Re: Worrying news for ESA claimants converting from DLA to PIP.
The lad has his PIP Tribunal in a couple of hours.
In an old, hot, stuffy building undergoing major refurbishment. Others who have attended there said that sometimes the builders noise drowned-out what was being said, causing confusion and a bit of upset to both sides. Fingers crossed, it's been a long road to today. |
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It was obvious they were batting for us by the way they wheedled things out of the lad. But they said they will have to spend time conferring before making a decision that will stand with the DWP.
We have to wait for the brown envelope now. They didn't seem at all surprised by the blatant lies the assessor put in my son's report. But the chances of getting the assessor reprimanded or worse are zero to bugger all. The DWP have closed ranks. |
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Hope it works out for you Taf and the process doesn't cause you anymore worry.
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Hope you and your lad get the right decision. :tu:
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The Tribunal results have arrived.
From 2 points for daily living and 4 for mobility, therefore no PIP payments, they have awarded 8 points for daily living and 10 for mobility, so Standard Rate for both. Until February 2022. PHEW! If anyone else gets screwed by the ATOS-Capita-DWP system for PIP, I wholeheartedly suggest not giving up but forcing a tribunal. DWP now get the chance to block the tribunal decision. Arrears should paid to when his DLA stopped (21st February) but Carers Allowance can only be backdated 3 months. :cleader: :cleader: :cleader: :cleader: :cleader: :cleader: :cleader: |
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Great news Taff. :tu:
Just goes to show that there is a meaningful mechanism to review and correct bad decisions. |
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That must be a relief for you. |
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My dad was so upset he wasn't going to appeal, but the fact that his condition was treatable if he hadn't been dealt with by a bungling NHS doctor (with lots of history of it) and his doctor writing to DVLA to take away his PSV licence has made him angry enough to appeal. He was also upset when recently another retired couple he knows have had their assessment and kept their DLA, this couple spend most of the year at their villa in Spain (my father couldn't make that trip). Recently this couple were showing pictures of themselves at the top of Pen y fan, my father wouldn't be able to walk the length of the car park! |
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The first stage of the appeals process is to ask for a Mandatory Reconsideration. This is where the DWP are supposed to look at the case afresh and correct any bad decisions. However, it's been revealed that staff have been set targets to uphold the original decision. Therefore, in the majority of cases, a Mandatory Reconsideration will always uphold the original decision- a total waste of everybody's time. However, as Taf has found, the majority of appeals are won at tribunal. My own PIP is to be reassessed and because of the problems above, I've had to have the form completed by a lawyer specialising in benefit law. It really shouldn't be like this. |
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A clerk told me that my MR request letter was the most concise and accurate he had seen, and that it made the original award letter and assessor's report look like a pack of lies despite all the evidence they had. He said it was par for the course with Capita, but complaints by both claimants and bodies like CAB were being rebuffed as soon as they were raised.
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IT is disgraceful how some people are being treated a friend of mine who has severe mental health problems ,lost her DLA for a year before she was sent for waiting for PIP assessment, she was then granted it for 3 years but the year she waited was included in this ,which she got back money. This was last year then they asked her to go in front of a nurse to see if she can work that was 3 months ago and she is waiting the outcome. They say they can call them in at anytime, No wonder she has mental health issues and depression, I know there are plenty Dodgers on the books who just want to take money all the time and have nothing wrong with them, but it is the people who need the care most that get knocked about .
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Lone parents with children under two have won a court battle to prevent them being affected by the Benefit Cap. The Government says it will appeal.
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If perfectly able people didn't abuse the system, there'd be no need or justification for checks and assessments. Just because some people claim to be disabled doesn't mean they are. Maybe those folks who're angry about assessments ought to also to be angry about the serial malingerers and cheats we all know exist. They are the reason genuine people are made to jump through hoops to claim benefits and shame on them not the people who're trying to prevent the abuse.
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The Governments own figures believe that there is less than half a percent of fraud within the DLA/PIP system.
Nevertheless, there is nothing wrong with taking steps that the correct amount of money is going to the right people. The way to do this isn't by letting private companies milk the taxpayer for shoddy assessments that aren't fit for purpose, repeatedly testing and retesting people like your son who will never get better etc etc. Perhaps we ought to repeatedly check MP expense claims again and again. |
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A person I know on a PIP related forum was told her assessment was going to be recorded by DWP-Capita. Normally you have to provide your own equipment, ensure the assessor is willing to be recorded, and hand one copy to the assessor at the end of the session.
But this session was recorded without the assessor's knowledge. The assessor gave a very bad report, the recording was checked and played to him/her, and the whole report changed to reflect reality, not the lies, omissions and incorrect assumptions she/he had made. Will this tactic be repeated to keep the assessors truthful? They won't say... |
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great news taf :)
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How about we kill two birds with one stone we cease using these thoroughly discredited and completely ineffectual private company's to do the assessments and hand them over to the NHS who then charge the DWP a fee for each assessment. NHS gets more cash and the DWP gets a true report on a persons illness and effects on daily life so has to spend less time and resources cleaning up the mess the private company's constantly make. Only reason i can see the DWP wouldn't want this is because they couldn't issue quotas to NHS doctors as they do to the current company's though yes i know officially the DWP doesn't have quotas to be failed but unofficially everyone knows they do.
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Also how can ministers offload government money to private individuals without outsourcing? The absolute biggest weakness of the assessment system is how the DWP and the NHS dont work together. Even if consultant names are supplied they are rarely contacted by the DWP. |
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Because NHS consultants give honest reports that don't make it easy for the DWP to maintain it's quotas also there is little pressure the DWP can bring to bear on a well regarded consultant without serious pushback from the other consultants. Despite all the official denials on a quota system operating within the DWP countless former employees and hacked emails have bought the truth to light. I'm like 99% of people in that i want fraudsters found and severely punished ideally with custodial sentences but that's not what is happening under the current system perversely the fraudsters actually prosper within this system. They get to know it inside and out not having the distractions genuine claimants have like pain, mobility issues, psychological problems and just the physical limitations that come from a genuine condition.
I don't have all the answers but the fact we have a state health system that treats people with medical conditions but has no official role in the assessment process for health related benefits speaks volumes about the governments real agenda in all this. I'm fortunate that i deal with four consultants all of whom have volunteered to help in anyway they can with the DWP should i need it but not everyone is so fortunate and they shouldn't have to be fortunate as their consultants should be involved in any assessment process. |
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The problem is that doctors aren't really there to challenge what patients tell them about their conditions and how they are affected by them. Now in many cases those things may be obvious and undeniable but in others they may not be so the consultant would be put in a difficult situation if he/she was at odds with what the patient was claiming and I'm not sure they would appreciate that extra responsibility and any adverse effects on their doctor/patient relationships. :shrug: Doctors do need to be involved in the assessment process where there's a medical issue but I'm not sure they should be the ones who're treating the people in question even though they clearly would need to have access to any relevant reports etc from the claimant's doctor(s). It's a really difficult problem. :confused:
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The simple fact that the ATOS / Capita "medical professionals" who carry out the very short assessments (less than an hour) are usually paramedics, physiotherapists or young nurses shows how the system is being rigged to deny applicants the aid they deserve.
At least at tribunal you get a proper time-served doctor, a disability specialist and an unbiased serving judge. But not for long, as moves are afoot again to move everything online with DWP-paid tribunal panels. |
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ATOS / Capita "so called medical professionals" could diagnose the common cold. |
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Opps. :o: Yes I did mean "could not" |
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Most people with longterm illnesses are under at least one consultant and that consultant will be convinced beyond a reasonable doubt that the patient both has and is affected by a condition and are happy to support those patients. Whilst GP's may not have the time to categorically confirm a condition for the sake of expedience that is rarely the case with consultant's who don't keep people on their lists if they do not believe and have medical evidence to support a condition. As I've said before even when a specific diagnosis may not be possible they have the means to confirm a problem exists, my experience is that consultant's are happy to give information on their patients even if the DWP don't bother asking for it.
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My consultant was happy to give a report and my GP wrote a letter of support stating my medical condition and how this affects my every day tasks she said something as simple as going on a bus/train is difficult to someone with my medical condition, she listed all my medication and she even put at the bottom of the letter giving the medical evidence it would not be unreasonable for a home visit to be granted to my patient Mrs xxxxx giving the supporting medical evidence. I do not know what the hospital report said but I suspect it confirmed what my GP had written.
I think that both the consultants report and my GPs letter helped a great deal with my claim regarding PIP as I was awarded more than I claimed for plus I got a home visit. I know that I was lucky getting a letter of support from my GP as some GPs charge for these letters or simply refuse to give one. |
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A letter arrived today asking if the lad had been in prison / hospital / abroad recently, and if his bank details were the same. That means PIP is on its way, but at what levels?
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Glad you got it sorted Taf and while i know you won't relax totally try just a bit.
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Well Taf on the plus side you have your boy's file that you can use and show to the relevant parties in the hope that they will be more understanding your daughter's needs. I really hope and pray they will be more understanding and you and your daughter this time around therefore with a bit of luck your family will not need to go through all the past stress again.
One can hope anyway. |
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Sorry to hear that Taf but i hope things will go easier for you living on benefits these days is anything but a life of leisure not only do you have to endure and adapt as best you can to your medical conditions but living with the constant stress of the assessments takes a mental toll. Can only wish you the best and hope it doesn't get too tough for you meaningless as that is practically.
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As a result they want to scrap personal tribunals (where appellants generally do better) and remove the disability specialist. |
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Not. ---------- Post added at 18:02 ---------- Previous post was at 17:57 ---------- Quote:
The problem is, that there are so many people abusing the system. The issue is how to get the balance right. I would not wish any genuine claimant to lose out, but we do need to stop paying out taxpayer's money to those who are claiming under false pretences. |
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Unlike ATOS and Capita that make unjust decisions to keep to the DWP plan of cutting benefits for the majority. ATOS and Capita receive funding to pay for the sourcing medical-expert evidence, but they don't do it, preferring that the claimant pays the bill. |
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If Channel 4 and others have no difficulty in exposing these people, how on earth can you come to the conclusion that this is not a widespread problem? I have nothing but contempt for these people, because not only is my money being used to support these people - criminals - but also, they are making untold problems for genuine claimants, who ard looked upon with suspicion. The government needs to be one step ahead of the criminals and not let the odd mistake shake tbeir resolve. |
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If a GP did complete ESA113 for any claim, you get a copy if you take it to tribunal. PIP is not about what is wrong with you, but how it affects your life. This is where many people who previously had DLA fall down when applying for PIP. Even though the questions are basically the same, it's how the assessor/DWP consider their weight in your life. |
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I think the Government don't trust the GPs to give a true opinion. You hear stories of patients insisting on being prescribed anti-biotics, and the GPS just do it because they don't want any unpleasantness.
When trust breaks down between the government and the professionals, they tend to take sledgehammers to crack nuts. If only people would do their jobs properly! Or maybe I am being old fashioned! (Agreement not required) :erm: ---------- Post added at 20:55 ---------- Previous post was at 20:51 ---------- Quote:
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It would be nice if the Govt. ran a campaign to alert those that should be claiming benefits, but don't. There are far more of these than those cheating the system.
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Fraud is a big problem in this area, but unfortunately, this has resulted in genuine claimants having to jump through hoops to receive their entitlements. |
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https://www.gov.uk/government/news/b...-at-record-low |
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would it sound better if it was on the side of a bus ;) benefit fraud stands at £1.3 billion |
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I think you are making fraudulent claims to with your figures btw |
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And I'm not trying to hide anything, just putting it into context. |
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The fraud figures are for proven or provable fraud. What is actually going on is a different matter. You only have to look at benefit programmes on TV to see so many that are very able, but are still claiming benefits.
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putting the fluffy bunny approach to it by saying it's only 0.8% doesn't change the fact that it's in the £billions, if i wrote it on the side of a bus would that spark some interest ;) just think what the NHS could do with £1.3 billion |
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========================== Fraud is common within the benefits system sadly whether it be making entirely false claims for benefits or failing to notify changes of circumstances etc. Inevitably the genuine are then required to jump through additional hurdles to claim and retain what they're fully entitled to. It's all very well some people saying we should, effectively, turn a blind eye to fraud but if we do that the amount of fraud in the system will increase and that is also depriving genuine claimants of much needed resources. At some point we have to try to put a stop to it and yes that will mean perfectly decent, needy, people having to be more thoroughly assessed and go through appeals. |
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All parties bribe whoever they are but opinions differ depending on ones political leanings..:) |
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In the case of benefits we need to spend what money is allocated as wisely as possible, not just allow billions to be wasted when that money ought to be going to the genuine. |
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The crackdown on the fiddling gits will continue. 1.3 billion handouts is too much for decent, hardworking taxpayers to bear.
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