DWP and a so called apology and my assessment... - Pain Concern

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DWP and a so called apology and my assessment copy

Liz62 profile image
18 Replies

Well on Saturday morning a large brown envelope landed through the letterbox. DWP has finally sent me the copy of my assessment carried out in May. They started out with their apology for me not receiving this document when I first asked for it. Hmm me wonders if it is because I threatened to involve my MP Well guess what I am still going to see my MP

Now I have got the report, I am going to take my time and go through it with a very fine tooth comb and dissect all the untruths that the HP wrote. Part of the report has totally ignored the chronic mesh pain that I suffer. Now I am sure if they had, had that information in the assessment the outcome would have had a different reading.

Can you imagine reading that pain that I suffer everyday is mild... I am fuming painkillers are the only way I can function through the day. Imagine a pain that has you so incapacitated that you are unable to move. And as many of you will know taking lots of painkillers makes your mind foggy and forgetful.

So now I have to build my case to be ready for the Tribunal.

Liz

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Liz62 profile image
Liz62
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18 Replies
Liz62 profile image
Liz62

oh I forgot to add my doctor said I am on the highest dose of pain relief and on maximum dosage

Poppy_Ann profile image
Poppy_Ann in reply to Liz62

Hi Liz,

Doctors say to many people that they are on the maximum dose that you can be on but when you speak to others you find out that you are not on the highest, which is due to each doctor decides what he/she will set as the highest level.

When you send in your request for an appeal send in a list of the questions you were asked and what your answers were and make sure it is easy to see the difference between your real answers and what their interviewer put down, also send in a copy of your medication showing what you have been taking for the last year or more if you have a copy as they always think that what you have put down is just what you have recently been put on and not that you have been on them for a long time, I sent them a full history of my medication and it showed the increase over the last 20 years proving that my disability was not something new but a long term problem and after I sent in that they put me on the highest level for mobility and the lower level for care and stated that they do not want to hear from me for 10 years as they have decided that I will never get any better but if my needs require more care then to let them know as they will then look again.

The more evidence you can send them the better your claim is dealt with.

Good luck with your claim.

regards Poppy Ann.

Redhots7 profile image
Redhots7 in reply to Liz62

You may need to add pain patch .

Good luck .with everything.have you a date for the tribunal?

Liz62 profile image
Liz62 in reply to

No date as yet, only just received letter from Tribunal acknowledging my intent. They send word to DWP telling them of my intent, and to give them chance of reply, which I will get a copy. So it could happen in a few months, as it all seems to have be moving fairly quickly

Bananas5 profile image
Bananas5

Good news it's finally landed. If that's the right words. Have you got someone with you for whe trinuna; comes along?

Still working out what 'mild' pain would be like.?

Pat x

Liz62 profile image
Liz62 in reply to Bananas5

I think I will be going to CAB or find out if there is an advocates that can help. I know what I want to say and am afraid I may forget something important.

Thing is I will have new medical reports to submit which will help my case as well.

Liz x

Alexann profile image
Alexann in reply to Liz62

Hi it's best to have someone with you my sons tribunal took a year for appointment to come by which time he had deteriorated .

The people at tribunal said they could see he had a lot more problems but could only discuss what he was like at the date of assessment . He did however win his case. That was last September, but I do know people are waiting up to a year for

Tribunal. Hope this helps Ann

Bananas5 profile image
Bananas5

Tell me -you have gone through the mandatory reconsideration haven't you?

x

Liz62 profile image
Liz62 in reply to Bananas5

yes I have. was turned down but the mandatory reconsideration contradicted the fist DM decision in parts. I shall be using this in my Tribunal

Such hoops we have to jump through. If only we could jump without pain. I wish you good luck and strength for your tribunal. I have my ESA WCA next week and I am dreading it and know it is already affecting my well being. Good luck Gentle hugs joolz.x

KymLadybear profile image
KymLadybear

It really is important to remember that the Tribunal will only consider the information provided at Assessment and Reconsideration and not between those dates and the Tribunal. My health had deteriorated between those dates but they were unable to consider that and i lost my Appeal. In fact I had provided a Diary of my day with all the assistance, pain, restrictions etc at the Recon sideration. Whether this was taken into account with them, I dont know but the doctor at the Tribunal said the date was beyond the Assessment date so not able to consider. At my Assessment the Assessor changed my mark of two for problems with hands etc to.....0....because I could open the lever door when I exited the room! Lever door...requires no grasping or holding....just push down with no restriction. How utterly stupid is that kind of assessment. :-( Rant over. Good luck with your Appeal. :-)

Liz62 profile image
Liz62

Thank you everyone. Sharing on here helps me vent and knowing that I am in the same boat and not alone is a comfort, albeit not one we want or would wish for anyone.

I am due to see my surgeon on the 25th with a view to see what can be done regarding my chronic mesh pain, I was hoping to submit the surgeon's report to the Tribunal, or can I send it to them before the hearing date ?

hugs Liz x

oouch profile image
oouch

Good luck with your tribunal I so get you on the untruths said about you in one of the DWP interrogations as that is what they seem like to me..... I had them saying that I could mow the lawn and clean the conservatory winds.....Impossible if I had them as I live in a FLAT on the top floor but at the time I was so depressed with it all I didnt even read the report....it was a few years later down the line that I came across what lies had been written about me and the untold issues like your self.....The DWP has a lot to learn about people with so called unseen health condition's we get categorize as lay about's who dont want to go to work....If only they knew or listened to what we are saying to the so called HP. I think many of us within this forum would be in a better mental state not worrying about the dreaded brown envelopes from the DWP. It takes me days to pluck up the courage to open them darn things.

in reply to oouch

Mine is sitting on the worktop I'm dreading opening it, I have so much on my foggy befuddled brain at the moment this letter is seriously the last thing I need .Part of me wishes I didn't need the financial support so I could just throw it in the bin.

oouch profile image
oouch in reply to

Awwwe Bless you I know that feeling and they always seems to arrive at ones door step when we could do without them..... I hope your day becomes a little brighter and your spirits are elevated to a nice space and place sending you a huge ((((((HUG))))))

Kind regards ooouch

healthylass profile image
healthylass

Good luck you are right to go through CAB or Money Matters are quite good if your local council has them. It is how you word the appeal that matter and they are usually quite good at wording these appeals.

When I first had surgery and was restricted to what I can do they refused my appeal first but went to appeal and won part of it. My GP contradicted himself which helped me in the appeal

Let us know how you get on.

johnsmith profile image
johnsmith

You need a copy of the 2015 disability hand book. You need to contact the specialist agencies which deal in this area.

Pain has no affect on the ability to work. If that was the case I would not be able to type stuff on this forum.

When I did my ESA assessment form I handed in 30 plus pages of typed A4.

The "2015 disability hand book" quotes the legal issues and this is what you need. What does the disability handbook say about being able to work safely. The specialist agency can help you with these issues.

The law keeps changing so what it said in last years disability handbook may be different in this years edition.

Hope this helps.

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