hi has anyone had their loss of mobility award overturned at the mandatory stage. The reasons they gave for my wife's loss of mobility were easily disproved. They said she did not take her Anxiety medication which she does daily and she could walk the lentgh of our garden and back which was 60 metres but our garden is only 10 metres long any reponse would be welcome thanks
Sorry I can't help but had to say this is disgusting ...my wife has her medical next week and so looking forward to seeing what lies they put ..let's see if they say she can walk upstairs unaided ( we haven't any ) or she drives herself to doctors ( she can't drive ) only a few of the things I've come across after reading lots of forums how many lies they tell ..really they should be prosecuted the lies they tell and get away with .
Did you have a home assessment or at a centre? Did they see the garden? I think they're probably confusing feet and metres. 20 metres = 65.6168 feet. I've seen other posts with distances quoted in a decision that were approximately three times the actual distance and I think this may be the case. Distance is very difficult to estimate so it may be that they really did think it was 60 metres if they judged it themself. As you say it's easy to prove that it is an error. I've not been through mandatory consideration but understand the original decisions aren't often overturned but that doesn't mean that wife's won't be as you are able to provide good evidence of a fact that they got wrong. It's pretty good really, they've stated that she can walk the distance of your garden and back and you can prove the distance. It would be harder if they'd said something like "I saw her walk 15 metres without pain and at a normal speed and I believe she could walk over 200 metres". It's harder to argue their opinion.
They are low life scum who think only of them self and there wages so tell lies to get what they want .but what I say is God is watching and pay back will be his ..only he judges
Hi. These assessors are on good money, surely they could get a tape measure. ( there is only one way to measure distance and that"s by measuring. ) Ta
I don't disagree. I think the reality is that very few of them will and we'll have to deal with incorrect estimates.
After reading lots of forums and comments they are not interested in anyone other than there wages ..I'm a actually going to say to the assessor that I will be getting a copy of the assessment and hop it has no lies on it as I will be taking it further if it has ..won't it go down as fraud ? Because they are fraudulently stating comments that are clearly untrue to take money from a disabled person for there own gain
They are disclaiming that what there statement is true and signing it the same as the disabled person is...if you put something on the form that isnt correct then you can be prosecuted so why can't they ?
I have just gone through this with my Pips assessment and they stated r ha t my boyfriend drives my sons to school. I sent in a copy of their bus passes. I see hin obce w a week as he lives half an hour away and goes to work at 6.30 am an hour,and a half from my sons school. She also had said that my sons help me cut up my food and help me get dressed. I then am told that no points had been awarded. I was awarded 16 points back in May last year then only 7 points by all yhese lies. It was wgen I wentvthrough the assessment I could see the lies and contradictions and took it to Tribubal stage. I had nothing to live on a single mother. So they were pushing me into working when I was in the Esa support group. I won the case in the end.
Very good point .....any false decloration should carry the same penalty
Hi the only way to get what your entitled to nowadays is to appeal through tribunal they seem to be failing every body I'm waiting to appeal my ESA and was awarded pip through tribunal till next year they called me in for an assessment last week and my pip is not up until next year that was given me through tribunal courts they are evil.you cannot be turned down for a mandatory desision.
Hi paddy, yes, my assessor lied about my medication too, said i wasn't on any at all and said i could easily walk when i can't, i proved them wrong with a letter from my gp and reumatologist, i got my decsion over turned at mandatory reconsideration.
Good luck.
Have they got the right to ask you back for another assessment if it's been given you through appeal courts ? Didn't think they could if it's been dated until next year
I've had an assessment David last week now waiting I hope they can't I. Had a yearly form and ticked my condition had got worse .
You may be interested in learning that there is currently a proposal and a call for evidence from the government regarding the down grading of the Tribunal Service. They are intending to do away with the traditional type of Tribunal and bring out a more steamlined digital version. The DWP has suggested that they be the first to have this new appeal hearing in view of the amount of money that they are paying to the MOJ for appeals against PIP and other benefit decisions. The government is sympathetic to their application especially when so many of their decisions are being overturned.
The intention is to have a system that uses Skype. There will no longer be a need for a doctor or a disability expert to sit on the panel - just a judge - much like a Magistrate Court.
The claimant will be entirely responsible for the gathering of all of the evidence in support of the appeal and sending it to the MOJ together with a fully reasoned and evidence based court submission. The Judge will connect with you via Skype and ask questions on your submission. The DWP Presenting Officer will also be on Skype (3 way discussion) to put forward the DWP's objections to the appeal.
The judge will make his/her decision based on the evidence from both sides. the written court submissions as well as the arguments and counter arguments that are made.
It is reckoned that at least twice the number of cases can be heard in a day and at less than 75% of the cost to the DWP.
I feel that the time has come for all claimants to brush up on their adversarial abilities and maybe take a crash course in Litigation and public speaking.
Hi,
This is all so worrying for those of us suffering through no fault of our own.
I wrote an email to the Director General of dwp asking for his opinion of the way disabled people seem to be guilty until proven innocent, and goalposts are constantly moved further away from genuine claimants.
They have acknowledged my email and will reply later.The problem is the DG of dwp is answerable to the Permanent Civil Servant, a pity he is not assessed by Atos, maximus,capita on a yearly basis.
Mike.
Hi Paddy
As for the anxiety medication does she get this on repeat? If so then get paperwork from your GP showing that the medication was dispensed on time every month. Then add on the MR that 'on the balance of probabilities' the medicine was taken because she was getting it on repeat prescription. This is how a Tribunal would view it.
As for her walking, what is the illness/disability that she suffers with? That's where you need to pitch your battle because the actual length of your garden wouldn't necessarily constitute 'evidence' as the assessor may have meant your wife could walk 60m which was back and forth 3 times.
It is worth mentioning the discrepancy but to be successful you need to explain why her condition affects her enough to restrict her movement to less than the 60m quoted. For a mobility car the distance has to be less than 20m.
Most claimants on PIP now have timed awards. The rules are that you can be retested at any point in the 12 months before the award runs out.
Not my rule it was part of the Welfare Reform Act.
hi jill thanks for reply the strange thing is my wife was awarded top persional rate scoring 12 points but 0 for mobility. I sent a picture of our small garden and evidence of her medication best wishes
hi mike I wrote the girl assessor knew better than specialist surgeons and doctors health workers etc about my wife's disability. its made her depressed