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NHS & DWP collusion to sabotage PIP claims.

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5 years 1 month ago #245538 by KMcLeod
After almost 20 years on DLA for paranoid schizophrenia or severe delusions of paranoid schizophrenia (psychiatrists go for the first term, GP's for the second), i have been switched to PiP - which ofc has been a disaster.
My original and continuing main problem is that i just cannot provide/obtain any medical evidence. It does not help that i am on the NHS national and local 'blacklists' of dangerous patients - so i often have appointments cancelled and am constantly refused access to my medical records. Even the CAB will not help me.
But if the above was not enough, i appear to have had the misfortune to stumble by accident into a 'scam' by my local Mental health service and the DWP to reduce/obstruct PIP claims.
The scam works like this:
1. The Mental Health 'super' clinic (all other establishments have been closed down to pay for this mega super clinic) for your area considers that Pip claims on mental health grounds are always false unless the claimant agrees to a 14 day voluntary section.
2. Only after the 14 day section will the clinic write a report/ allow the Dwp access to your records for your Pip claim. Even then the clinic often decides you are false claimant and will insert certain trigger words (of which the Dwp are aware) in the report/records - to alert the Dwp that the clinic considers the claim to be false.
3. The clinic justifies itself with the 'reasoning' that their work is far too important to be interrupted by paperwork over Pip claims, they fear being overwhelmed. So they do all they can to discourage Pip claimants.
4. The Dwp happily goes along with this 'arrangement.' (It must cut down Pip claims from this direction drastically.)
5. The Dwp does go through the motions of requesting a report/ your medical records but ofc the clinic rarely sends them and sabotages many that they do.
6. If you challenge the Dwp over why no report has been received, they come all over "I am Manuel from Barcelona." They have no idea why no report was received or why access was refused. They suggest going back to the clinic - and ofc the 'brick wall' starts all over again.

I have contact my 3 local mental health charities including Mind about this scam - understandably they don't want to touch it with a barge pole. And who would believe a paranoid schizophrenic anyway? Besides my own experience, my only corroboration is from a whistleblower who would never go public.
So i wonder if any individuals elsewhere have suffered from such a scam and how they dealt with it?
I need to apply for the Mandatory Reconsideration and presumably an Appeal - but how receptive would they be to the grounds that the actual claim process is totally corrupt?

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5 years 1 month ago #245541 by BIS
Hi KMcLeod

I'm not going to get into any discussion about what you've uncovered because it is beyond the scope of this forum.

Two points from what you have said:

Firstly - your medical records.

Regardless of your diagnosis you should be able to access your medical records and if you are being refused - this would need to be in writing - not just told verbally. So I would ask at your GP's reception what form you need to fill in. it is your legal right to make a Subject Access Request (SAR) for your G.P. records under The Data Protection Act 1998. (DPA 1998)

Likewise you should be able to access any hospital records. If you are refused this also has to be put in writing which would help you in your PIP application. If you wish to obtain any medical information held by a Hospital where you have received treatment, you should approach The Patient Advice and Liaison Service, (PALS) they should be able to point you in the right direction

Secondly - What not to include in a Mandatory Reconsideration

If you want to put in for a mandatory reconsideration for PIP the only thing you should be talking about is your medical condition and how it impacts on the PIP criteria. Anything you think about the politics behind the PIP system should not be included. It is not appropriate and you have no chance of the decision being changed.

Should you have issues about the whole system you should raise it with your MP.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KMcLeod

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5 years 1 month ago #245552 by Becky
I'm not sure about the NHS sabotaging PIP claims. I can only comment on my MS nurses insistence that I applied for PIP...make of that what you will.
Have you any family members or friends that can assist you with getting help?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 1 month ago #245582 by Maggie
Replied by Maggie on topic NHS & DWP collusion to sabotage PIP claims.
Hi there,
It is usual practice to deny MH patients access to their CMH/hospital records due to concerns "it would cause distress or be harmful to the patient". They usually insist on a doctor being present 'to explain things'. If you have a MH advocate they can get access. I couldn't use my records for PIP anyway as there were profound errors(wrong medication & diagnosis recorded!) & entirely fabricated care plans & reviews.No wonder they don't want people to see them:shocking! The aim is to discharge people as quickly as possible, especially if they didn't passively comply-hence the abusive attempts at coercion you are experiencing. Work/work activity is considered a health outcome & there are close links & funding with DWP as you have found. We all know the system is weighted against claimants & assessments are fatally flawed but try to save the fight for getting the PIP award.

However you can WRITE to your GP surgery & request copies of your GP records & letters from psychiatrist to GP etc. This should be free.You can also do this online if you have signed up for this. You may need to go through the descriptors again & refer to the notes e.g distressed behaviour "as recorded by Dr Smith on 2.2.2020." I really think you need some help with this. Have you checked on line to see if there is MH advocacy available or help with benefits?In my area some of the other charities can help, eg if you are at risk of homelessness etc.

The first step is to phone DWP for the assessment report if you haven't already done so & use the guides to put in for the MR & appeal. The Mods are really good at answering specific questions about descriptors. The PIP assessor should have used your DLA records but I bet they didn't. They obviously didn't contact your GP/Psychiatrist either.
All the best
M
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5 years 1 month ago #245599 by KMcLeod
Replied by KMcLeod on topic NHS & DWP collusion to sabotage PIP claims.
Hi
I wouldn't say that the corrupt sabotage arrangement is about the "politics" of the system - seems to me its the actual mechanics of it instead. Shockingly the CAB also condones this arrangement.
What i hoped to discover on the forum is if this (mal)practice is confined solely to my area or goes on elsewhere.
Thank you for your comments anyway. But i doubt if my MP would be receptive to bringing it to his attention - if even my local MIND does not want to know.
On access to records - the organisations that i deal with seem to take the lead from an earlier Compulsory Section Hearing where the judge ordered the medical reports sealed forever on the grounds that it would be dangerous for the authors concerned if i were to read them.
I had a recent SAR request 'lost' and the second has been outstanding for 2 months. My Gp surgery claims to be mystified that cannot trace my hospital records and is itself now constantly vague and evasive in allowing me to see their own records.
Quite honestly i am exhausted by the whole thing. I wonder how much of these difficulties would be admissable/pertinent to a pip MR or appeal?

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5 years 1 month ago #245600 by KMcLeod
Replied by KMcLeod on topic NHS & DWP collusion to sabotage PIP claims.
Hi
I suspect the sabotage arrangement is confined to my area - believe me, the whistle blower is ideally placed to know how it works. I wish i could remember the trigger word examples that they gave me - i was too shocked by the revelations to take it in properly. And with all due respect to your own condition - i also suspect that the DWP and NHS is much more able to take advantage of mentally ill patients.
I am not looking for sympathy but can i explain that my illness has driven all my family away a long time ago.
The effects of being put on the NHS blacklist should not be underestimated either. As it is secret you cannot challenge your inclusion on it but you will find services denied/records lost without any explanation. According to a ward manager my local NHS does not rely on the national blacklist - but maintains a separate one of its own.

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