Claiming PIP & expecting ATOS will Force us to Appeal

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

https://www.google.co.uk/search?q=bi...vid=1275390300

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Thanks for those links, PF. I may need to refer to those later, as I have little idea of psychological stuff - apart from the occasional 'Freudian slip.'

I have a feeling that the 'tick-boxes' might be an element of any future appeal. I think I can understand that those simple tests were geared toward mental ability, as opposed to mental health, but I think they were probably just simple tests to determine a basic level of mental ability where the subject may actually have some form of dementia (as PB has alluded to...!!!) Sure - we can rule that out, and it is mental health that needs to be assessed here, I believe. Clinical depression - largely as a result of the physical disabilities (but arguably as a result of having to live with me.)

Seriously, though - all this stuff is what we may need later on, and it is good to 'touch base' with you guys here who have the info at your fingertips. Thank you again.

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

The Biggest simple piece of advice I can give you now is if you do need to appeal DO NOT do it on your own seek advocacy help, this does not need to be a solicitor but any charity that offers support will suffice.

I say this because it is fact that more appeals succeed when you have help putting an appeal together and even having this help as representation at the appeal hearing.

You will no doubt find this help in short supply due in part to the cuts so do your search and make enquiries early to stand more of a chance of getting this help you may need.

Good Luck

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Thanks for that, PF. We have a couple of possibles up here - the CAB & 'Welfare Benefits Service' - but I think I may need to look further, as the CAB is going down the pan, and the WBS is a local govt. "service," which I cannot help but distrust !!! I'll surf around locally to see what else there may be, and then see what the DWP decide in 6 weeks time.

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

I doubt if we will be awarded the higher level of PIP, and unless there is something in the eventual DWP determination that I feel is very wrong, then I doubt if we will push for that level. If we can be awarded the lower level, then I think we will be content with that - and should count our blessings that we don't suffer what many others do. The lower level still allows the full 'Carer Premium,' as far as I can see - so we're looking at approx. £111 p/w extra, I reckon. The higher level would bring in another £63, but unless we think that an appeal would succeed, I'm not expecting to go for that. I realise that appealing any decision carries the risk that it can be changed for the better - or for the worse - and I don't intend to appeal unless I feel there are good grounds for doing so. However - if even the lower level of PIP is refused - then I intend to appeal, as Mrs-K's quality of life is depleted badly, as is mine therefore. Just getting the lower level of PIP seems to open the gate for a range of other benefits and privileges, and that is what we are aiming for, really. I believe there is a framework for ongoing re-assessment, so I daresay we will be called in for periodic checks - and I daresay that we may qualify for the higher level of PIP at some point in the future. Until then - I guess we should count our blessings.

I've surfed around for some more info, and the Carer Premium which Oscar mentions does seem to be the way to go. It seems to be given different names, depending on how it is awarded - and "Additional Amount for Carers" seems to be the name it carries for Pension Credit recipients such as us. Instead of being classed as taxable income (which CA is classed as,) it is simply added to our Pension Credit, it seems. Underlying CA entitlement still remains, I believe, so any 'linked' benefits are still eligible.

Pompey's extensive knowledge of the appeal process gives us the confidence to feel that we are not going to be 'victims of Atos' here - and that makes a big difference, which is much appreciated. Naturally, I hope that we will not need to rely on his knowledge in around 6 weeks' time - but just knowing that he is around is empowering.

We have a couple of credit cards that we took out a while ago, before Mrs-K became so ill - and we may need some current advice with them. I'll maybe start a coupla threads about them here sometime soon. Meanwhile - my repeated thanks to you all.

[oscar]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

I've surfed around for some more info, and the Carer Premium which Oscar mentions does seem to be the way to go. It seems to be given different names, depending on how it is awarded - and "Additional Amount for Carers" seems to be the name it carries for Pension Credit recipients such as us. Instead of being classed as taxable income (which CA is classed as,) it is simply added to our Pension Credit, it seems. Underlying CA entitlement still remains, I believe, so any 'linked' benefits are still eligible.

Absolutely spot on Bill.

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Cheers muchly, Oscar - I'm glad I got that right in the end.

I hope anyone else reading here gets to benefit from that piece of advice, good sir !!!

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Well - I should have braced myself, I guess. The Atos assessment was on 18/02/15, and the guy said it would take around 6 weeks for the decision to be made. It was made by 23/02/15, and we received the decision letter in the post today (27/02/15). It was a complete rejection of the PIP claim.

So it looks like we will now need to go through the appeal process, and I believe the next steps will be:
1. Obtaining a verbatim copy of the assessor's report;
2. Sending a DSAR for a copy of the assessor's computer-entered notes (thanks, Plan B);
3. Going through the summarised reasons for refusal of the claim, as received today;
4. Applying to the DWP for a review of that decision by a separate decision-maker, based on that summary - and the original PIP2 application (thanks, Pompey);
5. Considering contacting third-party assistance with a possible appeal.

Scanning through the summary, it appears to me that Atos are still making ridiculous assumptions from these assessments, as opposed to professionally observed and reasoned conclusions. I had hoped that we might at least be given a fair assessment and avoid all this appeal stuff - but it looks as though we are going to need help with this, after all. I should have known - what made me think that Atos could change its spots ?

Yet again - let battle commence.

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Am not surprised to be honest Bill as the DWP is no longer there to help people, they have the direct instruction from IDS to refuse as many claims as possible to keep the welfare bill as now as possible indeed ones health does not come into it, however your claim can be won with the right help and support which you now need.

You only have one month to lodge your mandatory reconsideration so you need to use that time wisely whilst getting your skates on, you can submit your mandatory reconsideration straight away whilst waiting on your report and SAR to arrive indeed I would do this given the speed at which they work at (DWP Chaos springs to mind) and whilst you have a time limit of one month they do not and can take as long as they like.

Permission for Irwin Mitchell to seek a Judicial Review over the time length PIP Claims are taking has just been granted, indeed many think and I do believe so it is wilful and meant

http://www.irwinmitchell.com/newsand...auuVI.facebook

This may be of interest to you and no doubt pretty soon they will be looking for cases for this JR

Good Luck I stand by for any help you may need

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Good Luck I stand by for any help you may need

Many thanks for that assurance, PF - much appreciated.

I'm still reeling from the fact that the assessor seems to have actually lied in his report, and I need to calm down before I start analysing the summary, so I can think straight. At present, I think I need to at least ensure that I have sufficient grounds for the mandatory reconsideration - but I think I have those, and I just need to make a preliminary list before sending away for that. Then, I'll send a request for a copy of the report. I also intend to send a DSAR as PB suggested - but I'm not sure whether this should be sent to Atos or DWP, because it was the Atos guy who carried out the assessment and typed his notes into the computer - but it was the DWP who he sent them to as far as I can tell. For all I know, the notes he hurriedly typed in may well have actually been his report - but the impression he gave us was that he would write his full report afterwards and send it to DWP. I guess I could ring the physio centre and ask him myself - but I don't want to give too much away right now, as I daresay stuff may get 'lost.'

Now we have got to the stage where I consider us to be one of the many Atos victims, then I think I need to make it clear that I can deal with some aspects of this stuff myself - but I am not going to pretend that I know the ropes here. It seems from my limited reading around that I should at least get some kind of representation with this, as that does seem to show that we are not just going to 'go away and die' as IDS might want us to, and the DWP might then make a better effort with our claim.

That was an interesting link as regards Irwin Mitchell's JR, Pompey - thank you. Our case might interest them, and there's nowt to lose by contacting them. If they took us on board, then that would give us a really good chance, methinks.

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

I'm still reeling from the fact that the assessor seems to have actually lied in his report, and I need to calm down before I start analysing the summary, so I can think straight. At present, I think I need to at least ensure that I have sufficient grounds for the mandatory reconsideration

The fact that he lied is grounds enough for an MR

I also intend to send a DSAR as PB suggested - but I'm not sure whether this should be sent to Atos or DWP, because it was the Atos guy who carried out the assessment and typed his notes into the computer - but it was the DWP who he sent them to as far as I can tell.

I would send it to DWP as it is they who make final decision or if you like send it to both if you need any email addresses let me know and ill source those for you.

I guess I could ring the physio centre and ask him myself - but I don't want to give too much away right now, as I daresay stuff may get 'lost.'

No point as they will just throw you back to DWP sighting it is not there remit on phone and why email or letter is best and should this go to appeal you want the paper trail just like we deal with financial matters

Now we have got to the stage where I consider us to be one of the many Atos victims, then I think I need to make it clear that I can deal with some aspects of this stuff myself - but I am not going to pretend that I know the ropes here. It seems from my limited reading around that I should at least get some kind of representation with this, as that does seem to show that we are not just going to 'go away and die' as IDS might want us to, and the DWP might then make a better effort with our claim.

Should you not find anyone locally I recommend fightback4justice they are the bees knees and won many cases and all they ask for is small donations, paper and stamps to keep there office going

► Welfare benefit advice/appeals undertaken, and disability benefit applications completed by fully qualified legal experts.
► Free advice via 0161 8831310
► Mission:To make welfare benefit advice and advocacy available to everyone and to help people help themselves with template letters, notes and face to face assistance through out buddy system and advocacy service.

Need personal help with your DLA/ESA (Disability Living Allowance, PIP Employment Support Allowance, or AA (Attendance Allowance) forms, or have you been turned down following a medical examination and need help appealing? Want help fighting a parking ticket, bad workmanship? Then fightback can help you.

►General information
Our mission is to provide a nationwide full and comprehensive range of specialist welfare benefit appeals and overpayment advice, on all aspects of Social Security benefits, and appeals including, Disability Living Allowance, Employment Support Allowance, Council Tax, Housing Benefits, Personal Independent Payment, Tax Credits appeals, Reconsiderations and benefit fraud investigations.

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That was an interesting link as regards Irwin Mitchell's JR, Pompey - thank you. Our case might interest them, and there's nowt to lose by contacting them. If they took us on board, then that would give us a really good chance, methinks.

No harm at all in dropping them a line

Regards

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Another good site is Benefits and Work although there is lots of free stuff inc a forum they do charge a small fee of about £15 to access there resources

http://www.benefitsandwork.co.uk/

[pompeyfaith]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

You can also glean a lot of info from the RightsNet Forum although this is a welfare officers portal in the main but useful none the less

http://www.rightsnet.org.uk/forums/

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

Many thanks again for all that, PF. There's plenty there to keep me going !!!

[Bill-K]

Re: Claiming PIP & expecting ATOS will Force us to Appeal

We've had to make an effort to do a 'makeover' on our youngest daughter's room, as it urgently needed clearing out and then making into her own private space - but I've been looking in here, and piecing together our next moves.

I'm currently proposing to send 2 DSAR's - 1 to Atos & 1 to DWP - in keeping with Plan B's suggestion primarily. Hopefully, these might elicit some useful data before it becomes clear that we are looking for a review of the DWP's decision. Next, I intend to ask (in writing, as well as by phone) for a copy of the 'Health Professional's' report - as Pompey (and Atos & DWP literature) has suggested.

Meanwhile, I need to find a trustworthy representative to act as our 'champion' in what I guess may be a long battle of an appeal process - and I hope PF's links will help with this. I will also now check out PF's excellent links and read up on as much as I can to help us. This PIP claim means a lot to us, and we are not just gonna walk away defeated.