- Posts: 51284
× Members
PIP APPEAL
- porcorosso
- Topic Author
10 years 7 months ago - 10 years 7 months ago #125025 by porcorosso
PIP APPEAL was created by porcorosso
I had the misfortune in June to attend an appeal hearing. In advance I booked the only available disabled space in the courts car park.
To cut a long story short it was an exercise in railroading. Unannounced a legal representative of the DWP appeared. She did not introduce herself as such until she had had a good chat to the appellants present who were all unaware of who she was and why she was there. Eventually she revealed who she was representing, at which point the air got a little chilly. She explained that she was merely there to monitor proceedings so she could report back to the DWP. In the court she is not allowed to ask the appellant questions.
My case was lost before it started because I had to walk (at length, slowly in pain, taking rests). This was because there was no parking at the assessment centre. I used the nearest available disabled space. On my assessment the health professional, who WAS NOT present when I arrived, noted that I had walked there. I showed no signs of breathlessness or distress. This is correct, except she didn't mention that I sat for half an hour in the waiting area. On arriving the receptionist rushed round the counter, helped me to a seat and got me a drink of water. This as not mentioned.
In the hearing it was plain that the panel did not believe my version. They were helped in this by the supposed observer quizzing me about how I got to court. She had previously stated she could not question me, nor do I think she is allowed to lead the panel in a particular direction. The medical panel member actually asked me' apart from the pain you suffer walking what is it that stops you walking '
So here are some tips for other claimants.
1. The medical assessments are edited and re written to ensure a fail wherever possible. Mine was sent back to the original assessor to beef it up. This took seven months. I am sure this is going on all the time.
2. The DWP will make NO APPROACH to any medical or care organisation about you. The onus is on you to spoon feed them every scrap of info. Having asked for details for me I naively assumed they would contact the medicalrofessionals who manage my health. Be Warned!
3. DO NOT attend an appeal unaccompanied no matter how you feel. If you can
LEave home unaided your claim will be refused.
4. The DWP representative will try to sit next to you in the court as if they are your friend. Politely ask them to move away, unless you can read their notes. Be aware that some sort of briefing of the panel has taken place by the legal representative.
5. The word of the health professional who carried out the assessment is given more weight than anything else, so far as I can tell.
I was deeply hurt and offended by the whole episode. I was viewed as a scrounger and my word stands for nothing. I've never lied or misled on any benefit form. I cannot describe my fury at being treated so badly.
I will not be applying again until I have a leg amputated. I would welcome the opportunity to spend five minutes in a locked room with I D S. In fact I probably only need 60 seconds.
To cut a long story short it was an exercise in railroading. Unannounced a legal representative of the DWP appeared. She did not introduce herself as such until she had had a good chat to the appellants present who were all unaware of who she was and why she was there. Eventually she revealed who she was representing, at which point the air got a little chilly. She explained that she was merely there to monitor proceedings so she could report back to the DWP. In the court she is not allowed to ask the appellant questions.
My case was lost before it started because I had to walk (at length, slowly in pain, taking rests). This was because there was no parking at the assessment centre. I used the nearest available disabled space. On my assessment the health professional, who WAS NOT present when I arrived, noted that I had walked there. I showed no signs of breathlessness or distress. This is correct, except she didn't mention that I sat for half an hour in the waiting area. On arriving the receptionist rushed round the counter, helped me to a seat and got me a drink of water. This as not mentioned.
In the hearing it was plain that the panel did not believe my version. They were helped in this by the supposed observer quizzing me about how I got to court. She had previously stated she could not question me, nor do I think she is allowed to lead the panel in a particular direction. The medical panel member actually asked me' apart from the pain you suffer walking what is it that stops you walking '
So here are some tips for other claimants.
1. The medical assessments are edited and re written to ensure a fail wherever possible. Mine was sent back to the original assessor to beef it up. This took seven months. I am sure this is going on all the time.
2. The DWP will make NO APPROACH to any medical or care organisation about you. The onus is on you to spoon feed them every scrap of info. Having asked for details for me I naively assumed they would contact the medicalrofessionals who manage my health. Be Warned!
3. DO NOT attend an appeal unaccompanied no matter how you feel. If you can
LEave home unaided your claim will be refused.
4. The DWP representative will try to sit next to you in the court as if they are your friend. Politely ask them to move away, unless you can read their notes. Be aware that some sort of briefing of the panel has taken place by the legal representative.
5. The word of the health professional who carried out the assessment is given more weight than anything else, so far as I can tell.
I was deeply hurt and offended by the whole episode. I was viewed as a scrounger and my word stands for nothing. I've never lied or misled on any benefit form. I cannot describe my fury at being treated so badly.
I will not be applying again until I have a leg amputated. I would welcome the opportunity to spend five minutes in a locked room with I D S. In fact I probably only need 60 seconds.
Last edit: 10 years 7 months ago by . Reason: Tick.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
10 years 7 months ago #125032 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL
porcorosso
I am sorry to hear that you have lost your appeal and I can certainly relate to your disappointment with this result,.
I can also understand how you might come to your conclusions about the process, but I am afraid I have to disagree with all of the points you raise, whilst aspects of these problems may have occurred in your case, to suggest that they apply to all claims is simply not the case.
Gordon
I am sorry to hear that you have lost your appeal and I can certainly relate to your disappointment with this result,.
I can also understand how you might come to your conclusions about the process, but I am afraid I have to disagree with all of the points you raise, whilst aspects of these problems may have occurred in your case, to suggest that they apply to all claims is simply not the case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David