blooming pip what they playing at? - Page 2 — Scope | Disability forum
Please read our updated community house rules and community guidelines.

blooming pip what they playing at?

2

Comments

  • jjdd70
    jjdd70 Community member Posts: 66 Courageous
    wow still not got a date yet 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @jjdd70 thanks for the update. I suggest you ring the Tribunal service if you have the number and ring whoever is helping you to see what's happening and do let us know what's happening. You shouldn't have to wait this long when DWP and ATOS are in the wrong. x
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @jjdd70,my partner who has mental health issues has his tribunal on Thursday & like you his ATOS report is full of lies,i.e. No medical was carried out,said he read letters he had bought when in fact not even the ATOS person touched the letters. Said he understood his medication,another lie. I was advised not to make a compliant against the person until after his tribunal. I really don't know where they are getting these people from. We have been waiting since December for his tribunal 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited July 2017
    @Jayne66
     I don't know who gave you that advice. The sooner you complain the better. I Complained to ATOS straight after seeing the report and before I even got the 1st decision. Doing this has helped me all along to convince DWP the assessor's report was a load of lies. ATOS still haven't replied after a lot of letters and emails from me except to say it's at a higher level now. As that's taken ages it's even more important to complain asap. I've had 6 points added on to my claim by ATOS even after the MR decision which wouldn't have happened if I hadn't complained. Not all advice is right you have to do what you think best as every case is different. Hope that helps...
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    @jjdd70

    In some areas the wait you have had is not out of the ordinary.  I live in London and when I submitted my appeal papers in Dec 2016 I was asked to give dates unavailable for the next six months.  Therefore, I do not expect to get a hearing date until June.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    @Jayne66 Just to say that I agree with wildlife's comment above - no point in waiting to complain about an assessment! If one of your arguments at the tribunal is going to be that the report was incorrect, then it will help if you have also complained to the assessment company.

    Also, I agree with Matilda about the waiting times, but it does vary depending on where you live. jjdd70, if your forms went in February, then I wouldn't expect you to have a date before four or five months afterwards - but you just never know. You could complain to HMCTS (the tribunal service), as it's now been 3 months, but I'd maybe wait a bit longer.

    Will
    The Benefits Training Co:

  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    I really don't know what to do now,about the complaint. I guess it's a bit late now. But I did google the asssessors name & it says that she works for the mental health service that my partner is under. I have got all the paperwork in order now & reading back through the report she repeats herself on at least 5 pages. I just can't wait for Thursday to be over with. I'm unwell myself & the stress is not doing my ms any good at all
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    @Jayne66 it is not too late to make a complaint, but i would put the complaint to the back of your mind given your partners hearing is on Thursday.  Good luck with the hearing.

    It is unclear if anyone has told you about the Tribunal process so i would just like to outline a few things, so you can be prepared. There will be 3 people who will decide whether benefit can be awarded.  One will be a tribunal judge who will have a legal background e.g. solicitor, a doctor and a disability member. The doctor will be there for his/her medical knowledge and so will not be completing any medical assessment.  Someone can attend from PIP, but it is not unusual for no-one to attend.

    When you are in the waiting room a clerk will come to see you, to confirm your partners name and whether someone you will be going into the hearing as well, if so they will also take your name. They will ask if you have any more evidence. Generally all evidence should be given to the tribunal 7 days before the hearing day, but they can accept evidence on the day, if there is not too much additional evidence. 

    When you go into the hearing, the panel members will be sat down.  It is an informal process, and so there are no wigs, or standing up like you see on TV. The tribunal will tell you that they are independent and impartial.  Importantly they will tell you that they can only take into account a persons health as it was at the date the decision to refuse PIP was made.  Any changes in health after this date will not be taken into account.  

    The tribunal will want to ask your partner questions, but if they see him struggle they may turn to someone else who is supporting him at the tribunal. 

    The tribunal will want a full picture of his difficulties, as otherwise they will not have an accurate or correct picture on which to make their decision on. The tribunal will therefore ask all the questions your partners role is to answer the questions as fully and truthfully as possible. 

    Hearings can last around 40 minutes.  Generally you will be given a decision on the day. As such, you will be asked to leave the room, and then called back in, in around 15-20 minutes to be given the decision. If the tribunal are running behind they may put the decision in the post, which is not great as it means you have to wait 2-3 days for the decision.

    I do wish you all the best at the hearing, and please tell us the outcome.

    Maria

     
    The Benefits Training Co:

  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Just to say thank you so much for your advice about the tribunal Maria. He is in a terrible state & is just about speaking to me,so I don't know how he is going to be tomorrow. I will let you all know how it goes. This site has been of great help to me. Fingers crossed we will get the decision tomorrow but we do have a late appointment so I'm prepared for them to say we will get it in the post. Thank you all again 
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi everyone,just an update to let you know that the tribunal case has been adjourned because the report from the home visit by the dwp has 90% is blanked out & a very vague report from a locum who he has never seen. To say I'm furious is an understatement 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited July 2017
    Sorry to hear that, @Jayne66
      The DWP do mess people around big time.  Their department is not fit for purpose.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited July 2017
    @Jayne66
      I would go back to DWP about this and complain to them for not providing the full report to the Tribunal. Ring them and ask to speak to a senior manager if you feel able. Letters take too long. Someone else on here did this and got things sorted out. The tribunal will also be trying to get the correct documents from the DWP but ring them to check. You need to get the message across that enough is enough. It sounds like you have plenty of medical evidence without the locum report so try and put your anger into positive action to get this resolved. Threaten the DWP with legal action even if you have no intention of carrying it though. The threat is designed to kick them up the backside....
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @wildlife,I think that's what I'm going to do. The thing that's got me is the court has had all this inform for at least 2 months & have only looked at it today.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited May 2017
    @Jayne66, Just thought if 90% of assessor's report is blanked out do you have a copy of it or if not try ringing ATOS for a copy as DWP's isn't complete. Then you can tell the Tribunal you have a copy they can have. But before that I think what I would do is book a call back from a Decision Maker and when one rings use all that's happened to you including the stress on your husband making his condition worse and ask DWP to make a Decision on evidence and your claim form alone. It doesn't matter that you've had an MR they can still change it. Say if they blanked out most of the ATOS report they obviously don't agree with it now!!! Tell them  your husband cannot cope with another tribunal but keep the Appeal option open of course. If nothing else you need to find out where you stand and what happens next by speaking to everyone concerned. Good Luck. 
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @wildlife,it's not the Atos report that has things blanked out,it was from a home asssessement by a dwp worker,who was here for over two & half hours. Do you think I should still ring the dwp & ask them to look at the MR again & take the other new evidence into account? 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Jayne66 Oh so sorry. I don't know what the home assessment was by DWP? The only one they do as far as I know is to make someone an appointee? Please enlighten me as to what this was and why would they blank most of it out? I can't see any harm in asking them to look at it again. It's worth a try. I got my PIP changed by doing this and haven't had to go to a Tribunal. Provided you keep everything in place in case you still have to carry on Appealing. You have the advantage over DWP as you are the ones being messed around. Use it to your advantage. Am I right in saying you haven't been awarded anything so far? If so you've got nothing to lose. Will said it's rare for the decision to be changed after the MR and before Appeal. Well that depends how you deal with it. If you're strong and determined and have arguments for why DWP should do just that which you have then it can happen. It won't be DWP's decision but it's them that have to agree to send your husband's claim documents back to ATOS to be reviewed by a different assessor. DWP don't make the decisions so it's worth letting ATOS know how you feel by adding the latest goings on to your complaint. That will put pressure on them to do the job properly.
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @wildlife,they apparent pick an area & come home to check that you are getting what you should. This was carried out with our two support workers present. He had 11 points & she indicated that he should be getting the higher rate for the daily part & the lower rate for mobility which he had no points. Then he went to zero with the Atos assessment.I have no idea why it was blanked. Even the clerk from the court was very surprised when I said so a because of the DWP,he has to suffer more stress,to which she agreed with me.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi @Jayne66

    I am so sorry the Tribunal Hearing was cancelled.
    It sounds like you have had a terrible time with the whole process.
    I wonder if you have received a letter from the Tribunal explaining why the hearing was adjourned? If they outlined in this letter that it was to do with an incomplete report from the DWP then did the Judge ask for a time limit for the DWP to respond?
    If there isn't a time limit, then I would consider asking the person who helped you at Citizens Advice to ask the Judge to issue a 'Direction' to the DWP that they have to respond within a certain time. If you / Citizens Advice phone up HMCTS you should be given an email address direct to the team at HMCTS who are dealing with your court papers and they can make sure your request gets to a District Judge to see. You could also ask the Judge to instruct that the case is re-listed asap when the paperwork is received.
    Continue with your complaints (when you have the strength) as well as the Tribunal. I really hope you are able to get ongoing help with the case.
    Please keep us informed of your progress,
    Laura
    The Benefits Training Co:

  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited July 2017
    @Jayne66
    With hindsight may I apologise for my last post as after reading the Scope advice you are past the point of being able to change the decision now you're at the Tribunal stage. You've got enough to do to sort out another Appeal date and carry on complaining without anything else. Is there any news?
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @wildlife,we have just received the letter saying about the adjournment & it says due to poor coping by the dwp. It also says that there will now be a presenting officer from the dwp at the tribunal now. Was wondering if this is to do with coping of the report? I have spoken to our support workers about this & they have all said that it's basically tampering of a legal document. What does anyone else think? 

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.