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DWP rang, no loss, partial victory.

wildlifewildlife Posts: 603Member Chatterbox
Hi Everyone, Had a phone call from a DWP decision maker. After sending my claim back to ATOS again for the 3rd time they have changed my Mobility to the higher rate. This came about because I had complained to ATOS about my Assessment report and had carried on writing and sending in new evidence. I asked the DM lots of questions today and was told it wasn't based on the new evidence but old information that they've had all along. That's evidence the  assessor should have looked at and taken note of in her suggested scores right at the beginning. They won't budge on DL which is at standard rate but I got info. I needed for the future which I'll pass on to you as it may help someone. I told her I'm waiting for an OT to do a home assessment and would that be accepted as evidence if it shows I need help from another person to shower.She told me it would and if it showed I had the problem at the time of this claim they could look at it and add it on but the whole claim would be looked at again with the risk of losing other points. This is what needs changing. You shouldn't have to fear losing something you've only just got when new evidence is sent in. OK next question was if my needs changed in the future would I have to start from scratch with a new claim and the answer was yes even maybe have another f2f assessment and again risk losing what I've got. She mentioned appeal but I said I didn't want to do that. I thanked her for what they'd offered. 
              I've got an MRI scan booked on my right foot with a follow up appt. in Orthopaedics at the end of May and I need to see a neurologist for post car crash nerve damage but fear is stopping me until I find out more about what they're likely to do, what tests are involved etc.But that can wait for now.
              I'm very happy and can now concentrate on the complaint and checking my assessor's qualifications for which I'll start a new discussion when there are further developments.   

Replies

  • MatildaMatilda Posts: 964Member Chatterbox
  • wildlifewildlife Posts: 603Member Chatterbox
    @Matilda Thanks. Good Luck with your appeal. Have you got a date yet?
  • JusticeJustice Posts: 144Member Chatterbox
    @ wildlife. good for you! it does help to complain. We also have a complaint in about the assessment form, and the unprofessional, dishonest way it was completed, also about the fact that the silly devil actually contradicted himself. I despair of these people.

    We still wait for MR decision, and it is stressful in itself wondering if the 'phone will ring, or as today, wondering if it will ring when I am sitting in the Dentist's chair, and so miss it.

    no matter what the decision is, even if it is a good one we will not drop the complaint, that is a different issue, and if we get no joy from CHDA, and so far we have only had waffle, then we will take it to ICE.


  • MatildaMatilda Posts: 964Member Chatterbox
    No, @wildlife.  When I sent in my appeal last December I was asked to give unavailable dates for the next six months.  Recently, I asked for my hearing to be moved to another court, so this might delay it further.

    I asked for the venue to be moved because the tribunal holds its hearings on the 4th floor!  So, of course, I would not be able to evacuate the building quickly in the event of an emergency.   Not exactly logical to hold disability benefits appeals on the 4th floor.


  • wildlifewildlife Posts: 603Member Chatterbox
    Hi@justice, Do hope you hear soon. It's so nerve wracking waiting to hear. I can now concentrate on the complaint which I will post about when there are any new developments. Today will help as the new offer has shown the assessor did not read any medical evidence before writing her report.
            In the meantime I'm celebrating with a dish of hot porridge and dreaming of hot water running from the tap and being warm this winter. It's that basic. 
  • Sam_ScopeSam_Scope Posts: 2,174Administrator admin
  • wildlifewildlife Posts: 603Member Chatterbox
    @Sam Thanks. I'm really pleased and finding it hard to stay motivated to carry on with the investigations into my assessor's qualifications and the ATOS complaint. I keep telling myself that what has happened is only part of what I was trying to do.The evidence that has finally been used to change my award for Mobility was available at the time of my assessment and there was so much of it. It wasn't just a little sentence hidden amongst the rest. The assessor could NOT have even glanced at my Medical history as all the way through going back 46 years there are references to engagement with the mental health services and she was handed a bundle of IAPT reports at the assessment that were mentioned on her report but not even looked at. It answered a question I kept asking about Psychological Distress being accepted for planning a journey if it is based on a long standing mental health condition or mental illness. The answer is yes as that's what made the difference. I am writing to ATOS with an update to add to my complaint and continuing my contact with HCPC regarding whether I can report my assessor for Fitness to Practice. I'm still waiting for their FOI dpt. to get back to me with her qualifications. 
                  There's also the question of DL evidence still not being accepted presumably because ATOS still won't admit the physical exam. results were wrong. However the DM yesterday said if the ATOS complaint changes anything they would still be willing to look at the DL scores again. So it is well worth complaining a.s.a.p. after your assessment as it will affect the attitude of the DWP staff looking at your claim.
  • JusticeJustice Posts: 144Member Chatterbox
    @Wildlife. I love Porridge :-). Do keep on with your complaint no matter what else happens. I know it is very exhausting, but it is time these People were brought to account. If I won the Euromillions I would take them to court for fraud, certainly my Husband's assessment is a fraudulent document.

    One other thing which drives me almost insane is that the DWP, and the assessment people both have letters of authority to speak with me on the 'phone. Hubby is profoundly deaf since birth and never uses the 'phone.

    it proves they do not read or take notice of anything, because without exception any time they call, even if it is the decision maker they ask to speak to HIM.
    Sometimes I feel like pulling my hair out.
  • sue66sue66 Posts: 20Member Whisperer
    Oh @wildlife what ever next!  how exasperating  and annoying too. No wonder you feel like pulling your hair out!

  • wildlifewildlife Posts: 603Member Chatterbox
    edited April 21
    @sue66 I think you mean @justice? I will keep on with the complaint especially as I've been going through the assessment report this afternoon having not looked at it for a while. I notice that a lot of what was written in the History of Conditions section is either changed or not used at all for the reasons low scores are given. And things like "she reported to have pain in her hands on standing" and "sitting in a hard chair she feels she is more aware of the pain in her feet" make me laugh. So I stand on my hands and sit on my feet do I?  Maybe she was dreaming of the wonderful holiday she went on shortly after my assessment (info. on Facebook).
            @justice I know what you mean about the appointee problem. I was made appointee for my son in 2011 after a home visit but DWP still kept sending letters to addressed to him. He doesn't live with us now but they kept ringing our number and asking for him. The last straw was when they sent loads of documents back to him with info. and even photos of damage he'd done in the past, fortunately he didn't open it. I got my MP to ring them and finally they got the message. At least your hubby is at the same address.            
  • JusticeJustice Posts: 144Member Chatterbox
    @ Wildlife. yep he is at the same address, I didn't kick him out just yet, although I came close yesterday when I found him in the garden on a STEPLADDER grrr, he can fall easily on level ground. I am afraid I told him if he didn't break his own neck I may just do it for him, lol.

    Seriously though the letters go to him, he is ok in his mind so far ( apart from the odd stepladder incident). It is just the 'phone he can't use, nor can he type or write legibly anymore because of the PD.
    Still not heard anything, but at least I can awitch off for the week end, and not keep staring at my mobile because DWP is closed !!
  • JusticeJustice Posts: 144Member Chatterbox
    awitch = switch, sorry
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