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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 Nobody had said anything to me, I had not had a letter from ADP telling me my car was being withdrawn.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?

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.

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 .....

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!

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.

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.

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.

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 14:24:00

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 ....

jenpax Wed 05-Apr-23 14:19:48

Dee1012

I'd suggest trying to source a specific advice centre that understands your condition fully and talking it through with them.
Citizens Advice are very good but sometimes miss the nuances that are relevant and when you are used to dealing with a condition, it's something that you adapt too....but it's relevant benefits wise.

When we do Tribunal appeals for these clients we always thoroughly research the condition and discuss in fine detail with clients, if this is not happening then that is not the standard of service that Cit A expect

JANH Wed 05-Apr-23 14:11:58

My friend used to volunteer for Age Concern and she was responsible for writing out these claims for people. She knew exactly what to write for the initial claim and any appeals, she rarely failed. She got training from Age Concern before starting however as a previous English teacher she was quite adept at expressing herself. You really need someone experienced in these claims to help you. My parents both went through this and their Social Worker completed their forms. I am really sorry that you are going through this however, please persevere, you are entitled.

Sawsage2 Wed 05-Apr-23 13:39:42

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)

icanhandthemback Wed 05-Apr-23 13:15:34

This happened to my daughter under the English PIP. She had paid for adaptions to the car, and although she got her deposit back for the base model of the car, they wouldn't pay the money for the adaptions. She got time to appeal (I think 6 weeks) and Motability allowed her to keep the car until then but eventually, it had to go back. She went to tribunal and it took nearly a year to be heard but she was successful. For a couple of years she put off purchasing a car through Motability but in the end, she had to lease one. She is terrified of the same thing happening every time there is a reassessment.

Although she is awarded PIP for 3 years (the length of your Motability lease) she is sent a reassessment form after 2 years. The strain is just enormous on somebody with a physical congenital condition which will never change, just get worse and an anxiety condition caused by a Personality Disorder which is also unlikely to get better as treatment in this country is abysmal. Quite frankly, to treat disabled people like this is a disgrace.

Whiff Wed 05-Apr-23 13:13:58

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.

MaggsMcG Wed 05-Apr-23 13:13:41

Consultant

MaggsMcG Wed 05-Apr-23 13:13:16

Please appeal. See if you can get support from a Social Worker or your Constant. I don't know what the process is in Scotland but in England go as far as tribunal and most people win.

Dee1012 Wed 05-Apr-23 12:59:19

I'd suggest trying to source a specific advice centre that understands your condition fully and talking it through with them.
Citizens Advice are very good but sometimes miss the nuances that are relevant and when you are used to dealing with a condition, it's something that you adapt too....but it's relevant benefits wise.

Newgran59 Wed 05-Apr-23 12:52:02

I don't know if this has already been suggested but please contact citizens advice and work through this with them.
Unfortunately you were misadvised regarding the original appeal, but you should fight to get your car back!

glammanana Wed 05-Apr-23 09:05:42

Age UK will help with a Benefits Advisor please arrange to see one,they can word your appeal in a way the Benefits Agency will understand your needs.

JenniferEccles Wed 05-Apr-23 08:30:28

My advice would be to put your energies into dealing with your day to day necessities first and get a car as it sounds as if one is essential for your hospital appointments.
Then you can look into the appeal procedure to determine whether you feel you want to go down that route.

silverlining48 Tue 04-Apr-23 23:35:29

A friend was awarded criminal Injury compensation but was advised to appeal as the amount was much lower than solicitor expected. She took their advice but appeal was denied and the compensation initially offered was withdrawn,
She wasn’t informed of that risk and was very distressed as it seemed to minimise what had been a terrible experience for her.

Oreo Tue 04-Apr-23 20:47:04

nadateturbe

^The system is rotten and you have my sympathy.^ Yes.

I would appeal. Nothing to lose.

I think you need to appeal, tho I understand that putting yourself through more red tape is hard work when you don’t physically or mentally feel up to it.
You have been treated with no respect whatsoever.They talk the talk but don’t walk the walk.Good luck to you.

Dickens Tue 04-Apr-23 20:28:21

pooohbear2811

nadateturbe

The system is rotten and you have my sympathy. Yes.

I would appeal. Nothing to lose.

sadly there potentially could be plenty to lose. Currently giving me some money, so took a loan and using that to pay up an older car instead. To scared to rock the boat and potentially lose that money.

I can understand your reluctance, judging by the tawdry way you've already been dealt with.

'Let-sleeping-dogs-lie' thinking.

The emotional stress that's involved - at a time when you're at your most vulnerable mentally - and physically - does make you wonder if it's worth the effort, especially if you fear they may re-assess you.

It's morally wrong, the way you were dealt with, but you could spend weeks, months even, worrying about it if you take if further.

But I'd certainly check out Citizens Advice - or even Age UK - to see if anyone can offer you some advice.

nadateturbe Tue 04-Apr-23 17:32:00

Hmm that complicates it Pooohvear. Perhaps contact your MP.

Gillycats Tue 04-Apr-23 15:33:26

Have you written to your MP Pooohbear? It’s a dreadful situation to be in. Getting PIP is literally a lottery. I guess ADP is the Scottish equivalent? I’m in England. They seem to be tightening up on some benefits. I put down 14 different conditions on my PIP form but they seem to be reviewing it annually. Like I’m magically going to be cured. I do hope something can be done for you xxx

pooohbear2811 Tue 04-Apr-23 15:03:27

nadateturbe

^The system is rotten and you have my sympathy.^ Yes.

I would appeal. Nothing to lose.

sadly there potentially could be plenty to lose. Currently giving me some money, so took a loan and using that to pay up an older car instead. To scared to rock the boat and potentially lose that money.