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Spitting Feathers

(33 Posts)
Hopehope Thu 06-Apr-17 00:11:44

I am angry beyond belief, although not totally surprised. DH had the result of his ESA assessment yesterday, and guess what....He scored zero points, and is deemed fit for work.

At the assessment he could not hear ONE question from the assessor
( he is profoundly deaf since birth, and the added anxiety makes his concentration go). I had to repeat everything. He cannot travel on Public transport alone, has had to give up his driving too.

I wonder how they think he will actually get to a job interview, and how he will hear them if he arrives!! I am afraid I laughed down the phone when they called, which seemed to surprise them a bit, lol.
Long and short of it is they want him on jobseekers, DH said not unless they handcuff me and drag me there. I told them no he isnt seeking work as he is not well enough, I told him to send a full copy of the report, and that we would be requesting a mandatory reconsideration. I also asked for details of where to send an official complaint about how the whole process has been handled.
If they stick to their word( Do they ever?), we should have that tomorrow.

Been in touch wit Parkinson's UK who are very good. The benefits lady there said IF the consideration fails we are to tell her right away, and she will do the appeal over the phone, she has all the forms, then mail it for DH to sign. We send it recorded to DWP and from the date they receive it they HAVE to reinstate the ESA, albeit a lower rate called an assessment rate whilst waitng for the appeal. If we win that then they give the backpay.

I am not sad, or worried to be honest I feel we will win this as the whole thing is a travesty. I am just angry that we ( And many others who are too ill to fight) have to go through all this.
Thanks for reading :-)

Hopehope Wed 12-Apr-17 00:08:59

Thanks all,
Sorry to hear about your Friend kathcraigs, and your fiasco too VPQueen, the more I hear the angrier I get.

I spent about three hours doing the MR letter, took so long as was re reading the assessment form over again to make sure nothing was missed out. I also did a letter of complaint to the assessor department.

If anyone who reads it has even half an ounce of sense they wil see the truth. The Guy has contradicted himself all through the assessment. It is there in black and white!.

Anyway we shall see :-) Fir the time being the money is stopped. DH said he will only go to the jobcentre if they handcuff him and drag him there , can't say I blame him really.

kathcraigs Sun 09-Apr-17 18:47:11

l'm so sorry you're having this to deal with. My best friend had a deep stroke last year, when he was 49. He's improving, but still not brilliant - his speech is stilted, his procedural memory (how you'd carry out something, like say baking a cake) is affected, and his right hand is far from back to normal. He's still having speech therapy and physiotherapy.
He had a face to face 'fitness for work' assessment in February. He was passed as fit for work.
He's a highly skilled cabinet maker. He's done that job since he was 17.
He was told to sign on for jobseekers. His GP was furious. She wrote an amazing letter saying that she was astounded that the assessor could have possibly come to the conclusion that he was fit for any kind of work. He's also a single parent, and his eldest daughter (who is 17) also wrote a supporting letter.
Fortunately within a couple of weeks, he got a response saying the 'fitness to work' ruling had been overturned. But he really didn't need the stress and upset.
Please take any help and support you can get, and fight the ruling. There's a very useful group on Facebook called "esa dla/pip info/support group (friendly)" which can give you lots of advice.
Best of luck x

vampirequeen Sun 09-Apr-17 11:17:07

I had to go for an assessment even though they had evidence to say that I would not be able to cope and would need a home visit. My guess is they hoped that I'd be a no show so that they could stop my PIP but somehow I managed to get there. Unfortunately or fortunately depending on how you look at it once there the panic attack that I had been desperately trying to control turned into a massive attack. One of the worst I've ever had. Two assessors saw it and both reported that I shouldn't have been made to come there. I got my PIP but at serious damage to my MH. I was ill for weeks afterwards.

They will do anything to try to get you off sickness and disability benefits.

Good luck with the appeal. I hope the stress doesn't get to you and your DH.

Penstemmon Sun 09-Apr-17 08:39:06

A system that is humiliating and dehumanising has no place in a civilised society. As usual government has created a sledgehammer to crack a nut. They probably do not save any real money either as cost of appeals and running the ridiculous job centre charade is probably equal to the money lost to the small number of fraudulent claims. The system is like a bad teacher keeping a whole class in detention because 2 misbehaved!

GrandmaMoira Sat 08-Apr-17 21:44:25

My sympathies to you and all the others in the same situation.

KazzaK Sat 08-Apr-17 10:15:01

My sympathies HopeHope. Have been in a similar situation several times. The latest was when I applied for DH's PIP to be increased from standard to higher rate. Was turned down after reassessment so I appealed and got a letter from my GP to support this. It worked! Terrible that you have to fight for these things when you already have enough stress in your lives. It makes me angry when I see other people get everything to them on a plate with no problem at all!

joannewton46 Sat 08-Apr-17 00:56:53

Sadly you are not the only ones in this position. I have a friend who works for Citizens' Advice and most of their clients lately are people who have had their ESA rejected. You need to use the right words apparently in order to score and they are very happy to help with the forms or appeals.
Here's hoping it sorts itself out for you both and the powers-that-be are made to realise what a cock-up they've made and put it right.

Galen Fri 07-Apr-17 17:39:48

Attendance allowance 65+

meandashy Fri 07-Apr-17 17:07:13

Skweek1 what benefit are you referring to when you say AA??

Nandalot Fri 07-Apr-17 15:08:34

HopeHope the assessment seems really unreasonable to me and I do hope your appeal goes well.

radicalnan Fri 07-Apr-17 14:18:45

What I don't understand about DLA is why alcoholics and addicts get it because more money is not useful to them at all. Yes, they have serious conditions but it really isn't hard to know whee the money ends up.

Nannarose Fri 07-Apr-17 14:07:05

Many get accepted on appeal, so go ahead, and definitely use the help from the Parkinson's Society. Buzz words tend to change, so go with people who are up-to-date with filling in forms.

It dos not seem to me that this process is abut genuinely helping people with disabilities back into work and supporting them.Does anyone have a good experience?

Legs55 Fri 07-Apr-17 13:48:57

HopeHope you have my sympathy having gone through the process of being assessed for PIP. I was assessed by a Nurse & just scrapped in this time, award for 3 years (I'm 61). I have been on DLA for several years, my first medical was a disaster, he didn't really ask much about the reason for my claim, I have peripheral neuropathy (affects both fingers & feet) also weak wrists & poor balance. I was turned down so I appealed, that was turned down so I went to tribunal, panel was a doctor & solicitor, award granted & I was described as an "honest witness"

The stress is unbelievable going through the proccess, I wish you good luckflowers

Galen Fri 07-Apr-17 12:27:52

6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.
6(a) Cannot convey a simple message, such as the presence of a hazard.

(b) Has significant difficulty conveying a simple message to strangers.

(c) Has some difficulty conveying a simple message to strangers.

(d) None of the above applies.

15

15

6

0

7. Understanding communication by:

(i) verbal means (such as hearing or lip reading) alone;

(ii) non-verbal means (such as reading 16 point print or Braille) alone; or

(iii) a combination of sub-paragraphs (i) and (ii),

using any aid that is normally or could reasonably be used, unaided by another person.

7(a) Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment.

(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment.

(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment.

(d) None of the above applies.

15

15

6

0

8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.
8(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.
I think this is why he was disallowed

seemercloud Fri 07-Apr-17 12:06:29

I know very little about DLA, but surely if they are assessing him, it renders the assessment invalid if YOU have to 'translate' for him, due to his lack of hearing!

Skweek1 Fri 07-Apr-17 11:54:13

I was on DLA for several years, forced to reapply for PIP two weeks before deadline for permanent DLA - as usual, turned down and even at Tribunal still turned downw, so immediately applied for AA - no hassle with successful application. Waiting for DH, unable to leave house and more or less bedbound, to be ordered to apply for PIP (indefinite DLA award). But DS was surprised to be awarded PIP for 3 years at least with only initial examinition! No rhyme or reason - so sorry you've been put in this intolerable position - good luck with appeal.

Caro1954 Fri 07-Apr-17 11:41:36

Good luck with the appeal. This is a ridiculous situation! flowers

Hm999 Fri 07-Apr-17 11:00:53

Hang in with appeal. Over 90% of appeals in one authority were overturned.

Musicelf Fri 07-Apr-17 10:11:33

Hopehope I used to work with the CAB and cases like yours happened far too regularly. The distress caused was appalling, and it was understandable why they felt they couldn't do anything about it. I am so glad you are positive, and I wish you and your husband the best of luck (luck? It's not luck you need, but justice!) with your appeal.

Jaycee5 Fri 07-Apr-17 09:48:19

Good luck with the reconsideration. The Atos Miracles facebook page is a good place for another rant if you feel the need as you will be talking to people who have been through it and understand.

Luckygirl My sister is in the same situation. The people she works with are often in their 60s and so their cares are parents in their 70s or 80s and they have quite enough to deal with without having to go through appeals but they have to prepare people to expect them - and the people she deals with have severe difficulties often with no communication skills at all.

Hopehope Fri 07-Apr-17 00:29:37

Thank You all, I am sorry I made your blood boil Maggiemaybe, and just at bedtime too! Monica, fret not, if the mandatory reconsideration is not a success of course we will appeal. We said to each other " If the buggers only owed us fifty pence we would appeal on principle alone"

I have some good points ready for the MR, although still waiting for the assessment report, and statement of reason which has not arrived as it should have done, ( No surprise there then). They " lost or didn't bother to send the new medical evidence to the assessor, also they have completely neglected to take into consideration that anything my DH can do ( For an ESA assessment), must be able to be done in a reasonable timescale, repeatedly, and without pain and discomfort. If any of these factors do not apply then they must be considered as not being able to do them, and be marked against the descriptors accordingly. This is actually in their own handbook. They need to follow the guidelines.

Luckygirl, any chance of sharing those buzzwords you mentioned?
F77ms, Is there nobody who could help you with your appeal? take some of the stress from your shoulders, it makes me so sad when People such as yourself are so ill that they have to give up the fight, it is little short of criminal I feel.

I do it all for DH as he cannot use the phone, and can hardly write or type now due to the Parkinson's, and arthritis in one wrist too. It stresses the hell out of me though, and I shall probably go to my grave earlier than I should because of it.

On that happy notegrin I am off to try to get some shut eys.
flowers to all

Cherrytree59 Thu 06-Apr-17 19:52:22

HopeHope I am lost for words.
A Travesty indeed .
What planet are these people on??
So sorry that you and your DH are faced with the ordeal of an appeal.
But some good GN advice for you on here
Fingers crossed that a rightful decision is forthcoming.
flowers and a strongwine

M0nica Thu 06-Apr-17 17:31:13

f77ms and HopeHope. Please go to appeal. The government is basing a lot of its figures on the basis that if they turn people down they will not appeal so thats the job done and dusted. Someone else off benefits.

Go to your local Citizens Advice Bureau (CAB) and they will be able to help you or point you to a local organisation that exists only to help people with appeals (I have forgotten what it is called.

I have a friend who was a Chairman of Social Security Tribunals for nearly 30 years before she retired. The Appeal Tribunals are entirely independent of the DHSS and have a very good track record for granting appeals. I think most people who apeal, win.

In fact they are so effective (for apellants, not the government that the government tried to abolish them at one point.

I used to accompany people to these tribunals and they are not like courts. Everyone I went to was the appellant and a friend sitting round a table with a properly qualified doctor (no lower grades for cheapness!!), someone with knowledge of disability, not infrequently disabled themselves and a barrister or solicitor as Chairman to make sure everything stays within the law.

cornergran Thu 06-Apr-17 09:11:55

So sorry you have both had this experience, Hopehope, but very pleased you have knowledgeable support and advice to turn to. flowers.

f77ms Thu 06-Apr-17 08:47:01

So sorry to hear about your DH . I recently failed my re assessment for DLA so know exactly how it feels . I was assessed by a Occupational therapist , no one is assessed by a Doctor anymore as it is too expensive . The Government have set targets to get people off their benefits whether they qualify or not so it does not surprise me that she failed him . I hope you are successful with the Mandatory reconsideration although I wasn`t ( apparently not choking often enough on my food and could walk with a stick for 20 metres ) I do not have the energy to go to an appeal court as it will stress me out so much . All this is happening while the MPs claim thousands in expenses .