PIP - I GIVE UP

Hello

I very rarely post on the board but have been a member and using the guides for almost two years since applying for PIP as a continuation of DLA.

In that two years I attended an ATOS functional assessment (after waiting 13 months) and in the report that followed were fabricated tests and results, and numerous errors. The DWP and ATOS have pretty much ignored my complaints, I have had two MR's as the DWP lost the evidence sent for the first MR.

I was awarded 6 points for care and 4 for mobility, not enough to receive any payment, even though on DLA I received high rate care and low rate mobility due to multiple mental health and physical disabilities. The outcome of the MR's did not alter this award.

I have had extensive support both from the CAB and my CPN and have overwhelming evidence from medical professionals and medical records that confirm and explain my health conditions and how they affect me. I also completed the PIP questionnaire following the guides on this website, and being completely honest, I do meet the criteria for standard care and standard mobility.

I applied for an appeal which was heard three weeks ago. It was adjourned. The letter from the court stated that as I had a support worker visit me at home for 2 hours each week that I was able to engage with people socially (losing 2 points), and that as I have a pet rabbit and it needs looking after (which my neighbour helps me with), then my physical conditions are questionable. All test results, medication, professional reports etc have not been commented on at all.

I struggle with transport and have been unable to use public transport for 10 years due to mental health problems as I panic and lose control, and can only go out once a week, accompanied by my neighbour's daughter or my CPN. This apparently does not meet the criteria for the mobility component.

I have been asked by the court if I would like to continue with my appeal as the panel that heard my case would have reduced my points not increased them enabling me to receive a payment. I feel as though I am not being believed. If I wasn't entitled to PIP then so be it, but the criteria says different.

I am divorced and my son lives abroad so have a very small support network. I have been fighting for two years for PIP, stressed, depressed and anxious, and I cannot carry on. Two weeks ago I took an overdose of medication, a combination. I wanted it all to end. Fortunately, or unfortunately, which ever way you look at it, I woke up being sick and have suffered since as a consequence.

I think it is a disgrace that genuine people in need are being treated like this, I feel ashamed about having disabilities. I don't know where I will go from here but I will not be fighting any more. I respect all of you who have pushed and fought to get the payment that you deserve to make your lives easier to live with your disabilities and hope that not too may people are left feeling the way I do.

Thank you for your response Gordon.

I completely agree, I have psychiartic reports, letters from my psychiatrist, support worker, CPN, GP, Consultant from the hospital, physiotherapist and pain management clinic, yet to date and to my knowledge all of these have been disregarded by ATOS, the DWP and it seems the appeal panel. It's almost unbelieveable. My benefits adviser and I have worked hard on completing all the forms etc over the last 2 years and I have paid hundreds of pounds to obtain medical reports etc, and followed all the advice in the B&W guides, but to no avail. I genually just don't understand - with all the evidence I have, and matching it to the PIP descriptors, why I am in the position that I am in.

Yes you are correct, I have nothing to lose in going forward with another first tier tribunal hearing, as all original panel members would not be present, but it would mean me spending even more time attempting to point out and justify to the panel why I disagree with the first panel's adjournment letter. It can be done quite easily but I truly am simply fed up with it all. My claim for PIP has actually contributed to a deterioration in my mental health, I feel physically sick and filled with dread as each day, week, month goes by with this hanging over my head.

I have another home visit from my benefits adviser scheduled for tomorrow. I know that he will want me to continue with the appeal as he too is dismayed at the lack of points awarded and he says that he has never known this before especially with someone with so many complex medical conditions. I am tired of the general lack of knowledge and continual mistakes being made by the DWP and ATOS (not sour grapes honest), and do hope that at some point in the near future the whole process is shaken up to ensure that it is fair, accurate and helps the people who genuinely need a bit of help.

Sorry for sounding like a habitual moaning minnie, I just hope that others are treated far better than I have been. xx

I wondered, if I were to continue with te first tier tribunal and am not awarded PIP, would it be an err or law if the tribunal did not take into account the advice and statements provided by medical professional involved in my care? I believe that an err of law is the only way in which an application could be made for my case to be heard by an upper tier panel/judge.

Thank you.
Regards
Ro

Thanks Gordon

Should I continue with the first tier and the panel make a decision, what are these options with regards to applying to the upper tier tribunal do you know? and would not recognising or accepting medical professional reports constitute an err or law?

Thank you.