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- Mitch61
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5 years 1 month ago #245733 by Mitch61
PIP was created by Mitch61
I don’t think I have the strength to go through this process for my husband again. the first application was turned down at the first stage then at the reconsideration stage and went tribunal’ and awarded for a year. After the year was up reviewed again assessment happened and he was awarded enhance personal care and standard mobility for three years. Had a home visit for the assessment (this was not requested) and letter today stated he is not awarded anything and they believe they have over paid him and he will get another letter to explain this, so I think DWP went money back. How outrageous, I just feel really depressed , as his carer, the physical and mental stress of keeping on top of everything and now this. DWP must be live his cured and the consultant and MS specialist nurses and me his carer are unaware, they state that he has had a relapse, what does that have to do with anything, he has lesions on his brain they don’t heal , there are permanent the disabilities he had three years ago when they assessed him have not disappeared and have slowly and subtlety worsened. What are they saying ? That over the last 3 years my husbands progressive disease is no longer progressive, that his symptoms are not the same or worst than least time they saw him, that because he hasn’t had a relapse he’s better.
I just cannot cope with the continued situation of having to tell the story over and over again, seeing him upset , angry and depressed as he is put in a negative situation, to think and feel bad about himself, that he’s a burden to me and causing problems, apologising for possibly not saying the right thing during the assessment. He would love not to have MS to go back to the person he was and gladly give back any benefits, who wouldn’t.
The whole procedure is an absolute degrading process , no continuity, no care, no humanity, out to trick you, not in your favour, works against the claimant in ever possible why, undermines the specialist doctors and nurses who support and give treatment, I just cannot cope , the thought of going through months of this process makes me what to just give up, they have won, even down to the letter arriving today and dated 6th March, they gain a week and we lose a week.
I just cannot cope with the continued situation of having to tell the story over and over again, seeing him upset , angry and depressed as he is put in a negative situation, to think and feel bad about himself, that he’s a burden to me and causing problems, apologising for possibly not saying the right thing during the assessment. He would love not to have MS to go back to the person he was and gladly give back any benefits, who wouldn’t.
The whole procedure is an absolute degrading process , no continuity, no care, no humanity, out to trick you, not in your favour, works against the claimant in ever possible why, undermines the specialist doctors and nurses who support and give treatment, I just cannot cope , the thought of going through months of this process makes me what to just give up, they have won, even down to the letter arriving today and dated 6th March, they gain a week and we lose a week.
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- Gary
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5 years 1 month ago #245739 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP
HI Michele
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lesley
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5 years 1 month ago #245740 by lesley
Replied by lesley on topic PIP
Good luck Michele!
Was a full time carer myself for many year until my husband passed away.
We used to receive the old invalidity benefit, before D.L.A or P.I.P. ever existed.
I also had two tiny children to care for from a previous relationship.
Received nothing in my own name so we were totally dependent on that invalidity benefit.
I remember even then those humiliating assessments, which at least were done at home.
Keep going and you will win.
You are perfectly entitled to the benefit.
Was a full time carer myself for many year until my husband passed away.
We used to receive the old invalidity benefit, before D.L.A or P.I.P. ever existed.
I also had two tiny children to care for from a previous relationship.
Received nothing in my own name so we were totally dependent on that invalidity benefit.
I remember even then those humiliating assessments, which at least were done at home.
Keep going and you will win.
You are perfectly entitled to the benefit.
The following user(s) said Thank You: Mitch61, Gary
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- Becky
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5 years 1 month ago #245743 by Becky
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Becky on topic PIP
Michele....the DWP do not understand MS. The people that live with it do and the people that treat it have an understanding. Let your mind process this letter and then come back to it. Get some help if you can, find a welfare rights helper and use this site to build your defence. I have MS, its cruel and debilitating and its progressive whether the DWP like it or not. Are your husbands MS team helpful?
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- Mitch61
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5 years 1 month ago #245811 by Mitch61
Replied by Mitch61 on topic PIP
Thank you for your support the MSTeam are supportive and I have left a message for my husbands nurse . I will ask her for a supporting letter, although I included several clinic letters as he is seen every three months and consultant letters with the review notes.
I am going to sit down and start the MR process. I did go to the CAB but they have are understanding busy and have advise me to do the MR myself.
I’ll keep in touch
I am going to sit down and start the MR process. I did go to the CAB but they have are understanding busy and have advise me to do the MR myself.
I’ll keep in touch
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- Mitch61
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5 years 1 month ago #245813 by Mitch61
Replied by Mitch61 on topic PIP
Thank you Gary.
I don’t know what’s wrong with me but I am finding it difficult to process info, likely anxiety and stress there are a lot of forms and information which is very helpful but overwhelming, which form should I use. I have a copy of the assessment as I requested on the same day we received the rejection letter.
Should I go through the assessment section by section and what form should I use... CAB to busy to help at MR stage ,we went there this morning .
I don’t know what’s wrong with me but I am finding it difficult to process info, likely anxiety and stress there are a lot of forms and information which is very helpful but overwhelming, which form should I use. I have a copy of the assessment as I requested on the same day we received the rejection letter.
Should I go through the assessment section by section and what form should I use... CAB to busy to help at MR stage ,we went there this morning .
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