Pip eligibility

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  • Muttleythefrog
    Muttleythefrog Posts: 19,711
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    edited 14 March 2017 at 10:14PM
    No doubt there are 1000's of claimants like me in the same boat.. My postings can only but help them too.
    My failings? All I have ever done is to seek advice from professionals. I ended up with the JC completing the claim form. I cannot think of one thing that I could have done but didn't by choice.
    On evidence... claimants can only use what evidence they have that is ideally recent and suitable to demonstrate the problems they have.. especially useful if descriptor relevant. The general advice to claimants would be to keep a good ongoing relationship with any HCPs involved with their treatment or care and get copies of all related documents... potentially maintaining relationship for future favours of specific report writing for benefit claim evidence (hit and miss.. but some will get lucky). Obviously though in many cases there may be no need to remain in touch with medical professionals. Not ideal but not necessarily a problem for a claim... you use what you have and make as strong an application as possible. You try to get as many cards in your hand as you can... and then play your best hand.

    Advisors should act in your interest if they're advising you.. but at the end of the day the claimant is responsible for their claim (unless some legal authorities exist otherwise). The need to constantly blame those who advised you won't help you. I've had poor experience with CAB.. when I claimed DLA... I felt the advice was poor and the advisor amateurish. Fortunately I was able to see some flaws and address them. There's no guarantee advisors of the sort we're talking will be able to do a good job.. but for the majority of claimants who feel unable to handle these things at a good level themselves... they may be extremely useful and appeal success rates (when they are often involved) imply often invaluable. For the most part they will have substantially more expertise than claimants. I cannot comment of Jobcentre staff!

    Your postings are often not helpful at all... they seek to derail the claims of others in a subtle way... it's nothing new. The catastrophes of your own claims (according to you) should serve as lessons to others (even if untrue). On one hand you want to advise claimants.. but your own actions imply you feel incapable of the most basic submission for your own case... you passed the buck to others and didn't chase up or check their input. Your PIP2 form looked dicey to you but you signed it and didn't even take a copy leaving you now waiting to discover what was on it.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Ron2017
    Ron2017 Posts: 34 Forumite
    Yeah same boat here... think someone with understanding of what has happened here is necessary... it sounds like the appeal wasn't against the PIP decision as such but the DWP claim of failure to comply with process which led to claim failure. This is territory I don't know anything about if so.

    My claim was disallowed as i did not attend the medical assessment. I appealed against that and it went to tribunal which was found in my favour. I am very sure of these facts. It was certainly a tribunal, in Sutton if memory serves me correctly.
  • Muttleythefrog
    Muttleythefrog Posts: 19,711
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    edited 14 March 2017 at 10:54PM
    Ron2017 wrote: »
    My claim was disallowed as i did not attend the medical assessment. I appealed against that and it went to tribunal which was found in my favour. I am very sure of these facts. It was certainly a tribunal, in Sutton if memory serves me correctly.
    If you get no advice... and haven't already done so then contact the DWP PIP number. I would have thought by now you'd have received some response from DWP following your tribunal success... and given previous events you couldn't rule out that going astray. Definitely I'd see what their records are saying on file. If that leads to no joy then presumably you have your appeal judgement and could send a letter with copy to DWP asking what they intend to do. But someone hopefully around here has experience of what appears to be an appeal (successful) against the DWP determination you failed to attend appointment after being invited.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Ron2017
    Ron2017 Posts: 34 Forumite
    If you get no advice... and haven't already done so then contact the DWP PIP number. I would have thought by now you'd have received some response from DWP following your tribunal success... and given previous events you couldn't rule out that going astray. Definitely I'd see what their records are saying on file. If that leads to no joy then presumably you have your appeal judgement and could send a letter with copy to DWP asking what they intend to do. But someone hopefully around here has experience of what appears to be an appeal (successful) against the DWP determination you failed to attend appointment after being invited.

    I did actually have a call from dwp that i had forgotten about. He confirmed my appeal was successful and that they have 28 days to appeal, he also asked my bank number. I remember going off on a little rant about how is was ridiculous to get to the tribunal stage, without having the cheek to appeal it. He rang me back half an hour later saying they would not appeal. I haven't heard anything since. I did ring ATOS though as wanted to make sure they did not mess up again and they offered me an appointment in Ilford in two days time. I asked if they realised how far that is from me and i have not heard anything since.
  • Muttleythefrog
    Muttleythefrog Posts: 19,711
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    edited 15 March 2017 at 12:21AM
    Ron2017 wrote: »
    I did actually have a call from dwp that i had forgotten about. He confirmed my appeal was successful and that they have 28 days to appeal, he also asked my bank number. I remember going off on a little rant about how is was ridiculous to get to the tribunal stage, without having the cheek to appeal it. He rang me back half an hour later saying they would not appeal. I haven't heard anything since. I did ring ATOS though as wanted to make sure they did not mess up again and they offered me an appointment in Ilford in two days time. I asked if they realised how far that is from me and i have not heard anything since.
    Yes they could have presumably appealed on an error in law to upper tribunal.. it happens but not usually. So the DWP accept the tribunal outcome. But I am concerned a little you are apparently directing ATOS HC to carry out a PIP disability assessment rather than the other way around.... did they contact you at all to arrange an assessment following your appeal success? If not... this seems irregular. You may well have 1 opportunity to rearrange.. and it sounds like there may be a closer venue. Contact them is my advice... you're on the verge of assessment... if unsuitable tomorrow may be last chance... but for goodness sake do attend if you can't rearrange... and be prepared best you can.. with sound awareness of relevant disability descriptors that apply to you and how you will describe your difficulties in relation to those activities.

    As a side note.. I would strongly advise writing down basic details of any contact you have with DWP or ATOS HC and take copies of anything sent.

    It is deeply unfortunate the thread has thrown many of us off beam here... it looked at the outset to be an enquiry about potentially getting PIP while awaiting assessment that has been delayed for some reasons... now we seem to be post-appeal regarding decision you failed to attend assessment thus don't qualify.. (with a currently ongoing successful claim for ESA in background)... and now it seems you've prompted the arrangement of an ATOS assessment to get the claim back on track following that successful appeal. You appear on the verge of an assessment that you seem unclear about whether is going to go ahead because it is so far from home. If there is any misunderstanding here it is imperative you clarify otherwise any last ditch advice you get could be pure rubbish.

    I'm also a little concerned you apparently received a call asking for your bank details... I would have thought the DWP would have been supplied that already and given no payments are due they would have had little need to ask again.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • NeilCr
    NeilCr Posts: 4,430
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    I am struggling with this

    Do you still have the tribunal papers? If so, perhaps you could contact them to find out what is supposed to be happening

    Otherwise, unless anyone else comes along with some more insight, I would, as I suggested earlier, go into CAB or similar with any paperwork for help with clarification of your situation
  • Ron2017
    Ron2017 Posts: 34 Forumite
    Let me start again as this is getting very complicated.

    I applied for pip in April 2016, actually after a nurse told me i should be getting it. After everything i have read about ATOS i was not going to bother but though the esa people may think it strange. To be honest I am surprised i have received ESA for so long without them once enquiring more about my condition.

    Forms went missing according to dwp so had to fill them out again. Hence why this has all took so long.

    Received a letter from dwp in November saying claim disallowed as failed to attend interview with ATOS. Mandatory reconsideration failed but won at tribunal.

    Man from DWP called and asked for bank details after telling me about tribunal decision etc. He was definitely from dwp and i am 100% sure of this.

    Rang ATOS to make sure there would not be another mistake and they offered me an appointment in Ilford in two days(not two days from now but two days from when i rang). I told them there is no way I'm going there. Even if i do venture out it's not far as pain/dizziness can hit me at anytime. Ilford is in Essex and i live in the suburbs of south east London, so quite far really.

    Sorry for the confusion.
  • bspm
    bspm Posts: 541
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    NeilCr wrote: »
    The problem is that he says things that are incorrect which if not commented on could cause problems for other posters.

    I believe that it was suggested that if we all kept quiet he had been reported and he would likely get a ban. Whether he should or not is open to discussion but that didn't happen

    Totally agree re him giving wrong advice, that's why I asked him to shut up many posts ago.

    Some are feeding him, arguing with his 'experiences' , obviously if he gives wrong advice he needs correcting.

    However when he starts with his diatribe maybe we could just type

    ^^^^Utter rubbish, ignore^^^^^^

    ;)
  • Muttleythefrog
    Muttleythefrog Posts: 19,711
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    edited 15 March 2017 at 1:19AM
    Ron2017 wrote: »
    Let me start again as this is getting very complicated.

    I applied for pip in April 2016, actually after a nurse told me i should be getting it. After everything i have read about ATOS i was not going to bother but though the esa people may think it strange. To be honest I am surprised i have received ESA for so long without them once enquiring more about my condition.

    Forms went missing according to dwp so had to fill them out again. Hence why this has all took so long.

    Received a letter from dwp in November saying claim disallowed as failed to attend interview with ATOS. Mandatory reconsideration failed but won at tribunal.

    Man from DWP called and asked for bank details after telling me about tribunal decision etc. He was definitely from dwp and i am 100% sure of this.

    Rang ATOS to make sure there would not be another mistake and they offered me an appointment in Ilford in two days(not two days from now but two days from when i rang). I told them there is no way I'm going there. Even if i do venture out it's not far as pain/dizziness can hit me at anytime. Ilford is in Essex and i live in the suburbs of south east London, so quite far really.

    Sorry for the confusion.
    No worries. But when was the ATOS appointment due? It's unclear as to whether the expectation is you're making a new appointment with them (as the location proposed is too far away) or if you're going to land up with a potentially new issue of failure to attend although 2 days notice isn't sufficient.. they should give 7 days notice I understand otherwise you'd be able to accept shorter if you were happy to do so. You expressed unhappiness so I presume this was not a formally arranged appointment at any time... but again... we're blind to things here.. this is a confusing claim.

    On the ESA they may be stalling on reassessment due to backlogs... I was due a year ago for reassessment but likely they've just let it lie for another 3 years... you may be facing similar. You don't detail your ESA claim.. it may be that details of why you qualify for that could be useful and any underlying reports. PIP criteria is different but it looks like DWP concluded significant disablement for ESA. I would be wanting to get hold of any reports that are in play for ESA award... but like I say if you've imminent assessment for PIP you may not have time for great preparations and plans at this point.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • GlasweJen
    GlasweJen Posts: 7,451
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    Ron2017 wrote: »
    I was booked referred to one about four years ago but then i was sent off in a different direction. But no doubt they will get around to it, to be honest it's the one test i dread as i feel dizzy enough as it is, without them trying to make me dizzy.

    It won't necessarily make you dizzy, mine knocked me unconscious within 9 minutes but it got the answers. A lot of doctors these days will go straight to LINQ or REVEAL devices and by-pass HUTT testing as it's seen as primitive but it gets the job done.
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