I can no longer work and had to give my job up due to my many disabilities that I have. I receive Personal Independence Payment and Employment and Support Allowance. Today I received a phone call to tell me that I can no longer get Employment and Support Allowance. I received nil points and I had to get 15 points to qualify for it. I saw a hand specialist today and even she said that it would be impossible to work due to not being able to use my hands. I don't know what type of job I can get when I can't use my hands or stay on my feet for too long. I have Arthritis in my big toe due to walking on it because I broke my ankle/foot 4 years ago and I didn't get the correct treatment by the NHS. I was expected to walk on it. So now I walk with a limp and I have developed Complex Regional Pain Syndrome. Which I cannot take any pain killers due to being allergic to them, only paracetamol which is a waste of time. I also have Carpal Tunnel Syndrome in both of my hands, Arthritis in my fingers and Tensynovitis in both of my thumbs, and the decision maker who has never saw me has said that I am fit to work. Good luck in finding me a job because once I tell them in the application form of my many illnesses who is going to employ me? I have lost a lot of money because they stopped it from today. I can ask for it to be looked at again which is a waste of time because I have done this for a previous benefit and went to tribunal with no luck so I don't want to have to do this again and the stress that it will cause me as well. Why is it always at Christmas when people get bad news like this? Isn't life hard at the moment without this added pressure. If I was a scrounger which I am definitely not, I have always worked for a living then I would understand. Has anyone else had this type of problem and could someone advise me on what to do next? at present I am going to contact Citizens advice to see if they can help me? Thank you in advance and for reading my lengthy post.
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Imagine1
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Aww thank you. I know that when I appealed a few years ago for the same benefit I was refused and then when it went to Tribunal, two toffee nosed snobs who had never seen me before also refused saying that the original outcome was right and i thought that they were independent. At that time they would have owed me thousands of pounds in backdated benefit and there was no way that they would have give me that back. xx
Aww thank you for your advice. I will do the appeal. It is just so frustrating having to go through all this again and it took a full year from the decision to the appeal to the tribunal and in the meantime I have no money and the stress that it causes too. Does some one from Welfare rights help out and possible come to the tribunal with me?
Hi , yes I had a lovely man from Welfare Rights who met me at the tribunal & represented me . He was a barrister & really did run rings round them. I know it takes a very long time & you don't get any money but if the decision is overturned , they do back date your payments . Mine took well over a year but I'm so glad I persevered now xx
Aww I am so glad that you succeeded in getting your benefit, what I worry about is having no money NOW. It is great that it is backdated but how am I supposed to live now. When I appealed last time it took over a year and I still couldn't get my benefit. Did you see the barrister before the tribunal and how did you manage to find him? did it cost you any money with him representing you? x
Hi , got in touch with ChristineRees mp@parliament.uk , she the head of department, my daughter explained everything and she wrote a letter on my behalf, her office is in Neath , she's worth looking up as she sorted everything for me, good luck as it's bad enough struggling to get through the day without people disbelieving you big hugs x
Very much agree with those who say do appeal, I did and got well over £1000 back money as well as the benefit going forward. The website benefitsandwork.co.uk/ was extremely helpful but I know Citizens Advice are great too.
I looked at benefits and work and I didn't know that I would have to pay to use this service? I have been in touch with Citizens Advice, they have helped me before with an employment issue that I had and I succeeded with it. x
it’s good to hear the messages encouraging you to persevere and go to tribunal. I have just requested a mandatory reconsideration of my PIP award and this week received a phone call from the decision maker who now has my case. I had a text to inform me of the call less than 5 minutes before she made the call. When I declined to engage about the details/reason for wanting my case to be reconsidered and advised her that she needed to read my detailed letter and report from my consultant, she became quite hostile, dismissive and intimidatory. I stood my ground but feel that she is unlikely to make a decision in my favour. I expect that I’ll appeal.
It’s good to hear that there are people out there who will support those of us who appeal.
Aww thank you, I am sick and tired of always having to appeal, it isn't my fault that I am disabled? the problem is DWP don't care about how ill a person is as long as they decline their benefit, they probably get a bonus if they decline so many people a day. It is so wrong. Not everyone are scroungers and liars, If I could work I would, I hate it when I don't. I just want my life back and get to do the things that I did before. It was the NHS that made me disabled, if I had got the correct treatment with one of my disabilities then I wouldn't be like I am today. I will definitely appeal though, they shouldn't be able to get away with treating people in this way. x
I have had the decision from my mandatory reconsideration and just over £1,500 paid into my bank account! I cannot believe it, I only requested the reconsideration on 11th October. It took me a full day to complete a detailed letter in which I identified and cross referenced each error/inconsistency/downright lie in the PA4, and a trip to the library to print off. Worth every ounce of effort!
Good luck with your case and don’t let the b******s get you down!
Aww that's fantastic news CreativeKitty, I just hope this happens for me. Even the person I phoned for the reconsideration said that I should be getting it. He said that he has not heard of anyone who got it and was then refused it. I had to do it over the phone because they wouldn't send me a form which I found strange because I would have wrote more things down, when I was talking on the phone to him I had to try to remember what they got wrong and it was difficult because I didn't have my paperwork with me. Thank you they certainly won't get me down. I never let things drop so they will be sick of me complaining. xx
Thanks Imagine1. They tried the same thing with me, they sent a text, which I didn’t see, only 5 minutes before they phoned me. I refused to discuss anything with them and insisted they read my letter. People really do need to stand their ground, easier said than done sometimes!
If they still won't give me my ESA back I will contact them again with a letter and more evidence which I have. The man I spoke to luckily was on my side and felt sorry for me and he said I will try my very best to get it back for you. It is weird how the doctor has said I am too ill to work, yet they say that I am not and to find a job. xx
Don’t give into them Imagine 1 , this is what they hope , from your detailed explanation, you should be getting ESA, that’s an excellent idea to go to Citizens Advice as they have trained staff, in sorting Benefit problems. Also there are some excellent online advice groups to help , I personally use “Benefits and Work “,which is an excellent site , where you can find all the advice you need about any Benefit, also help with sorting your Appeal, and plenty of reading of People who have been in a similar situation to you , and have gone on to win their appeals. Like with a lot of situations in life, it’s about knowing how to write and explaining your self (disability), there is also plenty of information on this on B&W site. This is so common that the Work and Pensions Department give nil points on People’s Assessments, and they go on to win their appeal, not everyone succeeds but you must try .After having some Education in filling in forms etc, you will hopefully feel more confident; it happened to myself, I got nil points and appealed with help and support and education ,support from your GP, and medical evidence are also important. Hope this has been alittle help , and the best of luck in your future.
Thank you for your reply, I looked into benefits and work and I noticed that I had to pay to use the service. I can't afford anything at the moment. The citizens advice has been in touch with me and they can help me. So at least I have someone on my side. The problem is that I have a new GP and they have never seen me before. I have moved house and district so I had to change a fantastic doctor that I had who would have helped me. The DWP sent off for my medical records and read them and still refused my benefit, even though it tells them in great detail of all the problems that I have.x
Hi there we have spoke before, to help you I went through this in my younger days with arthritis, you have taken the first step go and see the Citizens advice or a benefits adviser. Secondly make a new claim as soon as possible for entitlement to be reassessed. I didn't I went back to work they can't just stop benefit even if fit for work decision is made. Have they refused PIP because thats wrong too. Emphasise the mental stress this is causing you or ask for antidepressents for the pain.due to allergy to other painkillers. You need to have multi factoral matters taken into account and help to decide what work you might be able to do which I think might be quite limited, plus health and safety factors. I myself would appeal but appreciated your feelings as I felt the same . I had a letter from DWP saying I was unfit to work reveiw in three months, plus having a interveiwer say they don't employ people with arthritis. Your limp won't be taken into consideration unfortunately as many work with a limp but don't miss it off your health issues as its the pain that causes the limp and the limp impairs your walking & standing. Hand impediment is a very difficult one it prevents lots of activity but there are many ways to get round it , you could be trained to use a computer with speech imput no hands needed and we sit at computers. So take care or some bright spark might come up with a job. Offered to me was a cival servants job taking paperwork from one office to another but had to pass the equivalent of five o level tests , which I did pass. So I would say every best wish and take care. My daughter lost her care part of PIP when her husband died.
Thank you for your reply, I do remember speaking with you before. I have received the decision makers reasons for denying me the benefit, it is laughable, they have give me illnesses that I have never had, I think they have got me mixed up with someone else. They have also made things up that i didn't even say. I told her that all my disabilities have made me depressed which it would with anyone and because I haven't seen a mental health nurse or suicidal they have said that I am not depressed. I can't get an appointment with anyone, I can't even see a pain specialist because I am not in enough pain. OMG, They don't know me and what I am struggling with day to day. As for working, how many employers are going to employ me when I tell them about my disabilities, NONE, that's how many. I am going to take this further, they are not getting away with it. The lies they have said are shocking. They even said that I went on a walking holiday, I can't even walk far. LIES LIES and more LIES xx
thank you for reply, it sounds a familiar story, but believe me you will continue for years having to prove your health issues . I am retired now but they just treated my skin cancer as depression from a dermatology record from 2015. I have also had three broken femurs in the past according to certain records. Its a standard joke in my familybut it was not funny at the time, then when I was depressed from bereavement there was no help. So I appreciate what you are saying. Don't let it drop I didnt and everytime I proved them wrong the records had to be changed. I am with you all the way and admire your guts but it does not help our health just adds to the pain emotionally. Good luck.xx
Hi lmagine1 , the subscription for B&W is less, than £20 , surely you could find this some how ,it’s worth every penny. If you speak to Mr Donaldson , I can’t remember his first name , I’m sure he’ll let you pay the subscription even in instalments , you need help and support ASAP, else your mental state will suffer. Speak with your new GP , surely he will beable to help , the new Surgery will still have all your medical evidence on file. I know it’s difficult but sometimes you have to push yourself to do these things, but in the long run it’s for your peace of mind , else you’re going to suffer more in the long run, especially if you feel you haven’t had a fair hearing. As Katieoxo60 says you’ve got to have a good case now , or the DW&P , will think you can do alternative work, in the work place. Good luck, keep going .
Thank you Tim61, I received my decision on my ESA claim from the decision maker today and it was laughable. They put illnesses in that I don't have, missed out illnesses I do have. It looked as though they have got my details mixed up with someone else. They even said that I went on a walking holiday to Wales, How when I can't walk far without being in excessive pain, they said I can drive, I can't because I can't grip the steering wheel or put my foot down to change gears. There were so many mistakes too numerous to mention here. I contacted the helpline to get a reconsideration notice, it took nearly 2 hours to get through then an additional half an hour to tell the advisor the mistakes, I thought I would have got a form to fill in and send it back so I wasn't happy that I had to tell him everything over the phone. The advisor was really helpful though and felt sorry for me. He actually said he has never heard of anyone who doesn't get any points, especially with the disabilities that I have. He said he would try his very best to get the decision overturned. I am sick of all the stress this is causing already on top of all the other problems I have which are not health related. My luck has got to change sometime. Sorry for the long reply.
Have you any close friends, who could help with a call to W&PD, who could speak for you to insist that your assessment is not correct, and you want to fill in a another reconsideration notice ,as you feel you’ve been unfairly treated. I’ve found it’s best not to divulge too much to the W&PD receptionist, and put all the details on the reconsideration notice. You could write to your local MP , and explain your situation and ask for their support, sometimes they can help with cases. You said you’ve approached Citizens advice, one of their trained Benefits advisors may support you with a telephone call to the W&PD, to say how unfairly you’ve been treated, and to help fill in a reconsideration notice, you need to keep copies of any forms you send the W&PD , so as you say they are not telling the truth about your condition, you’ve got the evidence to prove they’ve got the details wrong. Sorry to keep saying it but you need someone to support you in what you hope to achieve. Good luck .
Thank you Tim61, I am a bit of a loner but I like it that way. I have a huge family but they don't want to know. I have a supportive husband and son who cares for me. I have put my reconsider notice in already and he was extremely helpful. This is what they are trained to do. I am going to see first what comes of that, I am not holding my breath though. If I have to go to tribunal yet again, I will take an advocate with me. It just isn't fair how I have been treated and the lies that they have said, and in the letter they have said I have said all this too them. I cannot walk far and stand on my feet for too long and they said that I said we went on a walking holiday to Wales. Laughable really when I struggle to walk. This is many lies that they have said.
Typical of the DWP to be once again attacking ' soft targets ' while ignoring the obvious layabouts and professionally unemployed. My advice is to devote all your time and energy towards fighting this decision in every way possible. Use Citizens Advice and search the web for case examples and tribunal outcomes that relate to your circumstances. Continuously pester the DWP with emails and appeals, let them realise you are not going to take this lying down. Good luck
Aww thank you NorthernBloke1. I am certainly not letting this drop, they shouldn't be able to get away with treating anyone like this. Like you said there are a lot of layabouts and professionally unemployed who know how to milk the system. I am certainly not one of them, but they class us as all the same.
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