Husband refused PIP

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Sandra - thank you for the advice. I didn't write that my husband read the letter and approved it, I wrote that I read it to him as that is the truth and didn't think to say it any other way really. I hope they don't further twist my words!

Just an update. I have since become my husband's appointee, although DWP are so far not acknowledging that. I sent off a very thorough MR request and whatever evidence I could get hold of at the time soon after the decision. It's quite frustrating, because my husband burned all his paperwork in anger a while back and getting hold of any more medical records is proving difficult. The GP said that DWP will phone them for evidence, which I know to be untrue.. why would they do any running around for us, ey? So I am still fighting to get hold of some paperwork to send in as additional evidence, because as thorough as I was I feel like their default position is "everyone is lying" unfortunately (funny, given that they, or rather Atos, are the actual liars!).

So far DWP have acknowledged they have received the MR request on the phone, but have yet to hear anything else. The wait is excruciating, but I am fully prepared for the prospect of going to tribunal because I am not feeling very optimistic at this stage.

I have also made a formal complaint against the Atos assessor after receiving his notes in the post. It has so far been acknowledged but there is a 20 day process before any decisions are made as a result of it. I am not expecting them to do anything about it really, but wanted to be heard at least. I am more angry that he laughed at some of what my husband said, I find that incredibly disrespectful and should not be allowed to happen.

I have received two letters saying my carer's allowance has stopped, as if they like to rub it in! It's very upsetting having no monetary support for a job I am still very much doing every day. I am having days where I feel completely hopeless about life and the rotten system we have to put up with. Disabled people deserve better than all of this, and so do us carers.
They do seem to like to rub it in don't they?! I have plenty of four letter words for the DWP! They seem to treat disabled people and carers like they are expendable. It disgusts me. Sorry, now I am ranting! Lol

Any further news on your husband's claim?

Thinking of you and sending a hug x
Just to update since asking for MR : I went to see my local MPs Office, who I must say has really been great and we have had a decision : I did not know that they can get access to DWP much easier than joe public it only took a week to get answer so if anyone is struggling go see your MP.

DWP have now reconsidered and awarded my husband standard care rate, but totally ignored his mobility needs thus he loses the Car and will not receive any award for mobility. The Car has now been returned and we are dependant on friends to get us about until we can get a Car of our own.They have also reinstated my Carer's allowance.I feel this is just a joke they are giving my husband the bare minimum hoping we will be grateful and go away, but this money of which is 55 a week will be swallowed up in keeping a Car legal and petrol etc, when we get one ,so its not going on his care needs of which it is supposed to be used for.

I am now going to appeal to tribunal as reading the latest decision maker report it still bases it on the previous ATOs Accessor report of which was not truthful and have ignored the fact/evidence supplied he has chronic back pain due to Degenerative Disc disease and Osteoarthritis of the spine & COPD of which was reason he was given DLA in first place 10 years ago long term, having had 2 discs removed this has left him with condition called flatback syndrome flat back syndrome, a loss of normal lumbar curvature causes an imbalance of the spine. This imbalance cause's muscle fatigue and pain. He is on very high levels of pain relief namely Fentanyl Patch 3 times as strong as morphine of which he has already been treated with for several years and had to be changed as not only was he addicted it was not working and causing even more health issues, his weight now has dropped to 7st 3lb and he is considered grossly under weight. I am really scared I will lose him and finding it hard to fight not only the DWP,but feel helpless to help him.

I am confused annoyed and really struggling to understand how these people can make such decisions and keep using the same excuse " no new evidence was supplied" What more do they need I have sent so much and asked them to contact doctor or consultant of which neither times did they bother. I am so frustrated it is taking a toll on my health trying to cope, this is so wrong in so many ways putting sick vulnerable people through all this.
PIP is being managed by a commercial company. They have no access to any earlier DLA/AA records whatsoever. The person looking at the details provided is not there to decide whether they are correct or not. They just look for certain "buzz words".
When ATOS looked at my own DLA claim doctor's report, he'd written that I could walk 300 yards from the disabled car park to Waitrose. The person dealing with the claim immediately rejected it, because the limit at that time was 100 yards. If I could walk more than that pain free, I was not entitled. The person handling the claim didn't think it was odd having a disabled car park 300 yards away. In fact it was six feet from the wall of the store.
It took a few appeals and phone calls to get this sorted out, but I was eventually awarded highest mobility. How your claim is handled depends largely on the calibre of the person looking at it, and their training and common sense.
Each time you appeal, it gets passed to a more senior person with more training, so keep appealing and if necessary go to a tribunal. Tribunal staff are not employed by DWP, if I remember rightly one has legal training, one has medical training and the third comes from a disability related organisation.
50% of claims decisions are overturned on appeal. I know it's stressful, just keep going, being very careful to meet the deadlines given.
An update at last.

Phoned the PIP helpline early last week for an update and was told a decision had been made and they couldn't understand why I hadn't heard anything yet. So letter was sent out again. Fast forward to today, still no letter so I called just now and requested to hear the decision over the phone.

Husband has been rewarded standard rate care and nothing for mobility. I'm a little bit pleased that we have received *something* because I was expecting no change. However, it in no way reflects his actual needs so I am still planning on appealing further. In my own review of the points system, he should very much be entitled to enhanced rate care and standard mobility.

Also received a reply from my complaint to Atos and they have admitted information was omitted and apologised for that. Reasons they gave were laughable- "I must have simply forgotton to type it"! The rest was further lies - he didn't laugh at my husband, he didn't shut down what I said, He never would have said certain things weren't relevant, etc etc. But hopefully the fact they admitted some fault gives us a good platform for the appeal given the the decision is mainly made on that assessment.

But it feels like we are getting somewhere at least?
I would ask for an entirely fresh medical to be conducted.
With regard to the letter, are they using the correct postal address? When my son was going through the changeover they started using his home address, but all correspondence is supposed to come to mine.
If their address is OK, then look online for the Royal Mail complaints number. When I was having serious problems with our mail, complaints to the local office were ignored, but as soon as the national number was used, things were soon sorted.
So having received the points score, they have given my husband 11 points for daily living. Utterly frustrating that I believe they purposely gave him 1 point short for enhanced. Still a complete 0 for reading which I am shocked about. I read everything for him, it's frustrating they think he can read when he simply cannot and has a massive history proving this! Had they given him points for this - which they very well should have, he'd have enhanced.

Quick question. When appealing to tribunal, is it best to get the support of CAB? Does it strengthen the appeal at all? I don't think we particularly need it, unless of course they offer something that I am unaware of.
Hi all,

Thought I'd give an update. We went to tribunal last week and won. Pleased but annoyed it had to get this far. So for those thinking of appealing - it is worth it!
Glad you finally won your appeal, like you I too had to go all the way to tribunal and won but it is so stressful. We have got a few years off now until it all starts again I think we were awarded until 2020 which means they will call us in 2019 and no doubt have to go through it all again, even though they know Ps condition will only deteriate. :roll:

It is well worth appealing though it has made me a more determined person on so many other things now. :D
Well done both. A shame though the right award wasn't given in the first place.

Melly1