandatory reconsideration but that is because my husband could provide evidence that the assessor report was inaccurate. And tbh I don't think they wanted me going to the new and the papers about it. We also filed complaints against Capita and DWP. That didn't go anywhere. They kept saying it was the other ones responsibility. I was given 10 years PIP so will have to go through the whole process again. I am not looking forward to it and am hoping I don't die again during the assessment. It was the stress of it that triggered my sudden cardiac arrest, which they already know I have hence the defibrillator and life time DLA. And I refuse to use their word 'award' like I've won some kind of prize. It is insulting

pinkvision profile image
pinkvision in reply to Braindeadhead

I also got the CAB to help, they were brilliant. They said that nearly everyone fails at the first attempt to get PIP or any other disability type benefit. The real decisions are made further down the line. May be an idea that next time you get help from an agency like the CAB or charity that deal with these issues. It may also be a good idea to find out if you have a 'communities solicitor' who can help getting the correct services for you from the health and local government institutions. Glad you got it sorted in the end.

Braindeadhead profile image
Braindeadhead in reply to pinkvision

CAB wrote my initial PIP application form. I don't think the person had written one before as it missed all the problems I have that meet the PIP descriptors. It totally missed the point and was a weak application. I guess it depends on the person dealing with it because CAB are usually very good. My husband helped me to re-write it and did a better job. Silly BI and memory, I now remember after the SCA during my PIP assessment I was given 3 years PIP following mandatory reconsideration. I had to re-apply for PIP to add the brain injury they gave me, and requested it be done as a desk exercise considering they were responsible for my brain injury, and that it was a very real risk to my life to have any other kind of assessment. This they did, and as usual rejected my claim. I went through mandatory reconsideration. That was when I was given PIP for 10 years. I am lucky that my husband has a PhD in science and is used to writing research papers and precisely zoning in on relevant facts. He is fantastic at completing everything on my behalf because I am now no longer capable of doing it along with most things in life.

Painny profile image
Painny

Very interesting read and mind blowing! The pip system need an overhaul including the law around disability

teresa12 profile image
teresa12

My hubby finally got pips after waiting nearly 6 months he was turned down first back in May I phoned them to complain that he had stroke get care in 4 times a day can't walk can't use toilet can't wash himself ect they still said no to him. I finally had to get my local MP to help us and it worked finally got something

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