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Tribunal & Courts / Last option.

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5 years 2 months ago - 5 years 2 months ago #244639 by Rita
Tribunal & Courts / Last option. was created by Rita
Dear Gordon & Team please could you call me on my home number. I'm happy to phone back so you incur no phone charges. I have been declined 4 times for Mandatory consideration. I've been informed that my only 'last' port of call is directly with Tribunal & Courts. Before I phone them
I'd like to listen to your advice for making this important call.

I also only ever receive 0 points on all 3 Mandatory Reconsiderations. The last occasion the Assessor had to come to my home, that's how complicated my health situation is. When here she wouldn't even look at my current prescription of 16 tablets daily. As an untrained medical professional, she subjectively decided to write in report 'doesn't look like she's in pain'. She actually also blatantly lied on the report. Said 'I was well kept and casually dressed'. I was in a dressing gown, unwashed and hair unkempt. I only wash every 2 or 3 days as I now have insomnia (a side effect of meds). I'm on 5000mg of Cocodamol Painkiller per 24hrs. 125mg Levothyroxine, Diazepam (2mg, 3 times a day) and maximum Setraline 200mg and Quetiapine 50mg AM and PM. I will tell you "how it affects my daily life". No support structure whatsoever! Doctors surgery informs me, that they play no role in DWP's decision. Surgery know extensively how I suffer and have for many, many years.

I pay privately for a care company half hour in the evening (for 1 year now), Originally 2 daily calls . However, I can no longer afford 2 calls per day. I have current letter from private psychiatrist stating that my actual health situation has left me open to financial exploitation (actually on an unimaginable level). I am extremely fatigued, have official current diagnosis of "Complex PTSD" originally left without urgent medical intervention. Then left in unspeakable physical pain and deliberate neglect. I deteriorated constantly. I contracted Septicaemia. Every day and night for years I have experienced different types and levels of nerve pain. Dull aches. Muscles twisting and weird spasmodic contortions of mainly left side of my body. My shoulder, hip and problems in legs shaking profusely. And toes not under my complete control. Damaged nerves, my toes moving and bending not under my control. I also have had severe neck locking for years. This is finally getting better. I didnt understand why no one could establish what was wrong?
I was advised to see a particular highly regarded Osteopath. Not being taken to hospital originally in December 2009, I had been left walking on a twisted thoracic part of my spine and twisted pelvis for 7 years. During the origin I loss motor functions, spine and legs. I was unable to speak properly. Unfortunately I cannot discuss why I wasnt taken to A&E. this. However, it has wrecked 10 years of my life. Just before my former husband passed away in Nov 2017. He gave me his blessings and funds to go into The Brighton & Hove Clinic. There I finally unburdened myself telling the truth of the hell I had been subjected to.

I've had 3 hospital admissions (self referrals). As in so much pain, distress and trauma wasn't able to cope or actually fend for myself).

I sent DWP 3 discharge reports with extensive amount of timeline medical reports doctors' letters re spine and Complex PTSD. They havent budge on their decision. The last private hospital, Oct 18 - Jan 2019, assured me I would be entitled to PIP and assistance of a home team, none of which has ever occurred.....in all these years. My Akellis heel, I'm too articulate. How absolutely appalling, after the years of neglect and abuse to be told....."I'm too articulate". What does that have to do with the level of pain, trauma, neglect and no support system. .Most of my family unit they're passed away. Sheer strength of character and will power alone has kept me going and emotional support from my Mother who passed very recently. My brother, 52 passed away 2016 (Cancer). My former husband of 22 years, who always tried go assist where he could. However, he was fighting cancer also, passed away Nov 2017. We were friends and he left me financially independent not a vast sum. However, enough to say I'm truly sorry for what has happened to you. That funding was to go towards me getting the right help and start a new life!! That income has been taken by medics not "expertly qualified" to handle my particular type of delicate case. The last private hospital were not suitably qualified to handle my case.

In May 2018, I had received 9 EMDR at The Brighton & Hove, mainly as self referred in patient. Because of the neglect (i.e. denied being taken to hospital my experienced EMDR specialist said dont let anyone do CBT on you. The last private hospital totally ignored this....and made me get up and walk. It was absolute agony as I was so exhausted, I was only on 25mg Levothyroxine at that time! Again no interest in checking bloods. It was gruelling physically walking on that left hip. If you smiled or laughed... for a short while. It was like...nothing is wrong with that person. I had learned to live with a level of pain with out painkillers for nearly 2 years. They wanted to tar me with the same brush as it fitted their "course criteria". Depression. And they tried placing pressure on me to agree. But I woukd not!!! Becausd it's incorrect!!! After leaving that private hospital, I was worse. The Consultant mandatorily stated I could only stay if I attended their courses. I self referred because I couldnt physically fend for myself at home...due to pain levels isolated and terrified. After leaving I was worse and spent the whole of last year unable to hardly move from my sofa. In less than 10 weeks after leaving there. Because the Consultant mandatorily informed me "you cannot stay unless you get up everyday and attend at least 2 courses" less than 10 weeks back home I ended up in Princess Royal (blood checks) back I was suddenly on 1000mg Naxprofen and 5000mg Cocodamol.

I had pleaded many times to the acting general doctor at the Flagship, exorbitantly, expensive private hospital about something still very wrong with my back and hip pain.
All nurses, carers, GPs, Osteo and my main Consultant Psychiatrist (at Brighton & Hove) have all personally witnessed the horrendous involuntary body movements I lived with for years which I believe come from an ingrained incorrect body pattern. The body adapts, it wants to survive.
In the last hospital the GP would only prescribe paracetamol. The nonchalant manner, condescending and dismissive handling, left me in despair. In my vulnerable state of pain they financial stripped me of £79,000 over a period of 12 weeks. They did not act ethically with "a proper duty of care". I've been under my surgery for 6 years so many desperate calls and home visits. Funds are very low. The other hospital took £49,000 .£1,500 on transportation and EMDR in Hove. £6,500 on private care company. £700.00 on reflexology. £1,700 on Kenesiologist (muscle testing expert). £120.00 on Podiatrist (cannot reach or cut my toenails). Also cannot hold my urine when I wake up first thing, and it's running down my thighs and legs getting to the bathroom. Might be to do with over sedated?? Mainly a recluse for last 5 years. Never go out only to holistic or medical appointments. No nails each nailbed eaten away from being left in hyperviligance. Cannot lie down on back sleep.mainly on sofa with 2 cushions and pillow over them. As neck and upper torso has to be lifted and supported. Walking laboured and dont walk any where. Told the Assessor very rarely walk to the newsagents....but whenever I go out and walk a bit...I'm exhausted the next day. I am so fatigued diagnosed with Hypothyroidism in Dec 2017. My adrenals completely exhausted having been left for years in hyperviligance and acute pain. All the bereavements on top of everything I've already experienced.

DWP dont think I'm eligible?? I believe reading your various data I'm owed backdated PIP since Nov 2016. Cant work so Bill's all paid out of husband's Will since his death Nov 2917. As said.....very little funds left now. And so much taken with no real change. If you bought a car for £79,000 and it didnt work you'd take it back and demand a new one.

For £79,000 I got 4 art classes. And, one cooked breakfast. Because I actually said....dont you think you should ask patient private funding.....would you like a cooked breakfast. It got brought to my room and I got "here's your breakfast lady muck'. Absolutely true. Never seen such a horizontal, relaxed, let's watch tv or look at fashion on the internet tram of staff!!! They even lost the keys to the clinic one morning. Dont they have a designated place to always keep them. Many, yes, quite a few were the laziest individuals I have encountered in a very long time. It was suppose to be a place of rest and tranquillity. They had that awful programme 'Jeremy Kyle' blaring out.....Totally unsuitable for many of the patients. As the aggression would upset them. For me, I was appalled that it was put on.....The staff were totally oblivious to the sensentivity and protection of certain patients with this disturbing offensive programme.


I had Polyneutis at 29 years old. Extremely unusual for a young woman to contract. It is extremely painful. I was in bed for 1 year not able to walk. I was lucky I made a full recovery. I'm a capable individual I know something serious happened 10 years ago. And I was held against my will and abused. I need guidance. Even if its legal aid solicitor as I've worked all my life.....and want to get back out there again..

I have to accept that, but the injustice of the DWP ref people who need the help and want to return to work, to live, laugh have joy...
I have to get into a stable condition and then seek legal counsel.
Because of amount of medication best to call after 1PM.

Thank you.

Anne
Last edit: 5 years 2 months ago by BIS.

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5 years 2 months ago #244642 by BIS
Replied by BIS on topic Tribunal & Courts / Last option.
Hi Rita

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work
I have edited your post and removed your mobile number from it. I'm afraid it is not possible for us to contact you or anyone else by phone. It is not a service we offer. We are here to moderate the forum and try to answer questions about the specific process of applying for ESA/UC or PIP. This post can be seen by anyone on the internet, you certainly don't want to see your number and be picked up by internet trolls.

I don't know whether you have had any benefit advice in completing the PIP forms or mandatory reconsiderations, but if you have been turned down on four occasions, there is a good chance that you are not demonstrating in some way that you meet the PIP criteria despite what appears a lot of medical evidence to the contrary.

Having complex illnesses and taking a lot of medication is not necessarily enough to be awarded PIP. You have to show that you meet the specific PIP criteria. If you haven't already used someone in your area - you can google 'benefits advice' plus your postcode. I would not rush in and try and find yourself legal advice - you need someone who understands the PIP process.

You should also read out PIP Appeals guide which will tell you how to approach the entire process. You can find it about halfway down the page. You will also find another guide, telling you how to argue against a medical assessment. Unfortunately, the assessor's comment about you being well-kempt is a common one. As tempting as it is to argue over points like that - there is very little to be gained by doing so in your appeal. You want to concentrate on the areas where you think you should have scored points and you didn't.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you want to complain about the assessor and the 'mistakes and inaccuracies' in the report then you could contact the DWP and make a complaint. This would be dealt with entirely separately from your claim. Some members have had some success in making complaints about the quality of their reports.

The other option you have is trying to involve your local MP. I know this can be a challenge and their response varies considerably, but sometimes they are willing to contact the DWP on your behalf.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

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5 years 2 months ago #244643 by BIS
Replied by BIS on topic Tribunal & Courts / Last option.
Hi Rita

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work
I have edited your post and removed your mobile number from it. I'm afraid it is not possible for us to contact you or anyone else by phone. It is not a service we offer. We are here to moderate the forum and try to answer questions about the specific process of applying for ESA/UC or PIP. This post can be seen by anyone on the internet, you certainly don't want to see your number and be picked up by internet trolls.

I don't know whether you have had any benefit advice in completing the PIP forms or mandatory reconsiderations, but if you have been turned down on four occasions, there is a good chance that you are not demonstrating in some way that you meet the PIP criteria despite what appears a lot of medical evidence to the contrary.

Having complex illnesses and taking a lot of medication is not necessarily enough to be awarded PIP. You have to show that you meet the specific PIP criteria. If you haven't already used someone in your area - you can google 'benefits advice' plus your postcode. I would not rush in and try and find yourself legal advice - you need someone who understands the PIP process.

You should also read out PIP Appeals guide which will tell you how to approach the entire process. You can find it about halfway down the page. You will also find another guide, telling you how to argue against a medical assessment. Unfortunately, the assessor's comment about you being well-kempt is a common one. As tempting as it is to argue over points like that - there is very little to be gained by doing so in your appeal. You want to concentrate on the areas where you think you should have scored points and you didn't.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you want to complain about the assessor and the 'mistakes and inaccuracies' in the report then you could contact the DWP and make a complaint. This would be dealt with entirely separately from your claim. Some members have had some success in making complaints about the quality of their reports.

The other option you have is trying to involve your local MP. I know this can be a challenge and their response varies considerably, but sometimes they are willing to contact the DWP on your behalf.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

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