Severe disability payment and PIP refusal

Tasha2587

Hi guys, looking for some help. This might be a long one so please bear with me!
Lets start with severe disability payment. I'm currently receiving esa support group, and have been since May 2017. Recently i received a call saying i shouls be entitled to more money - specifically severe disability payment. I went through the form and am waiting for a decision. As far as i have managed to find out i am entitles to this, as during the whole time on esa support group I've been receiving standard living PIP, noone has ever received carers allowence, and no adult has lived with me. With this in mind will i then be backdated to May 2017? I also recently received a letter as i do from time to time with my payment breakdown from esa. I receive an extra disability amount at £17.10 and and extra £33 for being in the support group  but nothing mentioned about the severe disability.

Secondly my PIP renewal. I had my telephone interview and have received a letter saying i now do not qualify. I went from receiving standard daily living and mobility, to receiving 0 for every single point! What the assessor wrote as justification is completely wrong and not at all what i said. She said my pain medication has been reduced (it's not its increased) my anti depressants and anxiety meds have been reduced (its not they have increased) i am now able to walk 200 metres with no issues (i cannot and actually now use a walking stick) as well as other issues which i didn't have during my last review when they awarded it to me (for example i am now under emergency psychiatric care). I've put in for a mandatory consideration but I'm so stressed and worried about it! It has totally destroyed my mental health to the point I'm under supervision as i am close to just ending it all! How can the assessor blatantly lie about most of the things i told them? I assume i can get a transcript of the telephone call? Are they recorded? Just before Christmas this happens, I'm in bits! What ive researched mandatory consideration usually doesn't overturn the decision and i would need to appeal and go to tribunal. How long would this take? Is there anything else i can do? And also will this now affect my current esa?

Sorry for the long winded post but I'm so stuck!

calcotti

1) It’s called Severe Disability Premium. It should be backdated to the date you became eligible. Entitlement will stop now that your PIP has stopped but will be reinstated when/if you get PIP Daily Living reinstated.

2) DWP have got better at looking properly at MRs so you may get a revised decision. Were you able to provide additional evidence? It doesn’t affect the basic ESA but does mean you no longer have entitlement to the SDP.

Tasha2587

I am wondering if it will affect or slow down my back payments? As i was contacted about the premium and what extra i would receive going back to 2017 literally 2 days before receiving a letter saying my PIPs now been refused.

I didn't send in any extra evidence as i assumed they would receive this from my doctors? Which they did when i first put mý claim in and it was successful. Silly me, i thought they could see corroboration from what i said during the interview and on my form, from my doctor and my medical records  

At the moment the psyciatric unit are figuring out where best to place me in regards to treatment, as there are a lot of issues to work through what would be best for me. So i am under them, but as yet do not have a specific, dedicated personor treatment, apart from the myriad of pills i am currently on.

I'm just confused how the assessor could mess up so poorly, everything in her notes on all points are false and not what i told them. Makes me feel that I'm stupid and messed up some how?

poppy12345

The decision made on your recent PIP will not have any affect on the backdated money you maybe entitled to.

They very rarely contact anyone for any evidence, although they did for you the first time, you should never rely on them doing this. It's the claimants responsibility to prove you qualify and not theirs.

You really don't need a copy of any telephone recording because this isn't going to get you a PIP award. What will get you a PIP award is evidence to prove you qualify.

As you've already sent the MR request all i can say at this point is, if the decision doesn't change then come back and someone will advise you further regarding the Tribunal.

calcotti

If there is any additional evidence you can provide send it in.

Tasha2587

Will that help the mr decision? I've sent all evidence in with a statement from my friend who helps ne stating all the points that were incorrect. Or is it a case of that will only get looked at if it goes to a tribunal?

calcotti

Tasha2587 said:

Will that help the mr decision? I've sent all evidence in with a statement from my friend who helps ne stating all the points that were incorrect. Or is it a case of that will only get looked at if it goes to a tribunal?

The DWP should look at any additional evidence you have sent as part of the MR. sounds like you have done what you can. 

Spoonie_Turtle

There's nothing I can add to the excellent replies about the actual MR.  However I will say: don't take the assessor's report personally (even though it feels very personal! I know).  It's very common for them to either lie - or 'make inaccurate observations', if you have to raise the point about the report specifically - or to say that a claimant can't possibly be as ill as they state.  Some of the assessors do their jobs well and some of them should have no place interacting with vulnerable people, let alone making such serious decisions about them.

You can make a complaint to the assessment service if you wish, but it is a separate issue from the MR and should be dealt with as such - but to be honest, if you make a complaint the most you'll likely hear back is that they 'take your feedback seriously, will investigate and take any appropriate action if need be'.  So it depends whether the process of complaining and getting it officially off your chest will help you let it go or not, because if not then the best thing is to try to understand and accept that it's not just you, it wasn't personal, and to devote your energy to getting the right decision.

Of course I wish you the best with your MR, and I hope you get someone who does take a proper look at it and make the right decision

Ceegee79

You could also try to engage with welfare rights, if that’s at all possible. They are a really good voluntary service with people that specialise in benefits and may be able to help you.

Alice_Holt

Spoonie_Turtle said:

However I will say: don't take the assessor's report personally (even though it feels very personal! I know).  It's very common for them to either lie - or 'make inaccurate observations', if you have to raise the point about the report specifically - or to say that a claimant can't possibly be as ill as they state.  Some of the assessors do their jobs well and some of them should have no place interacting with vulnerable people, let alone making such serious decisions about them.

      Totally agree with this. 
     I'm involved with my local Citizens Advice, and we see a lot of assessments that have been subject to nonsensical cut and paste. We also see the usual stock phrases again and again.  Please don't take it personally.

    In fact, it is possible such a flawed report will help you get the decision overturned.  

   Some helpful sites on PIP appeals:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/
https://www.rethink.org/advice-and-information/rights-restrictions/money-benefits-and-employment/personal-independence-payment-pip/
https://www.benefitsandwork.co.uk/personal-independence-payment-pip

Tasha2587

Thank you all for your advice. Guess its a wait and see on this MR. I will keep you informed on outcome/ more advice if tribunal needed.

Think i will also put in a seperate formal complaint about the assessor, as it is blatantly the wrong information to what i actually gave her during the interview. Really think they need more training, or specific assessors for different areas as i have found the whole thing mentally and physically draining!