Help! My PIP assessor lied about everything!

[adammylove]

Hi Please can someone give me some advice?
I submitted a PIP application after years of suffering from headaches, the assessor has given me 0 points for everything, even though I am not able to open my eyes or function for more than half of the week. I explained I am probably going to lose my job soon but they said I currently am holding down a job. They said I am able to drive, which is true, on the days I do not have a severe headache. I feel let down that the report provided to DWP is not a true reflection of what we discussed in the assessment. Is anyone else in this situation?
Thanks

OP

Just about everyone who applies for PIP is in the same situation. You need a mandatory reconsideration and then to go to appeal.

Mine stated I could walk because I can drive a car. My car had £1500 of adaptions so that I could drive with just my hands.

There is a very good section on the benefits and work website about driving a car being used as an excuse not to award points for other living activities as many people with considerable disabilities do drive cars either fully automatic, with support from another person or with adaptations, and the cognitive and some of the physical functions needed to drive such a car are very different to those needed for other daily living activities. For example very much washing and bathing, so myself and others working with disabled people are very much fighting against letting the DWP use and assume driving as meaning you do not have issues with other daily living activities and it is vital where appropriate to challenge the use of driving as a whitewash for the DWP. It is of course dependant on the individuals disability, needs and circumstances but extremely important not to allow driving to be used in this way.

I don't think you can see it like that. It's more like:

On day 1, can you prepare food, remembering that 'preparing food' means a simple meal for one using fresh ingredients (such as a cheese and tomato omelette)?
Can you take nutrition?
Do you need support to manage therapy? Can you wash and bathe?
Can you manage your toilet needs? Can you dress and undress? Can you communicate verbally? Can you read and understand symbols and signs? Engage with other people? Make budgeting decisions? Plan and follow a journey? Physically walk?

Then you have to consider that even on your bed bound day, presumably you are sipping water, even in small quantity? You are going to the toilet? You would be able to communicate that you are in pain?

Then, again, you need to consider each of the two recovery days and ask the questions all over again.

Then you need to consider how much of the day you experience the symptoms and if they are modified by your treatment.

I don't think that having headaches and dizziness, tiredness and lack of coordination is going to be enough to satisfy the descriptors.

I do understand. It sucks. I hate it. I'm between preventatives and am getting migraines on most days at the moment. The headache isn't the most disabling thing. It's the nausea, the brain fog, the lack of coordination, the dizziness.... It's horrible. But I don't think you will be able to get to the 50%.

Having read your last few posts, @adammylove have you considered getting an appointment with the National Migraine Clinic? It sounds like you need a full assessment of your migraines and a treatment plan.

It does get awarded first time, but it is a lottery, and most cases where the claimant is actually eligible don’t get awarded at the first stage in my experience.

You need evidence. The assessor didn’t take into account what you told them so provide them with proof.
One of my relatives had an MR and was awarded PIP. They provided hospital letters from the previous two years and asked the GP for a list of their conditions. The paperwork didn’t explicitly state they met the descriptors but provided proof of having conditions which cause difficulties.

Ask your GP for a letter stating your condition. Ask work for your attendance record, it sounds like you miss 2/3 days a week due to your condition. If you can afford it have a private consultation with a migraine specialist, you
could view that as an investment as their assessment could provide evidence to support your claim.

Are migraines classed as a disability?
To qualify as a disability, you've got to be able to prove that your migraines affect your ability to perform everyday work activities. It's not the only option, of course. There are some jobs that are much easier for people who suffer from chronic migraines to fit around their lives.
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How hard is it to get disability for migraines?
Here's the thing, though, before we get started: While you can apply for disability, it's very hard to be approved for it with migraine as the sole basis and it can take a long time to go through the process (we're talking months).
I have suffered chronic migrains scince 5 years old ( maybe earlier but my parents didn't know). I can remember banging my head on the playground floor and vomiting.
I was diagnosed age 10.. coincided with starting my periods.
I have had days off school/ work all my life.
I faint with them and wet myself. I've also had TIA's ( mini strokes) caused by migraines.
My hands / feet/ tongue go numb.. I've burnt my hands because l couldn't feel an hot pan on more than one occasion.
My tongue feels like it won't fit in my mouth.. I've been blue lighted to hospital with TIA's..
I cannot function .. l cannot speak.. l cannot see.. most of my body goes numb.
I've had understanding teachers and work bosses.
You CANNOT loose your job due to any disability.. it's the law and they can be taken to court.
There is medication for migrain.. there is other kinds of pain relief.. including botox and tens etc.
I was under the migrain clinic.. migrains are causes by a few things and most can be elicited.
Diet/ drink/ hormones ( by taking medication). I had to keep a diary...

Hormonal changes, specifically fluctuations and estrogen that can occur during menstrual periods, pregnancy and perimenopause can trigger a migraine attack. Other known triggers include certain medications, drinking alcohol, especially red wine, drinking too much caffeine, stress.. have you actually eliminated these?
I worked as an assessor..( ex nurse/ midwife) not one person l saw tried to claim PIP or DLA on migraines alone.
If you genuinely can't work.. you could try for ESA..but the assessment is still the same.
For PIP
First you need to see a migrain specialist.. and get medical evidence that it effects your every day life and you nerd help with almost every day to day task.
Find your nearest SCOPE centre.. they will help with forms/ tribunals.. even go with you.. ( it's free but they rely on donations). I worked all my life with debilitating and chronic Migrains.
Still have them now.
But honestly.. doubt you will be awarded it.
And you definitely will not be sacked.

Claiming PIP is nothing to do with whether you can work or not. They purely look at how your disability affects you in relation to the PIP descriptors - but then you would know that if you have been an assessor.
A work capability assessment is not exactly the same as a PIP assessment, it is assessing for a person's ability to work.

OP you sound very apathetic about your quality of life - I've been in similar dire straits, so know it is easy to become this way. Having the benefit of no chronic pain, if I was debilitated every week i wouldn't be in the situation of being told 3 years ago about a referral to the headache clinic, it never happening and not chasing up.

Go back to the gp.
Get an urgent referral to the headache clinic ( tell them you think you are about to lose your job)
Call the headache clinic get on the waiting list.
Call and call.
There are lots of things to try treatment wise.

I would focus your energies on this not your Pip- focusing on this will help you get your quality of life back which is the most valuable thing of all.

@Digestivechocolatebiscuit is that a copy and paste, or is it your own experience? Some of what you've written is factually incorrect. You can be dismissed from a job because of a disability, if all reasonable adjustments have been made and you can't perform your duties to a sufficient standard because of it.

In the UK, chronic migraine is covered as a disability.

I had this - I can barely walk and have lost a long-standing (no pun intended) job due to long-term sick leave which started when I went for a doctor's appointment on my day off and ended up being rushed into hospital straight from the surgery as an emergency case.
PIP assessor was seemingly lovely in the interview and very sympathetic at the parts where I broke down (very complex mix of mental and physical illnesses) - got the report and she scored me zero on everything and lied in the report.

Firstly you need to get a Mandatory Reconsideration and you also need to ask for a complete copy of the report if you haven't already done so.

Get as much evidence as you can and write your own counter-report using the descriptors and saying how you are affected and if you disagree with their comments, quote the comment and say why you disagree and say what you feel the descriptor really is and why.

If you fail on MR, then don't be afraid to take it to Tribunal - I had to and I finally won despite feeling the odds were against me - in honesty, I think the judge and the panel made their mind up as soon as they saw me (my PIP interviews had been over the phone with no phyiscal view) - do not give up because that is what PIP want you to do.

You CANNOT loose your job due to any disability.. it's the law and they can be taken to court.

People can and do lose their jobs due to poor health and needing lots of sick leave. They shouldn't lose their job but it happens and employers don't always get taken to court because they don't have the fight in them. Similar to how many disabled people can't face the appeal process for their benefits.

Some employers get rid before the disability is diagnosed which can take years, one of my health conditions took three years and another five.

My brother was threatened with formal warnings and put under disciplinary measures at work for the amount of sick leave his health conditions were causing him.

I lost my job because I was taking so much sick leave when my symptoms started, it was a job that I was very very good at until my health started going down the shitter and I became very unreliable, ny co workers had to scramble around and cover me and that caused resentment too, my physical and mental health was so poor at the time I didn't have any fight in me.I started getting legal advice but the stress of it made by health worse so I didn't pursue it.

It happens.

If you're not eating for 4 days a week have you lost a lot of weight, especially with the vomiting? If you are underweight or suffer from malnutrition which happens quickly if you vomit a lot, you could use that as evidence for not being able to eat. Get your GP to do some blood test to show your vitamin and mineral levels.

OP - I empathise, I had horrific migraines when I was younger which fortunately with neurology input are now down to 1 migraine / 3 days a month and I can function with them (although by function I mean minimum work, no driving, very limited screen and lots of lying in the dark with a fan on, I don't do more than the minimum).

From an assessment point of view (and forgive me, it's been some years since I assessed and I didn't do it for long). We need to think about the impact over 50% of the time. I understand an average week you have symptoms over 50% but they will affect you to different degrees. On the worst days you are bed bound and would struggle to stand long enough to cook, you could probably still physically feed yourself but would maybe need encouragement due to the nausea. Washing / dressing would likely be physically exhausting and cause pain on movement. I imagine you do manage to get up to use the toilet though?

But what happens on the other days? On the recovery days? How many days a week can you shower / do you change your clothes? How many days a week do you eat?

You are working full time (which doesn't disqualify you from PIP at all) but if you are averaging 4 days a week work or even 3 if I'm honest it would be really hard to evidence that over 50% of the time you are needing someone to help you. You'd be more likely I think to score if you've said you are using aids? So if over 50% of the time you are needing a perching stool because of dizziness or reminder aids for meds because you are a bit fuzzy, shower stool / bath chair / hand rails / sock aids to reduce the need to move your head when dressing / slip on shoes / dark glasses. You could use that alongside evidence of work adjustments like screen filters and breaks.

It's likely to be very difficult I think to get points for the more cognitive stuff like reading / managing money / planning a journey or the social things.

However, I haven't seen your application and my experience is old - the descriptor update often. I just thought it might be useful to share.

I assessed on the old DLA which didn't use point system...and not for long.. it was a very stressful job.

How many sick days have you had this year due to migraine? That would be well documented. I agree with a previous poster that if you are stumbling through the before and after days those days aren’t likely to register. The bar IS high because this is a safety net benefit for the most disabled. It sucks that anyone needs pip, and I think for the majority it really doesn’t cover much more than surviving.

Sick days aren't a reliable indicator. There were many, many days that I couldn't function as a nurse (dangerous) but I could get dressed and wash. To get points on any descriptor, you must satisfy the condition for it for more than 50% of the time.

PIP isn't about what is best for you in your circumstances, or what is most comfortable, or what you are able to do really, really, well. It's about what you can do and what you can't do, and what you can only do with support.

A lot of chronic migraine sufferers have to do things that they wouldn't choose to do on a given day. If I stopped every time I felt bad, I wouldn't do anything. The difficulty is that on many days you might feel terrible but you can, for at least half the day, do some of the PIP activities. It might be spread throughout the day, but it can be done.

But sick days are a “documented” indicator. I think OP is struggling with evidence of her level of difficulty. I also think she might be missing access to better treatment and possibly better accommodation at work.

Going back to what PIP is for, rather than how to claim or MR ...

How would you spend your PIP money OP? What difference would it make to your life. For instance do you need a carer, need someone to help you with dressing, pay someone to drive you.

This is where a lot PIP money gets spent.

That's irrelevant. PIP is not a budget for carers. It is a payment to recognise that life with a disability is more expensive. It can make up for reduced working hours, or a reduced ability to take a well paying job, etc.

Nobody's business what anyone spends their PIP on.

It's not relevant to application process though. It's not means tested and you don't have the tell anyone what you'd spend the money on. The award itself can unlock other types of support.

If the OP has averaged 3 or so sick days a week over the last three months then that could support her claim. It doesn’t show she can’t dress, cook etc on those days but does show she can’t complete some of her normal tasks due to migraines.

I’m not saying that disabled people claiming PIP can’t work, as the nature of people’s disabilities vary greatly, but the OPs migraines stop her from carrying out day to day activities for herself so in her case would stop her from being able to work.

I wasn't telling anyone what to do but having gone through the process, I can see why she may have been turned down. It's a payment to help with personal independence hence the name.

I also advised up thread earlier about how to answer the questions and definitely use the forum advised to join on here for advice.

So you're off the mark somewhat with my telling what to do.

Call it devils advocate to answer the questions that are put to OP.

It's not devil's advocate because it doesn't matter what the claimant spends it on. PIP is awarded for care and support required, not care and support received. It literally isn't a consideration in the process, so it makes no difference if the OP could list 100 things they may spend the money on, or none.