DLA to PIP the filthy tactics by the DWP : On the 18th... - NRAS

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DLA to PIP the filthy tactics by the DWP

shazbat profile image

On the 18th of this month I received my letter from the DWP about my previously indefinite award transfer from DLA to PIP. The letter was dated the 13th so 5 days already gone. I had lost my mobility car. I was devastated, I have had for the past 26 years severe RA, I'm stage 4 COPD, asthma and eczema. I spent several days crying then got my act together to go for manadatory consideration. My health care professionals were astounded. A week ago I phoned the DWP for a copy of the Assessors report because based on the DWP letter someone had lied seriously. So I wait a week no report. So I phone the DWP again this morning and explain it's been a week. Only to be told by someone that they are second class post and can take 10 days sometimes longer. But I could do my appeal over the phone ( everything they tell you not to do ) then they give me 28 days for further evidence. They are a disgrace I recorded the conversation and I'm seeing my MP later. I will state on the appeal that my assessors report was withheld unreasonably. I worked for 42 years with my disabilities, I am not a scrounged. I will post everywhere about what they are doing to people and will ask my MP to raise again this issue in parliament. They need to know the filthy tricks this government and the DWP are playing with people's lives.

45 Replies

I'm sure you will, but keep hammering away at them with lots of evidence. Keep us informed of how you get on.

Hi Shazbat, this is truely disgusting treatment, going via your MP is the right way to tackle this. It has just become a cultural thing now to be hard on benefit claimants whatever their circumstances and this culture is clearly apparent when you speak to DWP personnel. You surely have enough to deal with in terms of your health problems without the added distress from this, I don't necessarily believe in the "Claim Culture" but I think in cases like this you should be financially compensated for the unnecessary suffering they have caused you. I understand the feeling of helplessness when you are dealing with a behemoth like the DWP so get your MP involved. Good Luck

Good luck. It's awful we need to fight like this for help that is supposed to be there for us. Good luck bats.

Disgusting !!! And the stress it’s causing you 😡🤬

shazbat profile image
shazbat in reply to Doughnut61

Ty Doughnut, I have never been soft but I feel sick and they are doing everything to stop me appealing in writing. Both specialists are sending reports my GP is clarifying some these they have claimed in their letter. I need the assessors report because either she lied or they are manipulating what she wrote. So in the appeal just incase I need to go to a tribunal I will detail the dates and times I have sent for this report. How can it take 10 days or more for second class post. Plus I am seeing my MP so he can listen to the recording of the call with the DWP staff member.

AgedCrone profile image
AgedCrone in reply to shazbat

If you haven't already done so contact the CAB, they have solicitors who will get the assessors reports for you.

DWP Do not like being confronted by lawyers. Unfortunately a lot of MPs have no real grasp of the Benefits procedures (especially if in their former job they had no experience of Govt departments) & they can swallow what DWP tell them, whether it is right or not.

GoodLuck, I'm very sorry you are having such a stressful time.

Terrible I would complain and demand a 30 day extension.is there wellfair rights in your area they are good.lots of dla claims are getting this treatment .specially with your copd you should have got this .and they have not been taking your DLA records into consideration lots of cases .ask this also.there has been a rule change from dla high rate was upto 50 metres it is upto 20 metres pip now .and upto 50 metres for low rate .even if people can do 50 metres but not reapeat it you should get high rate .hope you have help if not try .wellfair rights through council are good.sorry to hear

Oh no, I am so sorry Shazbat, and soooooo angry on your behalf. This government is so cruel, but I do know that they have picked on the wrong person in you. Despite coping with all your disabilities, you have the strength of mind to use every legitimate way to challenge their preposterous decision. Recording your conversation with the DWP is a prime example of your ability to take them on. I have every confidence that you will expose the lies and double dealing that they use. I am sorry you have to fight like this, but I know that you will defeat them. Please do keep us posted.

On a personal note, despite the dreadful circumstances, it's so nice to hear from you again, I often wonder how you are getting on. You take care Mavis xxx

shazbat profile image
shazbat in reply to hatshepsut

Thank you my friend. Trust me this is war. I will certainly keep you all updated. Stay well Sharon x

Go for it - we’re all behind you! 😡

Nothing surprises me anymore with this Tory Government and the DWP both are an absolute disgrace , take them all the way good luck xxx

Totally agree pop, if they thought they could get away with it the batads would have us all on jobseekers allowance.

In the nicest possible way because I know how personal this is Sharon, you're yet another the DWP have failed, their incompetent agents choosing to show claimants in a better light than in reality. It's becoming ridiculous. I'm more sure than ever it's because they're target driven to influence the amount of claimants receiving what would otherwise amount to an appropriate award. I can't think of any other reason especially in your case.

I also had difficulties with the DWP, basically not telling the truth for months, this was only chasing the application form. It was only when a formal complaint was made I received a call to explain why there was such a long delay. This was 4 years ago for my initial application, I've since had a review & it couldn't have been more different.

I wish you all the best for your MR. I'm pleased you're involving your MP too, I understand from other's experiences it can make quite the difference. Keep us updated won't you?

shazbat profile image
shazbat in reply to nomoreheels

It's lovely to speak to old friends on here. I'm furious it's like they set you up to fail. The assessor was lovely I'm going to complain if I find out she lied. Do you know apparently I should be able to fasten my bra with an aid. Still looking for it because I will be amazed if there is an implement can get me in my size 48E bra and fasten the hundred hook and eyes at the back. It's lovely to hear from you and Angels- delight again. I will keep you updated. You take care x x

nomoreheels profile image
nomoreheels in reply to shazbat

It's lovely to see old friends too, but obviously preferably not with news such as yours. I really hope this is resolved, promptly too because the longer things like this go on the more upsetting it becomes. It's hellish being treated as liars basically really isn't it, I feel for you.

I hope you're keeping as well as you can expect Sharon & do let us know how things are going at each stage. x

shazbat profile image
shazbat in reply to nomoreheels

One thing I learned after when the assessor types something you are allowed to ask them to read it back. She said I cracked a joke, apparently that shows you are not fatigued. I have lived with this for over 30 years and apparently I'm not supposed to joke or smile. She asked me to do a few simple exercises told me i could refuse and it would have no impact on the assessment. In the report it says I did do some of the excercises and I actually declined some. NO it hurt so she told me to stop. But if it has no impact on the assessment why was the statement made about me declining. My GP and specialists are astounded. My COPD is grade 4, they said I just go for a routine check up every six months. Totally ignored that I breath at 54%. Actually when my GP what grade 4 meant I was terrified. They are disgraceful. I'm not going away, if I find out anything else I will let you know. You take care my friend and good luck x x

Hi Shazbat, sorry to hear you are going thro such a bad time. I find it disgusting what they are doing. I hope you're MP can help you. They are certainly messing with the wrong person in you. I am sure you will get things sorted, you don't need this on top of everything health wise you are going through.

I wish you luck, keep in touch and let me know how you get on.

All the very best my thoughts are with you.

Take care my friend, xx

Being controversial here but isn't it nice to know our caring PM was on the committee for NRAS .maybe still is. ...you really would think it would give her a fuller understanding if disabilities to influence the law.

shazbat profile image
shazbat in reply to allanah

Well as you know Allanah I have been through this. It stinks, some charities like the citizens advice are apparently receiving money to help if they stop knocking the government. Says a lot. X

Good for you for fighting back, shazbat. I truly hope that with your MP's support and your health professionals' extra evidence you get the correct decision very soon. You shouldn't be forced through all this extra stress and strain with your health conditions. You must be exhausted. Huge hugs

J

Morning everyone I received the report this morning and I'm livid I can see why they didnt want to send it. That women I thought was really nice ( the assessor) has not only omitted large parts of my answers but she has blatantly lied. What a disgusting excuse for a human being.

Sorry to hear do complain also it has been found out lately by an MP representing an MS sufferer the dwp change reports randomly (the next scandal to come out ) hope you get this sorted good luck

I decided to check the assessors credentials after reading some posts on another blog from a lady who was assessed by a " nurse " it was only when she wished to put a complaint in about the assessors report that she found she was not on registered on the nursing register. Apparently some of them are calling themselves a nurse i.e. Dental nurses, but there are some who are assessor nurses without ever being a fully qualified nurse. Or You can have a nurse who never worked in the field you are being assessed on. This report is appalling.

Hope you take this all the way.....I know you will. I am so lucky to be old enough to be able to stay on DLA. Even although I am on the middle rate for care, and probably entitled to the top rate, I am on top rate for mobility so havegot a mobility car, and I have no intention of asking for anything to rock the boat.There are so many people in your situation, deprived of their benefits, unable to feed themselves, losing their home, losing their car, because of lies and double dealing, and cruel legislation.

I really do not know how these people sleep at night. This government has betrayed working people, the disabled, and the children of this country.

Do take care, channel your anger into the best way to defeat these inhumane monsters.Remember you are only asking for what you are entitled to.

I'm with you in spirit. M xx

shazbat profile image
shazbat in reply to hatshepsut

Thank you so much my friend. I have 4 A4 pages full so far. I also found a high court legal ruling from January this year. The high Court ruled although DLA and Pip are different pieces of legislation. The high Court believes you have a right to ask under this precedent how Pip can be so different to a DLA award. I had same as you indefinitely. The DWP have to answer why the awards are so different. Take care my friend x

I've only just read of your experiences and am horrified at how you have been treated , no, MIS-treated. Like several others on here, I am too old to be moved onto PIP and depend on my motability car so much. Well done for getting to your MP and very best to you. x

Good luck with that!!! I was born with Spina Bifida and also have RA and Asthma, I was on DLA indefinite from a young age for both care and mobility but when it came to my pip assessment apparently I was miraculously well and my car and everything was taken away!!! I did a mandatory reconsideration and still no luck!!! I had medical evidence from the day of my birth to present day nearly 1000 pages of medical evidence and apparently it’s not good enough! I gave up! The whole system is a total joke, it’s based far too much on mental health now which makes a mockery of what the bloody benefit was bought in for in the first place. In no way shape or form am I saying mental health should miss out on it but I think they need 2 separate benefits for physical disabilities and one for mental disabilities! Hope you get some luck!

Hi Shazbat. I just saw your posts and was wondering how you were going on with the appeal. Apologies if you posted elsewhere about that as I missed some posts as I was having trouble getting on the site at times and posting too. I read your experiences with great sadness but kept the issues in my mind knowing I would be getting the changeover soon .. and here it is this week. Spoiled my weekend that arriving Saturday morning. I once had a horrible ATOS assessor who wasn't medically qualified and lied too about my capabilities. I appealled and was successful. She was a buffoon and told me to lay on a bed and raise my legs in the air. I couldn't get on it as it was high and she put me on a low chair and told me to get up. I was stuck and had to drag myself up via her desk and hurt and wrenched muscles and she said . . see you can get out of a chair!! Nothing to say with great difficulty and hurting her using the desk to drag herself up! Not at all. I still can't stand unaided unless a very high seat. She was an airhead to be blunt. My inflammation levels may have gone down on my med but I still have severe RA fatigue and still three hours morning stiffness which is weird but it has never gone! Also insomnia (haven't slept during the night for more than a period of two hours before waking up since 2015 making me so tired and I fall asleep often.) I can only do the things I do on my say so when I feel well enough and not keep up a daily routine of activity. I do have some good spells but they are never really consistent enough ... very hit and miss and have widespread old osteo damage but I will go to the assessment when it comes but not harm myself like I did before for the ATOS. How dare they mark against you for making a joke. Appalling. I won't be in any mood to joke with these people I am sure. Maybe having a straight face might go against you too! Hugs and hope you are sorted with your appeal. Dreading mine. xx

shazbat profile image
shazbat in reply to NeonkittyUK

Hi Neon I won very quickly at MR stage, I also learned a few things. Make sure you have someone with you who has a note pad. You are entitled to know what they are typing on the day. At my assessment she refused to accept any documents, if you are in same position and they refuse to accept the documents make sure they know that your noting that down because if necessary you will use it at any appeal. If I'm ever assessed again I will refuse the physical exercises they are not mandatory ask the question and they cannot impact on your assessment. According to My specialist what the assessor did in 2 minutes an MRI couldn't do in one hour. She stipulated about 20 different percentage flexibilities which was garbage. Don't smile or joke and answer their questions slowly and precisely. Get the person with you to make notes even if they can't detail everything it will let the assessor know your taking notes. And if they ask the question do you want the results of your last DLA award to be taken into consideration you must say yes. The reason is because in February last year 2018 a high court ruling stated although the criteria was different under DLA the award could not be ignored there must be a clear correlation between DLA and PIP. In my case 12 years ago I got DLA based on my acute conditions, those conditions always get worse. Over the 12 years those conditions had Become a lot worse. So how could they say my condition had improved to such an extent that I could now walk and do a full shop. I believe they now have to ask if you want your past DLA award to be taken into consideration.

Please let me know how it goes.

Sharon

NeonkittyUK profile image
NeonkittyUK in reply to shazbat

Hi Sharon, sorry to sound daft but what is MR? ?? review? I am glad you succeeded but not the hassles you've had and yes I appealed the ATOS assessment I failed and did so with the help of my doctor and rheumatologist. There should be no crime against being intelligent and bright but I DO think that goes against you and sure it did you too and you were pleasant and made a joke and that was taken as can't be in pain if she makes jokes! I have until end of April to submit my indication of my appiication for PIP so would think it will be a while before they send for me. How long does it usually take for them to interview you after you submit your application? Presume the send gthe tome of application pack out to you like a DLA one? Thank you I will certainly ask re my DLA to be taken into account and Lord nows how they think your acute conditions have improved. Beats me. I just found the PIP scoring assessment online and hand on heart I answered the questions for care and mobility and scored well over the minimum requirement on both. Do they ever take that into account as DLA did,and award it or do they now send for everyone regardless? I am seeing my doctor soon re a supporting letter and will also ask my rheumatologist. Both helped before re the ATOS decision. I am disgusted these people are not medically trained. Appalled. Thank you for your advice and no one is trying to fox anyone here and get something fraudulently. It is awful to be treated like you are dishonest. Hugs.

shazbat profile image
shazbat in reply to NeonkittyUK

Hi Neon you don't sound daft it's a minefield. I was transferring from 12 years on DLA to PIP. After the assessment and her lies They took away my mobility and kept me on middle rate care. When you appeal it first has to go before the DWP for Mandatory reconsideration. So I typed up 4 pages of why her information was incorrect. She had actually missed off my biologic injections. When you complete your forms you must explain in every way how it affects you. I explained in detail why I couldn't fasten my bra. I explained in detail how bending to put socks or tights or trousers on was impossible. It's not enough to say it. You must explain it. One of the main things she got wrong was the dates my conditions had started. I was born with some conditions but on her assessment she said they started in 2014 which was a date another condition started. They say they have half the information typed in when you get there. You have the right after she has typed out the response to ask her to tell you what you have typed.

There is a superb page on Facebook called 4UP they advise you every step of the way.

Please don't hesitate to ask me anything else. Take care

Sharon.

NeonkittyUK profile image
NeonkittyUK in reply to shazbat

Thank you Sharon. I have kept my previous appeal letter and consultant and doc’s letter of support and dla forms and detailed as you did, everything about my inabilities to do certain things such as dressing. (H*ll, I don’t even wear a bra when I’m bad with my shoulders, but put on a Lycra easy-stretch vest as it’s easier!). I have explained in detail these difficulties before .. impossibilities more like in being unable to put on socks pants trousers tights etc without help of pulling on with helping hand stick as my left hip is fused. I will be sure to include all the same things from the dla which have not changed for the better but actually deteriorated.) I have my doctor and consultant letters and the forms I completed the dla sent to me. I took copies of everything. Thank you for telling me about the 4U site. Most grateful. That woman should not have been allowed to assess you as she did a very poor job. An insult. So glad you fought it and succeeded, as I have before and will again I assure you. I’m very good at writing letters as you obviously were too and getting all the facts across that they messed up and forgot. When we know we are right it makes us pursue what is right. They put “ has a little stiffness in legs occasionally!” If only! Hmmm .. slight understatement! I will ask to know what they have typed too. I will let you know how it goes. Thanks so much again. X

I don't think MP's do much !! so would contact Watchdog or Panorama or Money Matters and even write to national newspaper. Bad publicity usually gets the word out and helps other people too. Best of luck and don't forget its vital not to just give up, don't get mad get your entitlement ! I now see you won thats great xxxxx

I will be appealling again like before with DLA if I get a refusal or a major negative change. I am not put off easily, No way.

Good luck with your application. Great tips from Shazbat. x

Thank you Hats. I am honest and intelligent but I think the intelligent went against me when I had that horrible ATOS review some years back. Yes, muchly grateful for Sharon's advice. My Hub wants to come with me with his trusty notebook and I was undecided but now I think he should.X

shazbat profile image
shazbat in reply to NeonkittyUK

You must take him don't let them win. Explain everything in detail why you can't fasten your bra. It must be done in detail. Bore them to death with details. Good luck

Sharon

NeonkittyUK profile image
NeonkittyUK in reply to shazbat

I certainly will and will be getting out my previous appeal correspondence this weekend!

shazbat profile image
shazbat in reply to medway-lady

Hi Medway

My MP wrote 2 fantastic letters, I was copied on both with the responses. He was brilliant.

Sharon

medway-lady profile image
medway-lady in reply to shazbat

I'm glad he did but not sure if it helps and our MP (umm-eeerrrrr woman) can barely string a coherant sentance together never mind write a letter. I suspect her aide does them. And she came to a meeting and referred to the village as being somewhere else. It was'nt a mistake she really believed that that the village was on a nearby island. Astonishing when looking at a huge proposed housing development that she did'nt know where it was being built. lol xx

So pleased that you beat them!! Well done.....I knew you could do it xx

shazbat profile image
shazbat in reply to hatshepsut

Thank you my friend good to hear from you. Hope your doing ok.

Shazbat. X

Hi Shazbat I had my pip assessment on the 7 of March I also suffer from Rheumatoid Arthritis and Osteoarthritis I have had to knee replacements in three years I have bad kidneys &high blood pressure I was on the enhanced rate and now I’m deeing put on standard rate and lose if my car

shazbat profile image
shazbat in reply to Jimbo64

Jimbo I'm so sorry to hear that. You must appeal. A large percentage of appeals succeed. Go through every answer. If they have lied or not put enough detail in do that. Join the Facebook page 4UP it's brilliant they will give you superb advice and good luck.

Shazbat

nomoreheels profile image
nomoreheels in reply to Jimbo64

Hiya Jimbo. Did you not contact the DWP to open a Mandatory Reconsideration request? You'll be out of time by now if not but if you haven't you can still contact them to see if you can have a copy of your PIP review report.

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