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Did they fail me in Dignity, fairness and respect?

(59 Posts)
pooohbear2811 Tue 04-Apr-23 13:43:08

let me just say this is not a "feel sorry for me for what happened post" but more the way in which it happened.

Over the last nearly 3 yrs my health has declined. Declined to the extent I have lost my job of nearly 20 yrs and ended up on disability benefits.

In August 2022 I applied for the new Scottish disability (ADP) which according to their own literature is based on "Dignity, fairness and respect in disability benefits". In November I was awarded the mobility part and became entitled to a car. As I have a lot of hospital appointments in various localish hospitals ( all at least 2 buses away, and medically I can't travel by bus) the car seemed a sensible option over the money. So I picked on my new car on 23rd Dec, giving them a large deposit and trading in my old money pit of a car. The peace of mind this offered me a brilliant feeling.

They did not award me the daily living part, which I felt they should have done and they had not taken into account everything on my form, so I was advised to appeal. I was led to believe by the department itself that this appeal only affected the one part I was appealing on.

Anyway come the end of Feb I received a letter from Motability saying they had been informed my car payments had been stopped and I needed to hand back my car as I was no longer eligible for it. This letter said I would have had a letter from ADP to let me know. To say the least, I was very distraught. Nobody had said anything to me, I had not had a letter from ADP telling me my car was being withdrawn.

I contacted ADP to be told " there would be a letter sent out in the next 7 working days and until you receive that letter we cannot discuss the content of it with you". So on one hand I have a letter telling me I need to hand my car back as not eligible and on the other hand nobody would discuss it with me. To say the least I was inconsolable and terrified of being left with no car at all.

I felt getting the letter from Motability telling me I was losing my car was so wrong. Surely "Dignity, fairness and respect" should have informed ME first that I was going to be losing my car? That I should have received the letter first and only after I had been told should Motability have been informed.

It turns out if you appeal one part they look at both parts again.

Again I was told I could appeal this. But not sure I am strong enough to put myself through the stress of another appeal. right now.

How would other people feel about finding out this way and then not being able to discuss it with the people who made the decision until 2 weeks after another dept had been informed?

MadeInYorkshire Wed 05-Apr-23 14:24:00

Whiff

When I needed help filling in my PIP forms CAB and Age UK refused to help me. So my daughter did them. I sent alone with the completed forms 45 pages of medical evidence. Had 1 hour 46 mins phone assessment. I was turned down so I did MRN the lazy person who reviewed my case couldn't even be bothered to write a new report but just copied the original decision just changing a word here and there.
The Brain Charity got me a solicitor so I can go to a tribunal. It was end March last year when I had the forms and they received the complete forms 12th April. We are still waiting for a tribunal date.

Until disabled people either physically or mentally or both write the forms and assess them nobody will be treated fairly. At genuine disabled physically or mentally or both person can spot a fake a mile off.

But these able bodied no all who pass judgement on us forget anyone at anytime can become physically or mentally or both disabled at anytime.

I was born this way I have been fighting for 35 years for disability benefits but turned down because of no diagnosis. Last year aged 64 finally thanks to genetic blood tests finally I know what I was born with an it's rare.
I did contact my MP but there was little he could do as it down to DWP how they handle cases.

Poohbear you and everyone else who has been treated unfairly I feel your pain and sense of injustice.

Oh heavens, that s just awful! Also strange as MP's used to be able to help?

It shouldn't matter if you haven't a diagnosis, as the DWP itself says, that the diagnosis isn't what they base it on, it is how you can or cannot achieve your activities of daily living! (Although having that diagnosis does help as it gives you a reason, but even then, they take absolutely no notice of medical evidence anyway!) They also say that they will contact your medical professionals and they don't, so any evidence that you can collate yourself is very useful.

We found the Tribunal (done over the phone) to be fair and impartial, and very understanding, as it was my daughter's claim under MH, and they gave her a fair element of PIP.

I am sort of 'lucky' as I have so many different medical issues that they really couldn't deny me, although they do try with a lot of people! I believe they have targets to get as many people off the benefit as possible. The job of the 'health professional, is actually one which I would be very good at - but my conscience wouldn't allow me to do it.

However - it is going to get worse if the Tories get back in! Decisions on being able/unable to work are going to be made by 'job coaches' who will not have a clue about disability, trying to get those of us who are 'economically inactive', including people nearing retirement age , back to work .....

I do think that if you have a solictor involved that you will win - the DWP don't like it, and if he can quote some case law, then they haven't a chance in hell if a precedence has already been set. I wish you well ....

MadeInYorkshire Wed 05-Apr-23 14:26:48

PS Mandatory Reconsiderations are just a waste of time, it's another stalling technique they use in the hope you will give in because of the stress it puts you under, but my advice is fight to the end if you feel that you are eligible!

If anyone else is in the same boat I can give details of someone who helped us successfully.

MadeInYorkshire Wed 05-Apr-23 14:32:00

Sawsage2

I'm disabled (can't walk, use a mobility scooter) but HATE hospitals/doctors and don't want the worry of it all. Don't claim anything, using my savings. It really isn't worth the worry (I believe worry = worsening symptoms)

*Sawsage2

Are you of an age to be eligible for Attendance Allowance?

AA is MUCH easier to claim, I did it for my mum a few months ago. It is all online, no assessments etc and she got high rate with no bother. I would still though get someone to assist you with filling it in as with the DWP it's not what you say, but how you say it! It definitely sounds as though you are eligible, whichever benefit it is.

She777 Wed 05-Apr-23 15:07:05

My husband worked for DWP and the process was to decline and if you were still trying after 4 attempts then it was probably legit.

Ph1lomena Wed 05-Apr-23 15:13:03

Have a look at the Benefits and Work website. Masses of useful information and knowledgeable people on there. Don't give up.

icanhandthemback Wed 05-Apr-23 15:24:50

She777

My husband worked for DWP and the process was to decline and if you were still trying after 4 attempts then it was probably legit.

That is disgraceful. PIP is a gateway benefit and my daughter's original claim took a long time to be agreed. Meanwhile, although she needed her husband at home to care for the very young baby and her, the powers that be said that he was eligible to work as she didn't have the PIP. They were living on fresh air and family donations until it was all sorted. The stress this caused was priceless...but not in the way of the advert!

MadeInYorkshire Wed 05-Apr-23 15:26:49

She777

My husband worked for DWP and the process was to decline and if you were still trying after 4 attempts then it was probably legit.

Exactly - all a scam in the hope you will give up so they don't have to pay out - just dreadful .....

Whiff Wed 05-Apr-23 16:03:06

I know the PIP decision is on ability. But the moron who did mine decided because I can get into a car I can get into a bath.

What was written on my form was I had to sit on the edge of a car seat and someone lift my legs into the car. Getting out they had to lift my legs out and pull me up. Then get my balance with my walking stick before I can move.

Last time I was in a bath I was 14 my arms collapsed on me my mom had to get me out. So they altered the bathroom so we had a shower.

The list of things I can't do is longer than what I can. But they took no notice.

Hence morons.

queenofsaanich69 Wed 05-Apr-23 16:15:57

I am so sad for you,you must feel devastated,consider yourself
hugged.

Flakesdayout Wed 05-Apr-23 16:46:02

Pooobear - check your letter as you may only have 28 days in which to Appeal. I used to do these Appeals to the Tribunal service a few years ago with my job and you have to prepare and get your facts very straight and take each point and answer using the phrase ',majority of the time' as if you can manage 4 out of 7 days then it will go against you. . In my City (England) we have welfare benefit advisers based with the Council who can help prepare these, or maybe you could see a GP care adviser. You will need to submit as much medical evidence as you can. It is worth a try and you have nothing to lose. Good luck

Nanatoone Wed 05-Apr-23 17:29:26

I’m so sorry about this. We went through this several times with my husband (he had terminal cancer) he had a form DS1500 which smoothed the way and help from the hospice to complete the form. It’s very stressful. Why do they put you through it if nothing can get better? I think the key is always making sure you put down the worst symptoms on the worst days, which is so hard. My sister appealed when she was refused and my other sister supported her on the day, she won her appeal and got it all. It was clear she couldn’t walk properly. How awful that an appeal can punish you like this. It’s just appalling.

Treetops05 Wed 05-Apr-23 17:44:19

I've been in this exact situation. Firstly contact Motability and explain - they can be very helpful. Secondly, talk to Citizens Advice, they complete your form, during a booked appointment and are extremely helpful. Thirdly good luck, and if you need an ear, I am here xx

crazyH Wed 05-Apr-23 18:23:19

Sawsage2 - my friend finally gave up trying for Disability Benefit, although I know for sure, she was struggling to walk. Her hips had deteriorated so much, she just could not walk. They wouldn’t give her a new hip, because she was overweight. She just could not lose the weight. Anyway, my poor friend developed breast cancer soon after and again they did nothing because the cancer was too deep in her breast. Yes, she was quite big. Not long after, the cancer spread and she died. My heart just aches when I think of what she went through.
I still remember her face, when she came out of the Consulting Room and told me that they wouldn’t give her a date for the Op, until she lost weight. Sad 😭

HannahLoisLuke Wed 05-Apr-23 18:37:59

It stinks, especially as you paid a large deposit and traded in your old car. Does this mean that you paid, or almost paid for the new car? If true, how can they take it back?

Ikiesgranma Wed 05-Apr-23 19:45:45

I contacted the DWP to tell them that my health had worsened. I was receiving standard for care and mobility. I was refused and told them that I wanted to appeal. Again refused. I said I would go to tribunal. Almost 18 months later I was still waiting for the court appeal. In the meantime I have now been diagnosed with inoperable terminal cancer. My consultant sent off the special circumstances form and was immediately given enhanced for both. I think the assessors are disgusting. They completely ignored my previous paperwork but now it’s almost too late they’ve had to capitulate.

Coco51 Wed 05-Apr-23 19:56:07

I nearly lost all of my PIP when I went to a tribunal. The chairman warned me I should get legal advice before continuing so I withdrew the appeal. I have had many more problems, but particularly with mobility, and I desperately need an automatic car, but people over pension age are considered not to need mobility payments, so I dare not tell them how much more help I really need.

Coco51 Wed 05-Apr-23 20:13:45

I was astounded to learn the other day that neither GPs nor pharmacists will syringe wax - now people have to pay privately £55 at Specsavers hearing centres. Bad enough, but DD as trying to get DGS’s ears syringed because olive oil was not helping and he literally could not hear - the poor mite has cerebral palsy and he is going to face ducational disadvantages enough without being further handicapped by not hearing what the teacher is saying. It’s just heartbreaking that this callous government are prepared to destroy his future so they can give tax breaks to the 1%

JPB123 Wed 05-Apr-23 20:14:37

Could I ask please, why are you entitled to a car? Could you not use ambulances and perhaps a disability scooter?

Bluedaisy Wed 05-Apr-23 20:34:53

You need to appeal again and put as much information on the form as possible. Have you looked at BENEFITS AND WORK online? They are brilliant for all the information and advice to help with your claim and appeals. It’s £19.95 well spent.
Good luck and stay strong.

Sawsage2 Wed 05-Apr-23 22:31:15

Thankyou for your helpful comments. I will try for AA.

icanhandthemback Wed 05-Apr-23 22:41:38

HannahLoisLuke, Motability return your deposit less an amount for the number of months you have had the car. I know for some they also give an amount of money to assist in buying another car. They are quite generous considering they also suffer at the hands of the DWP.
JPB123, if you are entitled the higher allowance for mobility for more than a certain amount of time, you can either receive the amount straight into your bank account or you can lease a car or disability scooter through Motability who then receive the money directly to them. Ambulances are not available on demand (even when you are dying of a heart attack sometimes) and not everybody lives in an area where a disability scooter is suitable.

busybee6969 Wed 05-Apr-23 23:03:20

we have a local carers center that helps fill in these type of forms,they know the right words, or try CAB, dont give up thats what they want good luck

Wyllow3 Wed 05-Apr-23 23:18:42

You were advised dreadfully to appeal I'm so sorry that it happened. if it was PIP themselves that advised you that, then I would contact your MP asap since it was "official' and you were not advised of the risk.

I was given low level allowance and mobility ignored - but took the money and knew not to rock the boat. CAB filled in my forms for me as not a rare condition but I was already getting long term DLA.
Statistically its worth appealing but the stress is enormous -unless you have support - I hope you find the support you need.

Hil1910 Wed 05-Apr-23 23:34:33

I applied on behalf of a relative for Attendance Allowance and received help from Durham County Carers (an organisation attached to my local Council) with completion of the application form. The claim was approved and an award made for 18 mnths. The renewal date is coming up and I have been advised by Durham County Carers that I should get in touch should the next claim be refused as they will assist with any appeal. I’d therefore try and find out whether your Council has a similar Care agency who may be able to assist with your appeal.

Wyllow3 Thu 06-Apr-23 00:04:17

Coco51

I was astounded to learn the other day that neither GPs nor pharmacists will syringe wax - now people have to pay privately £55 at Specsavers hearing centres. Bad enough, but DD as trying to get DGS’s ears syringed because olive oil was not helping and he literally could not hear - the poor mite has cerebral palsy and he is going to face ducational disadvantages enough without being further handicapped by not hearing what the teacher is saying. It’s just heartbreaking that this callous government are prepared to destroy his future so they can give tax breaks to the 1%

Not true.

Our GP does do it. GP's are now grouped into several practices (PCN's - Primary Care Networks) so in my case they've centralised ear clearing into one of the practices. This works for other specialised services.

So its still done on the NHS - can't speak for your local access.