Do you have the medical report post surgery? PIP may have contacted your surgeon for a report, get a hold of it.
I showed the young female assessor all the relevant paperwork. My thoughts are that she was unprofessional and certainly never even mentioned that I was in a sling when she came and my GP sent through an email that morning saying I had had a set back and was still having to take painkillers. I said I could give her a copy of it to which she said she did not need it. I am going to be ringing the resolution Manager tomorrow and talk to my MP..I am beginning to strongly feel the DWP needs seriously reviewing it is an utter muddle and is causing so much distress to people who so do not deserve this treatment. I wonder if anyone has ever taken them to court and won??????? If they are saying the benefit stops on the 28th Jan when my pay out should have been this Wed 3/2/16 do you know if I will be paid up to then? Also will the PIPS decision mean that my ESA is stopped too?????
Hi Sue thanks for your kind message. At least we can all share all our totally unfair and horrific dealings with the DWP on here. I was reinstated my ESA back in October after I got my MP GP and surgeon involved. I thought it was all over when I was told I was in the support group which meant £125 per week due to being on the PIPS enhanced rate. Now I have been left in limbo they have contradicted themselves and my biggest worry is that this could affect my ESA. I think it is high time someone spoke out on Breakfast TV about this nightmare regime we are all having to put up with. The young assessor never mentioned I had a sling on was in immense pain when she saw me. I shall be ringing the resolution Manager first thing tomorrow
Why do people concern themselves with what diagnosis you have, whether you have a sling on or are in pain. None of that actually matters when it comes to a PIP assessment/decision. It is all down to what boxes you fit into and at what level.
It has been known for people to put two hearing aids in, strap themselves up in a sling. Unless there is good medical evidence that proves how and why having hearing aids (you could buy two secondhand ones off Ebay) and a sling make you fit the relevant boxes.
I actually have two hearing aids (after assessment by the hospital for poor hearing) but can I prove that because of them I have care/mobility needs/issues - no I can't. Using them improves my hearing so with them I am no longer deaf.
What I am trying to say is that you have to go back to the descriptors, see which ones you fit then get evidence for them as well as evidence on why you need them and then having them have evidence that would show that you still continue to have difficulties.
In fairness to Poll she has explained she suffers with a frozen shoulder and has recently had surgery. Therefore, there is good reason for the sling and severe pain and it wouldn't be unreasonable for that to have been noted in her report by the assessor.
That said I do agree with you that you can't beat the system and is not going away. I also agree fully with you about the descriptors and matching evidence.
For example, Poll could reasonably state she can't prepare and cook a simple meal safely due to arm being in a sling due to the frozen shoulder. She also suffers with Fibromyalgia which could cause problems with her 'good' arm. Of course the evidence would have to back this up and the assessor would be looking for evidence of a severe condition.
You give a good example with hearing aids but using aids can also score you points. If a claimant states, they cannot wash themselves then it wouldn’t be unreasonable for the assessor to see a wet room or disabled shower.
Medication can be a positive and also a negative. Painkillers on the face of it would seem to be a points scorer, but they can count against you if you claim you can’t do something due to pain, but take painkillers. The logic has to be if the painkillers leave you pain free then you should be able to do the task.
Medication can be a positive and also a negative. Painkillers on the face of it would seem to be a points scorer, but they can count against you if you claim you can’t do something due to pain, but take painkillers. The logic has to be if the painkillers leave you pain free then you should be able to do the the task.
Pain killers would be seen as being something that a GP would give depending on the level of pain.It is most unlikely that claiming that the level of pain is such that it stops the claimant from carrying out an action if low to medium level medication has been prescribed. When we start talking about large doses of say Morphine every day being taken then the pain must be significant. As you say pain medication can be a good thing and a bad thing for PIP purposes.
Personally I am prescribed up to 100mg of Morphine every 12 hours every day, every week. on top of that I am also prescribed Oramorph as a break through. Additionally I am prescribed Gabapentin daily. I also have a tens machine strapped to me every day.
The medication is a lifesaver and without it I would not be able to function at all However with it I am well able to do almost everything asked of me.
You are assessed on a normal day which actually means how you can carry out the PIP tasks after taking all of your prescribed medication.
Trying to argue with the DWP that they should be looking at what you can/can't do IF you DON'T take your medication is ridiculous.
As for claiming side effects are a problem. Yes they are at the start but whe the drugs have been in your body for a few months those disappear. If they remain then you should be seeing your GP to change the medication, not try to claim PIP instead!
Going back to the hearing aids,if they, and they should, improve your hearing to such an extent that the disability is reduced considerably, then you cannot claim for that disability - only the fact that you use aids.
Pressed the button by mistake!!!
Hence because of my disabilities which gave me DLA (High Mobility/Middle Care using the criteria that existed would now not give me any more than 4 points under PIP. Consequently I decided against moving over from DLA to PIP (well the DWP forced it on me) as I would have wasted my time and theirs.
You know what, all i can say is with what all of you are having to deal with hear i wont stand a hope of getting PIP. they have worked it out so well its near enough impossible to get it regardless of how bad you feel, how restricted you are, or how deperessed you are.
Yes its about time this whole subject was on the norning show with some of the cases being shown and interviewed as well.
As hubby says, when we lose our DLA and we are both on borrowed time now its just not worth us trying to claim PIP. Dont think either of us could cope with the stress. He says he will some how have to go back to work at the age of 67, yeh right with arthiritis back as a painter and decorater, in his dreams! We will just
have to manage on state pension wont we.
Sue
Hi meant to of sent this in reply, so many replys on hear sent to wrong person so hear it is again lol
You know what, all i can say is with what all of you are having to deal with hear i wont stand a hope of getting PIP. they have worked it out so well its near enough impossible to get it regardless of how bad you feel, how restricted you are, or how deperessed you are.
Yes its about time this whole subject was on the norning show with some of the cases being shown and interviewed as well.
As hubby says, when we lose our DLA and we are both on borrowed time now its just not worth us trying to claim PIP. Dont think either of us could cope with the stress. He says he will some how have to go back to work at the age of 67, yeh right with arthiritis back as a painter and decorater, in his dreams! We will just
have to manage on state pension wont we.
At 67 like me (68 in June) I realised that when you really down to it, PIP is extremely difficult to get. Not just that but like you, I thought and thought about it - could I actually cope with the constant re-asserssment process (assuming I got it in the first place). Reclaiming every few years, risking it being taken away, and then having to go to a Tribunal for all of it to start again.No, I just don't have the capacity to do that.
With a heavy heart I allowed the DWP to take my DLA away as I had not followed their instructions (so they say) to claim PIP.
What is done is done, at least it is one less worry. I had hoped to claim Attendance Allowance (for those over 65) but that is being shut down soon by the government with the money being handed to the councils instead to support their Social Services.
Now the over 65's will have no financial help to pay for the little things that a disabled person needs.
Unless that is you are requiring care in your home given by Social Services. Even then you have to pass their assessment as only the most severe of cases of the elderly at home are being catered for - plus you may well have to contribute as well out of what you are getting in income!!
What a way to run a civilised country in the 21st century.
To make things clearer I had supporting evidence why I was in sling from my doctor that the assessor saw at the home assessment. I also made it clear that my 15 year old son has to cook for me as I cannot chop,peel veg or lift anything. This has not been mentioned .I will be asking for a copy of the assessors report tomorrow. The thing that really annoys me us why was I awarded PIPS for two years on the enhanced rate back in May before surgery???? Then put on the support group status with EST last week.??????????
Also my son has to cut up my my food too. I am having to use a bath support rail and stair rails.
The thing that really annoys me us why was I awarded PIPS for two years on the enhanced rate back in May before surgery???? Then put on the support group status with EST last week.??????????
Simply because you would have had two different ATOS assessors look at your case and two different case managers (decision makers).
It is quite common to have two totally different outcomes for the same problems - depends who reviews and assesses your claim and who actually decides it.
Each claim (first and any subsequent re-assessments) are treated as new claims with no reference being made as to what was decided last time around.
If they were to always agree, there woud be no point in doing regular re-assessments - you have to prove it every time with up to date evidence.
i meant this one plain evil thats what it is and a total mess
Lol i give up, wrong expression coming up hear twice, not the one i chose!
Can someone remind us what PIP actually stands for! i can think of a few choice words!
Hi Poll
I'm only guessing but maybe the decision maker thought post-surgery the frozen shoulder was corrected and you are abler than pre-surgery.
Of course this would depend on the surgeon’s report. Your problem might be that the surgeon due to his vanity has claimed to have done a brilliant job and cured your problem (even if it hasn’t), I have come across this before.
The Fibromyalgia might be enough to stop you working but in the DM’s opinion not enough to warrant personal care. Did you supply a written statement from your son confirming his caring for you? Also a daily diary of care needs is good additional evidence.
Permanently Impossible Payment?
I would suggest that you have actually hit the nail on the head.
Incorrectly or not, most people including a Decison Maker might genuinely believe that corrective surgery will reduce the level of care needs.
This can be compared to a Pain Clinic assessing and prescribing pain killers that actually work for you. Consequently taking that medication will/could reduce the level of pain previously suffered which caused the previously claimed for care/mobility issues.
As for the vanity of a surgeon, I have had first hand experience of this.
To be told that no further problems would arise ended up with me being transported 300 miles to a specialist hospital unit to save my life!!
More and more, third hand reports and statements from family members are now being treated with more suspicion by the DWP. I have personally seen this happen in one family where mum, dad and both adult children used to receive substantial DLA awards for similar claimed needs and difficulties. Under PIP all of them were refused an award simply because there was no independent evidence just statements from each other.