Posts Tagged ‘‘Wildthing66’’

Vox Political: Government Making PIP Applications More Difficult

February 8, 2015

Mike over at Vox Political also has another story about the government moving the goalposts again to stop disabled people claiming the Personal Independence Payment. It’s PIP reviews and tribunals: The DWP keeps piling on the pressure. It’s partly a follow-up to Mike’s previous post about how Atos told Mrs Mike that she had to come for an assessment, which on inquiry nobody seemed to know anything about. He goes further, and reports the experiences of two of his commenters, who have tried to claim PIP, one of whom was called before a tribunal. It begins

Further to yesterday’s article on the hoax letters being sent out by (in this case) Atos, summoning benefit claimants to non-existent “assessment” meetings, a couple more developments have come to light.

Firstly, Mrs Mike has received a new letter stating that her assessment has been cancelled and she doesn’t have to attend. This writer shall be going in any case – just to make sure.

Secondly, it seems matters get worse if you are unlucky enough to be denied benefit after an assessment. What follows refers to Personal Independence Payment. First, let’s hear from a commenter who had to go through the ‘mandatory reconsideration’ procedure:

“With the help of my local CAB (Citizens Advice Bureau), I made an application for PIP. As is normal, they refused it. The CAB explained they would, and requested a ‘Mandatory Review’.

“Under the old system, they would write a letter stating their reasons why the decision is wrong. Now, though, Atos will not accept this.

Atos has now resorted to phoning up PIP claimants unexpectedly at different times of the day, so that they will have to present their case unaided and without representation. This is obviously in order to make it easier to turn the claimant down.

The other commenter provides a grim portrayal of the stress caused by their appearance at an Atos tribunal, and the complete inability of the woman, who turned down their application for benefit, to understand even the most basic facts about mental illness. Such as that you can plan ahead, but later changes in the condition may mean you forget. This commenter states

“For anyone with mental health issues to have to go through the PIP claim process, Atos assessment and ultimately a tribunal, it is unbelievably cruel and careless. I have been extremely distressed today.

“I am also not going to find out for a few days due to my appointment time being so late in their working day, which is also upsetting.”

It’s worth checking out the comments on Mike’s blog, because many of the commenters have experience and technical knowledge that can help others. This piece is no exception. Particularly useful are the comments from Beret54 and Levinas.

PIP: Derby Mental Health Group Want to Hear From You

Beret54’s comment is that a mental health group, Derby, is appealing for information from people, who have undergone the PIP assessment. He writes

THE mental health action group derby is shortly to launch a survey form on experiences of PIP and present evidence to DWP will post link to survey when its launched soon,
Mental Health Action Group Co-ordinators
Room 312, Kelvin House
RTC Business Park, London Road
Derby. DE24 8UP

Tel: 01332 345966 ext 5
http://www.mhag.org.uk
Check out our Facebook page “Mental Health Action Group Derby”!

Levinas on Legal Challenges to Atos

Levinas also provides this advice for the two claimants:

The first claimant should invoke the Equality Act and reasonable adjustments in that it is discriminatory to the claimant to expect them to
1- Make representations using a device that in and of itself puts them at a disadvantage due to their disorder/difficulties and
2- to do so without representation they’ve secured being there to represent them. Again invoke EA to secure their presence.

They won’t like it, will argue against it but stick to invocation of reasonable adjustments under the EA to refuse the use of a telephone for contact and lack of representation Equate the representation to the use of a wheelchair or crutches to expose how discriminatory it would be to refuse, comment that it opposes justice to have this thrust upon them. They could also send an email revoking any consent given to release Atos from the DPA and reassert their rights, ergo Atos is not lawfully allowed to hold, nor use your home phone number-All communication therefore will have to be via letter as address is all they can hold. This is how I tackled Atos and WCA for ESA, I’ve not had the hurdle of PIP yet.

Second claimant-Is it usual to have the decision maker at the tribunal? Again I’ve only had to attend ESA tribunal hearings but this sounds somewhat ominous to me. Were they on the panel? I doubt they could legally be if independent and wonder if sent by DWP to oppose the claimant? I’ve had DWP turn up to oppose, think it might be usual when there’s a big award at stake. Again argue the case, hopefully with representation and support, to give you breathing space from the DWP rep.

This is proof that Atos and the DWP are as nasty as ever, and if anything getting worse. But hopefully pressure from groups like DPAC, the Disability News Service and the new Derby people will keep the pressure up and force them either to change, or make things so difficult for them they’ll want to lose the election.

Wildthing66 also advises claimants to get angry with the assessors and threaten them with leaving in a body bag. It worked for them at the Jobcentre, apparently. I wouldn’t go that far, as it wouldn’t surprise me if they tried to charge anyone, who adopted quite such an aggressive approach with threatening behaviour. However, they are bullies. One of the DWP whistleblowers has said that quite, meek individuals will get sanctioned, whereas a 6 foot brickie won’t, because they’re obviously physically afraid of the brickie. So, it’s important to stand your ground and not allow yourself to be walked over, as difficult as that may be.

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