× Members

Nothing is simple

More
10 years 2 months ago - 10 years 2 months ago #131239 by Rumplestiltskin
Nothing is simple was created by Rumplestiltskin
Hi
My first post but have been "lurking" for some time:
My wife was badly assaulted at work some years ago which has left her with skeletal problems giving her mobility issues and she had to give up work. She was on IB then went through the usual rigmarole before being placed in a WRAG with her benefit (Contribution based) being cut off after a year. During this, she was diagnosed with heavy metal poisoning as a result of "metal on metal" hip joint work. Although the poisoning has no bearing on her current mobility issues, the hip joint has to be replaced and along with that she has to decide whether or not to have an operation on her lower spine with the prognosis that it may or may not work and there is a 50% chance it will make her condition worse. A new hip joint will have a life expectancy of 10 years or so and another replacement operation will then be needed while we are not getting any younger. She agreed with the consultant that she would wait for a year and struggle on before making a final decision although scans reveal her other hip is now showing damage. She cannot walk more than 50m and slopes are a killer for her , she needs help getting dressed, cannot manage saucepans etc etc. - all of which were declared. That's the potted history although there is obviously much more.
When she was put into the WRAG, she appealed. It took an inordinate amount of time to go through the process. I represented her. The Atos paperwork was full of errors (lies would be a better word, though) and even had her under a different name. God bless this site because, although I made reference to the lack of care ATOS had shown with the paperwork, my main points for the appeal were confined to (a) that there was not a single descriptor score in any DWP paperwork (b) a consultant's examination took place within two days of her medical assessment and his report was completely at odds with the ATOS doctor on the same subjects and (c) I asked what were the DWP staff qualifications held to allow them the competence to assess any risks to my wife with work placements.
The Tribunal instructed DWP to specify what work related activity my wife was found to be capable of without substantial risk to her or others. The Tribunal stated that they had to consider Regulation 35. The DWP response was somewhat woolly to say the least including the phrase "It is not possible to give details of the exact work-related activity that the appellant may be capable of."
Eventually, my wife and I both had to give evidence in person. The hearing was very stressful, the judge and the medical professional was extremely thorough and my wife and I were both of a mind that we had lost. The judge asked if my wife was in receipt of DLA which was answered "No" and the judge said "Claim it." (We haven't yet as I am still studying all the info on this site as the subject seems to be a minefield.) The judge told us at the end of the hearing (after a short adjournment) that we had won the appeal.
A couple of weeks later came the brown envelope saying my wife had been put into the Support Group. The same week DWP paid over £7,000 into her bank.
However, the Tribunal paperwork said that her case should be reviewed in three months. That time has long since passed. Is it safe to assume that she is now in this backlog of cases which is frequently mentioned? One of the reasons we haven't pursued any other benefits is that I don't want to "pull a trigger" (note - we would automatically fail any means test.) Also I fear that having no more consultant appointments for some considerable time could cause confusion as they could say it is her choice not to have the surgery. I am just going to sit still and do nothing until poked by DWP unless there is a better suggestion? Oh, and if I haven't already mentioned it, this site is fabulous and exceptionally well laid out giving me the guidance and confidence to challenge the system.
Last edit: 10 years 2 months ago by . Reason: Tick.

Please Log in or Create an account to join the conversation.

More
10 years 2 months ago #131260 by Gordon
Replied by Gordon on topic Nothing is simple
Rumplestiltskin

Congratulations on the Tribunal result and thank you for your comments on B&W.

Re-assessment periods recommended by the panel are just that, recommendations, they are not binding on the DWP. The only way that you will know for certain when your wife will likely be re-assessed is to call the DWP and ask, the information is available on the computer system so it can be dealt with by the call centre staff without any reference to the back office.

DLA is no longer available on the UK mainland, it has been replaced by PIP, whilst we are aware of ESA reports being used to make an award of PIP we have not seen them used to disallow one. Also, we have not seen a PIP Decision used to remove or even re-assess an ESA award.

If you want to have a look at the PIP guides they are on the following link

www.benefitsandwork.co.uk/help-for-claimants/pip

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.

More
10 years 2 months ago #131293 by Seth Laa
Replied by Seth Laa on topic Nothing is simple
Hi, just to advise you that if you claim PIP and are successful it is NOT means tested. Good luck from Seth Laa

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.