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AIBU?

This isn’t fair, this is fucking evil.

317 replies

MrsWrex · 27/10/2017 08:59

My wife has had her pip reassessment reduced because of one point.

Her condition hasn’t changed one bit, we have letters from various professionals stating this. Some assessor that knows jack about her condition has stated she has no problems with communication at all because she ‘sounded intelligent’ (yes, that is written in the reply letter, apparently you can’t have autism if you sound intelligent)

You can’t even get a diagnosis of autism without some glaring problems with communication.

Sorry, just needed to vent. Can’t do it at home as dw is stressed enough as it is. I’ve been trying to get her to stop adding up how much this is going to affect us. Dd has been diagnosed with autism too, I just feel terrified for them both in the future.

I’ve called up for a mandatory reconsideration, I am fairly certain we’ve got enough evidence to win a tribunal. This system just seems to be designed to stress us as much as possible, it’s wrong.

OP posts:
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User843022 · 27/10/2017 20:06

'I was asked why I hadn't killed myself yet if I was in that much pain.'

What?? Really these twats should be sued for gross misconduct, that is just obviously a shocking and offensive thing to say.

If there's any atos assessors or atos 'managers' reading this, seriously you should be ashamed of yourselves. Get some training fgs.

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ProfessorCat · 27/10/2017 20:23

Ha, that was just scratching the surface. My first report made for a very interesting read. It was so ludicrous it was in the press and the assessor was sacked. I had to have a second assessment which was very different.

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User843022 · 27/10/2017 20:28

Really? I would love to get my friends assessor sacked, he didnt know his arse from his elbow. An occupational therapist who seemingly had no clue on the respiratory system.

I'll help her at tribunal then all being well if she's successful we'll name and shame him in the local press.

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TammyswansonTwo · 28/10/2017 00:05

The government themselves state that disability benefit fraud is 0.5%. That's it. That's why they're spending far more money than they can recoup, and why they're making the lives of the most vulnerable people as miserable as possible.

Compare that to tax evasion. £30bn uncollected every year. If you're worried about fraud, how about be fucking start there? Would cover the entire tax credits bill for a start.

Anyone who has ever claimed disability benefits (or tried) knows that there aren't huge numbers of fraudulent claims because it's damn near impossible to get when you are legit. There's just no way. There are easier ways to exploit the system, frankly. JSA is a massive issue so why are they picking on the disabled first? Because many can't fight back. It's a disgrace.

I'm stunned when people are blasé about this - this could happen to anyone, any time. Do you have any idea what it's like to be clinging to your job by the skin of your teeth, already having insisted on every possible reasonable adjustment and still not coping, knowing that soon you'll be unable to continue and have little to no hope of getting assistance? What do you do when you have a condition so variable that you could be fine for a week and then bed bound for three? Would you hire someone like that?

These assessments focus on whether it's theoretically possible for someone to do an imaginary idealised job but not whether they can actually work. It's a complete farce.

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JonSnowsWife · 28/10/2017 06:54

There is quite a lot of inaccurate info on this thread

What info is inaccurate @lazymum99?

You can take 13 weeks sick while on JSA so can put a sick note n straight away. Check the Rightsnet website.

You absolutely can not do this. If a sick note is longer than two weeks you are no longer eligible for JSA. The whole purpose of JSA is that you are available for work. Yes there are special circumstances where the Advisors will help you but if your sick note is over two weeks then you have to claim something else most of the time.

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LakieLady · 28/10/2017 06:59

Sorry, JonSnowsWife, but that's wrong - you absolutely can get JSA for up to 13 weeks if you're ill. It's not a right, but is at the discretion of the DWP but plenty of people do get it, I sorted that for a client only the other week.

You can also get an "easement" (DWP speak for waiving the job-seeking agreement) for up to 13 weeks if you're homeless.

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JonSnowsWife · 28/10/2017 07:20

That must have changed recently then. When I was on ESA myself a good few years back it was because the GP had given me a sick note for a month and the JSA Advisor told me that because it was longer than two weeks I could no longer claim.

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DressedCrab · 28/10/2017 07:29

I have a friend waiting for the result of an appeal and she's very frightened about what will happen if she's turned down. She was noted as being able to do things that she wasn't asked about - how can that be fair?

What really, really annoys me is that there are some people who work the system and brag about it but they are so genned up that they never get caught. While my friend worries about having enough money for food.

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HadronCollider · 28/10/2017 07:59

Has that always been the case LakieLady? Years ago I had my JSA suspended because I had a hernia operation and needed 3 weeks to recover. Was told to claim ESA as was not available to work, which I didn't as they made it a huge hassle I couldn't cope with.

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AlmostAJillSandwich · 28/10/2017 08:04

ive just been assessed myself and got standard for daily living and nothing for mibility, despite being housebound without a lot of help from my dad, and if they had scored me fairly id be on enhanced race not standard for living. It's 30 a week difference and i realy cant decide to ask for mandatory or not as it took them 12 weeks to make the decision and im honestly scared theyll mark me down elsewhere to stop me getting enhanced or could take it off me altogther if someone assesses differntly

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LakieLady · 28/10/2017 08:13

Hadron, it was changed because people who were found fit for work and lost their ESA were then told that they were too ill for JSA and had no money at all.

Now, they can claim JSA and if they appeal, they can get their ESA reinstated once they submit their appeal papers to the tribunal service.

We're finding that where the DWP take more than 13 weeks to issue a mandatory reconsideration decision, which means the client can't appeal and has to spend more than 13 weeks on JSA, the job centres are setting minimal requirements for jobseeking if people still have medical certificates. One of my clients only has to look online for one hour a fortnight.

They seem to be a lot less draconian than they used to be, thank god.

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FuckitAndStartAgain · 28/10/2017 08:56

So sad to read these tales 😞
I got 6 (Care) and 4 (mob) points. I was told by two separate DWP employees that I had the extra time I needed to provide evidence for MR. I had their names etc. The MR was done despite this and turned down. I telephoned and the Case Manager treated me like a liar, he did not know the people I spoke to and there were no notes on their system. I had to go straight to Tribunal, currently trying to prepare for that.
The Assessor told frank lies in her report, I did not record but would always do so in future. I did have a friend with me and she is will to provide evidence.
My evidence for Tribunal so far consists of 34 pages explaining where the Assessor was inaccurate or fabricated evidence. The deadline is next week and I am so wound up about it all I am steadily becoming more incoherent. I joined a group who would help for a fee, that fee turned out to be the start of further fees that I can not afford. I really have no idea if I am giving the information needed, and I have worked in NHS and other public services since the early 80s!

I will be complaining to DWP (will do SAR request first), Atos and the professional body of the paramedic. As a registered HCP I believe we should use the Professional bodies to weed out the liars.

It is sad, everywhere I turn now people are struggling, distressed and even ill as a result of our Welfare systems. Please if you are in this position do not believe everything you read is accurate, even here. Don’t even believe DWP employees. Record everything and use CAB, Benefits and Work, disabilityrights uk seems sound, misinformation abounds even among people who genuinely want to help applicants.

Please consider making a complaint about the HCP if appropriate, the website is pretty user friendly www.hpc-uk.org/complaints/

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JonSnowsWife · 28/10/2017 09:29

AlmostaJillSandwich please do the MR. Even if it does take that long, if you win you will get it all (the enhanced part etc) backdated.

Good luck. Flowers

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JonSnowsWife · 28/10/2017 09:32

FuckItAndStartAgain have you got welfare rights near you? They're free and most are very helpful (some not so bit that's not their fault, they're just working with a very heavy workload). I know its a bit short notice but you could ring and ask if anyone is available. Depends how many appeals are being held in your area at the time as to how busy they are.

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User843022 · 28/10/2017 10:11

fuckit it makes me so angry to read reports like yours. Some seem to think we're all making things up and if we accuse them of lying it's as if we've been caught out.

It is incompetence, utter incompetence. As said earlier 65% success rate at tribunal proves many of these assessors just don't have the knowledge and experience to assess people adequately.

Once my friends MR and tribunal is over I too will put in a complaint to atos, DWP and our local mp and prove quite clearly the terminology the 'hcp' used on my friends report not only is incorrect but it medically doesn't make sense. I imagine the effect on claimants with stress and illness and consequent gp appointments etc costs the system far more than they 'save'. Urgh. All so very depressing.

Good luck though, keep fighting for what you are entitled to Flowers

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HadronCollider · 28/10/2017 10:29

Thanks for explaining lakie. Sounds a huge improvement. In my case I gave up trying to get any money and ended up 6 months with nothing. I could have fought but just hated how depressed it was making me. Glad to hear they've closed that loophole.

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FuckitAndStartAgain · 28/10/2017 10:42

Jonsnows, no welfare rights group. I live in a nice rich area where people don’t need benefits! Thanks for support tho, just trying to muster the energy to start my day and get on with it!

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FuckitAndStartAgain · 28/10/2017 10:49

Myrtle, yes I feel a fraud. And useless. The system is a horrible place to be in.
Some of the lies are straightforward, eg she could assess how many degrees of movement I had in my right foot in every direction, despite it being in a surgical boot. She also absolutely ignored problems with my arm and stated it was fine, despite a ten year history of difficulties and treatments and a three level fusion of neck planned, but after I have had another spinal fusion for my lower back in January. She also reported I could not be faecally incontinent as Imodium works, I don’t think taking it ALL the time to prevent any bowel movements is really a good plan!
I was using a knee scooter following foot surgery and she was told I would start walking a little the following week. She witnessed me scoot but uttterly neglected that the following week I would be back to walking a few steps before pain forces a rest.
Loads more...you can see why I have written so much. I just hope someone reads it.

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Gottagetmoving · 28/10/2017 11:04

I wonder how much money is spent by this government trying to get out of paying benefits.

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User843022 · 28/10/2017 11:07

'yes I feel a fraud. And useless. '

What we have to do is throw it back at them. The assessors are incompetent. High success rate at tribunal corroborates that. I really do support assessments and understand the need, but in my example my friend who has dysphasia now/can't speak, but had to go to an assessment, to then read she doesn't need support to engage socially is just crazy. If she didn't, why was I sat there answering the questions as she couldn't. Idiots.

Honestly we need to harness the anger and indignation and throw it back at them. They seem to expect people will just accept their incompetence because they're just feel too vulnerable and too exhausted to fight.

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mollibu · 28/10/2017 11:07

In my PIP assessment, they asked me to recite the alphabet backwards! .... I have a hip disability Hmm. I appealed and won, fingers crossed for you X

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PastysPrincess · 28/10/2017 11:49

I’m awaiting a Mandatory Reconsideration decision for my DS. He was denied DLA as they state he doesn’t need anymore looking after than any other three year old. It’s so frustrating because if he had DLA there is extra help we can access for his developmental needs (which is separate to the money he would be awarded) so hopefully as he grows up we can mitigate his problems. I feel time slipping away, the longer the MR goes on the less time we have to help him.

He is currently attending a specialist nursery that has a referral only admission policy. Your child has to have quite profound problems to get in and is run by the local authority but apparantly that doesn’t count as evidence.

When I rang to ask for Mandatory Reconsideration the person I spoke to said we couldn’t request it as we werent entitled to. Thankfully we have a support service helping us and they told us to write in instead.

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MrsPringles · 28/10/2017 13:05

YANBU

My husband has his stopped without much notice after a consultation with an assessor who had no idea what he was doing, we appealed against the decision and the panel decided it shouldn't have been stopped.

It was reinstated and back dated for the months he had missed.
Appeal OP, it's definitely worth it.

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LakieLady · 28/10/2017 13:38

My evidence for Tribunal so far consists of 34 pages explaining where the Assessor was inaccurate or fabricated evidence. The deadline is next week and I am so wound up about it all I am steadily becoming more incoherent.

As long as you get the basic grounds of appeal in by the deadline, you can submit additional evidence later on.

It's usually better to leave the full evidence until after you get the DWP's bundle of evidence. Then you can rebut every last word of it!

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LakieLady · 28/10/2017 13:43

If the assessing company had to bear the costs of any successful appeal, I wonder how much difference it would make to the inaccuracy of the reports?

If they lie get it wrong and the wrong decision is made because of that, they should pay imo.

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