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PIP Appeal success!
“For the second time, using B&W , I have successfully appealed , at tribunal, an inaccurate and unfair DLA/PIP decision. The information that I gave has been exactly the same each time. I really worry how many people are being denied their fair awards”



USE YOUR 25% OFF ANNUAL MEMBERSHIP COUPON BEFORE MIDNIGHT FRIDAY: 34862

 

Dear Reader,

In this final newsletter until 15 January, as well as a £5 off coupon, we have the good news that your overwhelming support for the mandatory reconsideration challenge has ensured it will go ahead in the New Year.

Though, right now, it’s hard for many of us to see further than tomorrow‘s general election. The result will have a huge effect on most claimants lives, for better or worse.

Although we aren’t doing another newsletter or coupon until 15 January, we will send out a brief email next week with our understanding of what the election result is likely to mean for claimants.

Elsewhere in this update we learn that over 100,000 claimants have lost their Motability vehicles as a result of being forced onto PIP.

We also reveal that GPs have accused claimants of being ‘work-shy’ and ‘slobs’ in their house magazine.

And the Disability News Service (DNS) is piling on the pressure for criminal proceedings to be launched against former ministers in relation to the deaths of claimants.

 

OVER £5,000 IN ONE DAY FOR MANDATORY RECONSIDERATION CHALLENGE
Benefits and Work readers donated over £5,000 in the 24 hours after our last newsletter appealed for support for a crowdfunded legal challenge.

The judicial review, which will now definitely go ahead, is seeking to outlaw the cynical practice of mandatory reconsideration (MR).

Since the DWP introduced MRs they have succeeded in dissuading hundreds of thousands of claimants from challenging a benefits decision.

Michael Connor, who launched the challenge, thanked Benefits and Work readers for their support, saying:

“I still cannot quite believe the amount of support.

“The support from donations and encouraging comments for my case has meant the world to me. I have been informed that the DWP have employed two barristers to oppose my case. But they will not undermine my determination to fight and win this case. The court fees are paid. I have the finance to pay for any court filing, court order application and appeals if needed.

“I am so grateful and energised by the support for not now my, but our, case.”

We’ll keep you posted.

 

OVER 100,000 MOATBILITY VEHICLES TAKEN AWAY
Over 100,000 Motability vehicles have had to be returned as a result of disabled claimants being forced to claim personal independence payment (PIP) instead of disability living allowance (DLA).

The truth came to light after former Tory minister for disabled people Maria Miller claimed that DLA was “never designed for people who were able to walk, it was designed for people who didn’t have the capacity.”

In fact, DLA higher rate mobility could be claimed by, amongst others, people who could not walk more than 50 metres without pain or severe discomfort.

Disability News Service (DNS) contacted Motability, who confirmed that:

“As of 1 November 2019, some 101,000 customers have lost their eligibility to the scheme meaning they would have had to return their vehicle after a DLA-PIP reassessment.”

 

CALL FOR CRIMINAL INVESTIGATION OF MINISTERS FOR CLAIMANT DEATHS
John Pring of the Disability News Service (DNS) is continuing his dogged battle to put former Tory ministers in the dock over claimant deaths.

A fortnight ago Pring published a 12,000 word article DWP: The case for the prosecution which set out the links between the deaths of six claimants and flaws in the work capability assessment.

Pring has argued that Iain Duncan Smith, Chris Grayling and senior civil servants in the DWP ignored concerns raised by a coroner about the WCA.

DNS now says that Shadow chancellor John McDonnell has agreed that the article provides “strong and clear evidence” that Duncan Smith, Grayling and senior civil servants should be investigated over the WCA scandal.

McDonnell has also confirmed that Labour will hold an inquiry into claimant deaths linked to the DWP, if it takes power.

 

GPS CALL CLAIMANTS WORK-SHY SLOBS
An article in the GPs magazine Pulse, was intended to be supportive of claimants.

It argued that claimants were wrongly being found capable of work and refused benefits.

However, comments below the line, which can only be made by GPs with a valid GMC number, told a very different story.

Some were just plain offensive: ‘The vast majority on benefits are work shy. Just reinforces the international impression of Brits as lazy slobs.’

Others are more moderate but still question the honesty of the majority of their patients: ‘In my experience most sick note requests are very questionable but we are pressured into them due to the dr patient relationships and keeping patients happy.’

One GP bemoans the fact that they can’t “tip-off” the DWP any more: ‘Yes there are a few patients who are very deserving and do not qualify for the benefits but the few are very heavily outweighed by the many who would be perfectly able to work but choose not to. As the patients gp it is difficult to refuse when people ask for a sick note particularly as there is no longer an option to 'tip off' the dss that you believe the patient is 'pulling a fast one' without the patient finding out.

Another seems to despise many of their patients: ‘The public gets what the public wants. And that’s a video based app to issue prescriptions, fit notes, and referral requests, all in the palm of your hand in front of I’m A Celebrity. Get out as soon as you can.’

Many claimants will no doubt hope that this GP, and many others commenting on the article, follow their own advice and get out soon.

 

FORUM CHRISTMAS CLOSURE
The forum will close after the last session on Friday 20 December and reopen for the afternoon session on Thursday 2 January.

A massive thank you to Gordon, BIS and Gary for all their efforts. Enjoy your hard-earned break.

We’ll be back with that brief, post-election analysis next Wednesday.

Until then, please use your vote and . . .

Good Luck,

Steve Donnison

 

PIP Outcome
“With your help I managed to appeal my sister’s PIP award. The MR was unsuccessful so I wrote to the tribunal pointing out the nurse assessor had not given correct details regarding ongoing care from 2 separate hospital departments. In addition, some of the sentences made no sense.The tribunal returned the forms to DWP requesting they review them again in light of these mistakes and as a result my sister now receives enhanced care and mobility for 10 years.
Thank you”

 

BOOST YOUR PIP AND ESA CHANCES - £5 OFF ANNUAL MEMBERSHIP – OFFER ENDS MIDNIGHT FRIDAY.
Give yourself the best possible chance of getting the right PIP, DLA or UC/ESA decision, whether you’re making a claim, renewing an existing award or asking for a reconsideration or appeal.

Subscribe now and get instant access to all our guides.

If you’re not already a member, join the Benefits and Work community before midnight on Friday and you can get 25% off the cost of your annual subscription.

Just type the following code into the coupon box when you pay: 34862

Claimants and carers get an annual subscription for £14.95, down from £19.95. Professionals get an annual subscription for £72.65, down from £97.00.
Offer ends midnight Friday

 

PIP TRAINING DAY 20% DISCOUNT
Thursday 27 February, Birmingham

“Excellent course. Feel more confident in completing PIP forms.” Andy Smith, Futures Housing

“Really enjoyable course and trainer.” Maria Taylor, Lincolnshire Partnership NHS Trust

“Covered everything I needed to know.” Paula Halkic, Lancs & Morecambe MS Society

Places are now available for our next PIP open training day for professionals.

Book before the end of November and get a 20% discount on the advertised price.

Get more details and download a booking form.

Birmingham too far away? Complete our brief training request form and let us know where you’d like us to run a training day and what subjects you’d like covered.

 

BENEFITS NEWS
Fantastic readers response smashes legal crowdfunding appeal target
A fantastic response by Benefits and Work readers has smashed the £3,000 target of a crowdfunding appeal to outlaw mandatory reconsiderations.

Pressure for criminal investigation of ministers for claimant deaths increases
The campaign for a criminal investigation into the actions of former Conservative ministers in relation to claimant deaths is gathering pace.

GPs call claimants work-shy slobs in comments on article critical of DWP
GPs condemned the unfairness of the work capability assessment in an article in the current edition of Pulse magazine.

Over 100,000 DLA to PIP claimants have lost their Motability vehicles
The Disability News Service (DNS) website is reporting that 101,000 claimants have lost their Motability vehicles.

Labour launches a manifesto for disabled people
Labour has today published a manifesto for disabled people.

SNP manifesto benefits highlights
The SNP published their manifesto last week. It includes a number of welfare benefits promises.

 

GOOD NEWS FROM THE FORUM
As always, many thanks to everyone who takes the trouble to post in the forum or email us with news of your success. We know it’s many readers favourite, and most encouraging, bit of the newsletter.

Mandatory Reconsideration worked
“I wanted to say a huge thank you to all at this site. Using the PIP guide I completed my form. Sent it off and result was zero points in every category. I was on DLA before. The reasoning given was totally unrelated to my form’s content. There were lies within it - no other word for it. Blatant untruths that my repeat prescription showed otherwise. The reasoning was flawed and the data used not related to my detail given. It was devastating. I cried. I’ve had no sleep. I asked for a Mandatory reconsideration. On Thursday evening my bank was credited with £549 labelled DWP PIP. I was stunned. It must be a mistake. But on Saturday wad of paperwork arrived. I scored enough points for daily living and also mobility. Both at lower level but that’s fair. If you find yourself in my shoes please don’t give up. If you scored zero point but was on DLA before like me don’t give up. It is possible to get thing sorted. Thanks to all for help and advice. You made a hard and tough job easier and I can now pay my bills.”

Days before Appeal date a call from DWP
“My transfer from DLA (middle rate care) to PIP all began in July 2018. At the time I felt lucky not to have been reviewed before. The benefit was stopped in November 2018 with NIL points following a home assessment. I appealed Jan 2019 and at last had the date for Appeal for end of November. Further evidence went in with my appeal early this year and I sent more this week as I felt relevant to the context on which the award had been stopped. Today out of the blue an 'Appeal Writer' rang and said she was reviewing the evidence I sent in earlier this year (months ago) and had looked at my ESA claim (from 2018!!!) and had referred the matter back to the HP's who were now awarding me 16 points 8 care + 8 mobility!!! She was very keen for me to make a decision before the appeal date which she stated she did not know (?!) I asked her to send confirmation to me for consideration. It's unbelievable. I'm quite frankly dazed and still in a state of shock. I feel I should be jumping up and down with joy but of course I cannot jump and the stress of it all hasn't helped one little bit… I was actually coming close to thinking can I put myself through the appeal - the first and last one I had scarred me for life ...and I won!.. If you don't think you can put yourself through it ..... and for sure it is detrimental to your health than dig deep as I have and in the end common sense may prevail. Thanks for all the help on this site I found it difficult to go and get outside welfare rights and even when I did they suggested I won't go anywhere from NIL points! so it’s good to have the online help Thank You”

ESA success!
“Good news for my brother because he has now been placed in the support group from Wrag. Just wanted to say thanks! He was very fortunate to be assessed by a considerate Doctor who made
it much less stressful than I imagined it would be!”

DLA to PIP success
“Finally recieved the Brown Envelope this morning. With trembling hands I opened it. Yay, I got Standard Care and Enhanced Mobility, ongoing. (Not really sure what that bit means). At first I assumed I was just getting the same as I did on DLA. But after looking at it carefully, I realised that Standard rate Care is higher than the Low rate Care I had on DLA. It has also opened up other Benefits that I can now claim. Thank you very much to Gordon and all the Moderators on this forum who answered my questions, and guided me through the minefield. I don't think I would have got through without your help. This was the best £19.99 I have ever spent to join this forum. Thank you again.”

PIP success
“Hi guys just wanted to let you all know I had my PIP review and I went straight through into enhanced for both, without a medical, which was the same as last time. I must admit I was very surprised when I opened the later this morning. Thanks very much for all your help. Don’t give up guys. Remember who dares wins.”

DLA to PIP Tribunal success
“Many thanks to Benefits and Work for your excellent Guides re appealing against a decision. Last year I had to claim PIP, having been on DLA for 9 years. The decision, following my face-to-face assessment, was (predictably) No Points. My DLA stopped on 4 September 2018; I had already appealed after I had gone through the mandatory reconsideration process. It was not until October this year that I was given a tribunal date - a sign that, as you report today, the tribunal system is simply unable to deal with the number of appeals coming through. I'm pleased to say that I won my appeal, and in addition to the daily living component, they also awarded me 10 points for mobility, which I had not expected! They also said that a review was inappropriate, which the DWP have accepted. So as I said, many thanks to all concerned with Benefits and Work. You rock!!!”

PIP success, thank you
“I completed my application with the help of the guides on this site, I would not have had a clue where to begin, I used the words suggested such as supervision, safely prompting etc. I also asked my GP if he could include the words on his supporting letter. I was amazed when a decision was made without me even having to attend a face to face interview. I suffer with Rheumatoid Arthritis and had a lifetime DLA award. I am relieved to say that thanks to the support and guides provided on this site that I have been awarded enhanced for both care and mobility for an ongoing period. The stress of it all has been overwhelming but thanks to you all I have received a Good Outcome. Keep up the Fantastic Work you are doing in assisting people through this Cruel Heartless Draconian Assessment.”

PIP – some hope for you
“I just wanted to give you all some hope. After having had DLA/PIP for over 20 years, in January this year after re-assessment, I got 0 points and lost ALL PIP. The Healthcare Professional lied and got her commission. I took it to tribunal (on paper) and am delighted to say that tribunal says I qualify for enhanced rate daily living and enhanced rate mobility! The only negative is that they wouldn't change the length of the award, so in 16 months I will be going through this all again, which is ridiculous because I am 65 and won't get better. I have severe OCD. SO, don't give up. Do take it to tribunal and good luck.” 

Decision changed at mandatory reconsideration
“I cannot thank this site enough for the advice and support from the moderators and site users. Back in September I received my pip decision after transferring from dla to pip. I was awarded standard dla [daily living award] and 4 points for mobility, with the dla award till July 21. I used this site template and completed details requesting a mandatory reconsideration. I initially called the phone number requesting the reconsideration and was asked if I wanted all of it reconsidered - I requested the mobility to be reconsidered. I followed this up with a letter as per the template on this site. The brown envelope landed today and I’ve been awarded enhanced mobility- from 4 points to enhanced. The dla remained the same and both will be reviewed in 2023 - extending it from the previous. I cannot express how relieved I am, I could not have done it without the advice from this website. In the mandatory reconsideration I stressed the repeatedly without pain (the absolute truth) yes I can walk but not without pain and not continuously. I understood it was a risk to ask for a reconsideration, but I felt so strongly about the fact I struggle to get about that I decided it was worth fighting for. Thank you to everyone, because of the hard work of the moderators and site creators I’m one of the people that have been helped.”

PIP award
“Hi Gordon, thanks for all your valuable help in completing assessment forms. I have just had my assessment returned and i have been awarded 12pts for daily care that is enhanced rate”

BOOST YOUR PIP AND ESA CHANCES - £5 OFF ANNUAL MEMBERSHIP – OFFER ENDS MIDNIGHT FRIDAY.
Give yourself the best possible chance of getting the right PIP, DLA or UC/ESA decision, whether you’re making a claim, renewing an existing award or asking for a reconsideration or appeal.

Subscribe now and get instant access to all our guides.

If you’re not already a member, join the Benefits and Work community before midnight on Friday and you can get 25% off the cost of your annual subscription.

Just type the following code into the coupon box when you pay: 34862

Claimants and carers get an annual subscription for £14.95, down from £19.95. Professionals get an annual subscription for £72.65, down from £97.00.
Offer ends midnight Friday

Good luck,

The Office Team
Benefits and Work Publishing Ltd
Company registration No. 5962666

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