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-   -   Worrying news for ESA claimants converting from DLA to PIP. (https://www.cableforum.uk/board/showthread.php?t=33703747)

Maggy 05-08-2017 08:25

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by denphone (Post 35910847)
Perhaps TD when he walks a mile in someone else's shoes he might grasp a better understanding of how things really are instead of demonising every benefit claimant out there as yes there are cheats and they are a small minority and the state should come down hard on them but trying to blacken every other benefit claimant is nothing more then reprehensible and insulting.

:tu:

Taf 05-08-2017 10:55

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nomadking (Post 35910832)
... asking for a reconsideration followed by appeal(if necessary) was always the better option of the two. Even then there were one month time limits for those steps.

You cannot request a tribunal without first having a mandatory reconsideration result, as tribunals demand the paperwork you get from a MR. And again, it has to be requested within 28 days of the date on the MR letter (which in many cases is taking up to a week to arrive in the post). So only 21 days left to gather the info, write the MR request letter and get it to the DWP.

nomadking 05-08-2017 11:48

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Taf (Post 35910866)
You cannot request a tribunal without first having a mandatory reconsideration result, as tribunals demand the paperwork you get from a MR. And again, it has to be requested within 28 days of the date on the MR letter (which in many cases is taking up to a week to arrive in the post). So only 21 days left to gather the info, write the MR request letter and get it to the DWP.

A MR wasn't required between 1998 and April 2013. But requesting an optional reconsideration was allowed, prior to going to appeal. At that time possibly getting matters resolved in a couple of weeks is obviously better than waiting several months for the tribunal hearing to take place.

A key question about this ruling will be. do you get the assessment rate of ESA while waiting for the Tribunal hearing if you are appealing against late MR requests? If not, then it's much better to take the MR route. If you do get the assessment rate for late requests, then it's still better to make an in-time request as explained before.

Late requests have always and still will be, initially considered by the DWP. The question was, "what if the DWP says no". Was the next step appeal to the First Tier Tribunal or was it Judicial Review.

My quotes were from the actual 48 page ruling.

Taf 05-08-2017 12:18

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
With the DLA to PIP transition, if they decide you should get the lower rate, the higher rate, or nothing at all at first decision, your benefit is reduced, increased or stopped from the date of the first decision.

It can be raised, started or even stopped after an MR, back to the original decision date.

Ditto after a tribunal.

Tribunals are taking around 6 to 9 months to get to a case, so, for example, if they decide you should have Enhanced Mobility Payments it often means you have been without a Motability vehicle for all that time. Or have had no income for the same period.

nomadking 05-08-2017 12:40

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Taf (Post 35910878)
With the DLA to PIP transition, if they decide you should get the lower rate, the higher rate, or nothing at all at first decision, your benefit is reduced, increased or stopped from the date of the first decision.

It can be raised, started or even stopped after an MR, back to the original decision date.

Ditto after a tribunal.

Tribunals are taking around 6 to 9 months to get to a case, so, for example, if they decide you should have Enhanced Mobility Payments it often means you have been without a Motability vehicle for all that time. Or have had no income for the same period.

Same with DLA to DLA, nothing has changed. You didn't continue to get your old rate until after a tribunal.

dilli-theclaw 07-08-2017 08:50

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
I got my paperwork mixed up it's an esa50 form for ESA. I'm currently in the support group so I hope it stays that way.

denphone 07-08-2017 09:06

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35911167)
I got my paperwork mixed up it's an esa50 form for ESA. I'm currently in the support group so I hope it stays that way.

My fingers are crossed dilli.

weenie 07-08-2017 12:24

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by denphone (Post 35911175)
My fingers are crossed dilli.

ditto although I'm sure you will be fine dilli.

RichardCoulter 12-08-2017 19:41

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Pilots (which this Government tends to ignore the results of and go ahead anyway) are to take place to get those with learning difficulties, autism etc into work:

https://speyejoe2.wordpress.com/2017...-tories-icymi/

---------- Post added at 18:41 ---------- Previous post was at 18:25 ----------

After refusing a FOI request, the Government now admits that some disabled students will have their ESA/Universal Credit cut off:

http://blacktrianglecampaign.org/201...ersity-access/

dilli-theclaw 02-12-2017 11:20

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35911167)
I got my paperwork mixed up it's an esa50 form for ESA. I'm currently in the support group so I hope it stays that way.

Just had my result, back in the support group without an assessment. One less to worry about just got wait for PIP now.

denphone 02-12-2017 11:28

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35927237)
Just had my result, back in the support group without an assessment. One less to worry about just got wait for PIP now.

That is great news dilli.:tu:

dilli-theclaw 02-12-2017 13:08

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
I still feel all kinds of wrong claiming it all though.

MalteseFalcon 02-12-2017 13:41

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Why? Can't remember what it is you claim, but you are entitled to it. Ignore the haters (yes rich of me to say that because I can't even take a joke at work) and carry on. Trust me, if they were in your shoes they would soon change their tune.

denphone 02-12-2017 13:42

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35927253)
I still feel all kinds of wrong claiming it all though.

Why? as you have every right to claim it dilli as don't listen to those who's narrow minded uneducated views believes most benefit claimants are scroungers.

Taf 02-12-2017 14:43

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35927253)
I still feel all kinds of wrong claiming it all though.

In my mind, it should not have to be a "claim" but an automatic payment of financial aid for those who need it. But I understand what you mean, there is a stigma attached to Benefits that opens you to critisism by some. Been there, suffered that. :(

A DWP brown envelope arrived for our daughter this morning and my heart skipped a beat. But it was not her DLA-to-PIP letter, just notification of her £10 Xmas Bonus.

Ken W 02-12-2017 14:48

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Taf (Post 35927266)
In my mind, it should not have to be a "claim" but an automatic payment of financial aid for those who need it. But I understand what you mean, there is a stigma attached to Benefits that opens you to critisism by some. Been there, suffered that. :(

A DWP brown envelope arrived for our daughter this morning and my heart skipped a beat. But it was not her DLA-to-PIP letter, just notification of her £10 Xmas Bonus.



I agree.

Osem 02-12-2017 15:33

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35927237)
Just had my result, back in the support group without an assessment. One less to worry about just got wait for PIP now.

Excellent. Yes it's inevitably worrying but we tend to hear plenty about the awful horror stories and not so much about those when the system works fairly well. Osem Jnr # 2 didn't need a PIP assessment and I can't believe you will. :tu:

---------- Post added at 15:33 ---------- Previous post was at 15:30 ----------

Quote:

Originally Posted by Taf (Post 35927266)
In my mind, it should not have to be a "claim" but an automatic payment of financial aid for those who need it. But I understand what you mean, there is a stigma attached to Benefits that opens you to critisism by some. Been there, suffered that. :(

A DWP brown envelope arrived for our daughter this morning and my heart skipped a beat. But it was not her DLA-to-PIP letter, just notification of her £10 Xmas Bonus.

Yes, brown envelopes have that effect on me too... :erm:

For us the PIP process was far easier than the DLA and the outcome much better FWIW. Good luck Taf. :tu:

RichardCoulter 02-12-2017 15:37

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by dilli-theclaw (Post 35927253)
I still feel all kinds of wrong claiming it all though.

Some time ago you said that you were going to "claim everything that you could get"; I hope all the negative propoganda from David Cameron et al hasn't got to you :erm:

There is nothing wrong with those entitled to help claiming what's due to them, don't let anybody tell you otherwise.

Taf 08-12-2017 11:14

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Whitewash report incoming...

https://www.disabilityrightsuk.org/n...al-assessments

OLD BOY 08-12-2017 22:52

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35927272)
Some time ago you said that you were going to "claim everything that you could get"; I hope all the negative propoganda from David Cameron et al hasn't got to you :erm:

There is nothing wrong with those entitled to help claiming what's due to them, don't let anybody tell you otherwise.

I think Dilli is simply acknowledging that hard working tax payers are paying for this, Richard.

Most of us are happy for the genuinely deserving to receive these benefits. It's the scroungers that cause such rage in the population.

Dilli has shown that she is conscious of this, and that being the case, I have no concerns with a proportion of my money going to her.

Hugh 08-12-2017 23:39

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
He, not her

OLD BOY 08-12-2017 23:57

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35928109)
He, not her

Sorry, my bad. :erm:

Apologies, Dilli.

denphone 09-12-2017 05:32

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by OLD BOY (Post 35928106)
I think Dilli is simply acknowledging that hard working tax payers are paying for this, Richard.

.

Indeed and that has not been forgotten.

---------- Post added at 05:26 ---------- Previous post was at 05:24 ----------

Quote:

Originally Posted by OLD BOY (Post 35928106)
Most of us are happy for the genuinely deserving to receive these benefits. It's the scroungers that cause such rage in the population.

.

Indeed those who cheat the system should have the book thrown at them.

---------- Post added at 05:32 ---------- Previous post was at 05:26 ----------

Quote:

Originally Posted by OLD BOY (Post 35928106)
Most of us are happy for the genuinely deserving to receive these benefits.

Dilli , l and others never chose to have serious ill health but as we know life does not go in smooth lines at the best of times OB so one is happy that one gets help to help with the extra costs caused by long term ill-health or disability.

papa smurf 09-12-2017 09:48

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35928109)
He, not her

phew i though he'd had the nip n tuck for a moment

dilli-theclaw 09-12-2017 10:07

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by papa smurf (Post 35928146)
phew i though he'd had the nip n tuck for a moment

gotta be stuck here in Hospital for something right ;)

blackthorn 09-12-2017 19:33

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
1 Attachment(s)
These new freephone numbers became valid from the 7th Dec. Might be helpful to some.

RichardCoulter 09-12-2017 21:54

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by OLD BOY (Post 35928106)
I think Dilli is simply acknowledging that hard working tax payers are paying for this, Richard.

Most of us are happy for the genuinely deserving to receive these benefits. It's the scroungers that cause such rage in the population.

Dilli has shown that she is conscious of this, and that being the case, I have no concerns with a proportion of my money going to her.

You talk as though disabled people don't pay tax, when the vast majority do. Not all taxpayers are hard working either, many don't work at all.

Also, a good proportion of disability benefits aren't funded by the taxpayer, but by the National Insurance scheme that disabled people will have paid into whilst they were working.

Fraud, by the Governments own figures, is negligible.

OLD BOY 10-12-2017 01:40

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35928219)
You talk as though disabled people don't pay tax, when the vast majority do. Not all taxpayers are hard working either, many don't work at all.

]Also, a good proportion of disability benefits aren't funded by the taxpayer, but by the National Insurance scheme that disabled people will have paid into whilst they were workin
g.

True, but that doesn't entitle them to defraud the system, does it?

---------- Post added at 01:40 ---------- Previous post was at 01:30 ----------

Quote:

Originally Posted by RichardCoulter (Post 35928219)
You talk as though disabled people don't pay tax, when the vast majority do. Not all taxpayers are hard working either, many don't work at all.

Also, a good proportion of disability benefits aren't funded by the taxpayer, but by the National Insurance scheme that disabled people will have paid into whilst they were working.
.

Not at all, Richard. But if you receive benefits, that is effectively a tax discount. And if they are entitled to those benefits, that's fine.

I agree that some employees don't work as hard as they should, but that is for their employers to resolve. However it is not an excuse for fraudsters to steal our money.

RichardCoulter 10-12-2017 15:25

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by OLD BOY (Post 35928227)
True, but that doesn't entitle them to defraud the system, does it?

---------- Post added at 01:40 ---------- Previous post was at 01:30 ----------



Not at all, Richard. But if you receive benefits, that is effectively a tax discount. And if they are entitled to those benefits, that's fine.

I agree that some employees don't work as hard as they should, but that is for their employers to resolve. However it is not an excuse for fraudsters to steal our money.

Never said it did, was just pointing out that not all benefits are funded by taxation.

Many taxpayers don't work at all, you're just repeating the words of certain politicians who wanted to demonise disabled people with inflammatory language.

Taf 10-12-2017 16:04

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35928285)
Many taxpayers don't work at all....

And many workers don't pay Income Tax, just get clobbered by National Insurance which seems to take away with one hand what was given as an increased Personal Allowance on the other.

OLD BOY 10-12-2017 16:36

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35928285)
Never said it did, was just pointing out that not all benefits are funded by taxation.

Many taxpayers don't work at all, you're just repeating the words of certain politicians who wanted to demonise disabled people with inflammatory language.

How so? I've already clarified that most of us have no issue with legitimate claimants. I am not sure what you are getting at here, to be honest.

RichardCoulter 10-12-2017 22:43

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
It's a pity that you're more focused on the negligible amount of fraud (like the Government) than on their reforms that have made life a miserable worry for the majority of disabled people.

Your attitude to the affects of a disability upon an individual was succinctly summed up when you said that it was their problem.

OLD BOY 11-12-2017 13:26

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35928321)
It's a pity that you're more focused on the negligible amount of fraud (like the Government) than on their reforms that have made life a miserable worry for the majority of disabled people.

Your attitude to the affects of a disability upon an individual was succinctly summed up when you said that it was their problem.

I'm not sure in which context I said that, Richard, assuming that I did.

You have my remarks completely out of context. My view is:

1. Those who claim benefits legitimately do so to obtain their legal entitlement, and most people, including myself, have no problem with that.

2. Some falsely claim, and these people are despicable and should be prosecuted.

So, instead of going off on some tangent, why don't you enlighten us and clarify which of those statements you disagree with?

Assuming that you do not disagree, I really can't fathom what you are arguing about.

Osem 11-12-2017 16:54

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by OLD BOY (Post 35928366)
I'm not sure in which context I said that, Richard, assuming that I did.

You have my remarks completely out of context. My view is:

1. Those who claim benefits legitimately do so to obtain their legal entitlement, and most people, including myself, have no problem with that.

2. Some falsely claim, and these people are despicable and should be prosecuted.

So, instead of going off on some tangent, why don't you enlighten us and clarify which of those statements you disagree with?

Assuming that you do not disagree, I really can't fathom what you are arguing about.


Take 2 of these twice a day... :banghead:

:D

OLD BOY 11-12-2017 17:50

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Osem (Post 35928385)
Take 2 of these twice a day... :banghead:

:D

Thanks, Osem, I feel better already! :D

RichardCoulter 06-02-2018 21:29

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
The Government decision to amend the regulations to cut PIP to those facing psychological problems when going outside eg those who are blind, have mental health problems/disabilities has been defeated by the courts.

As a result every PIP claim (whether successful or not) since the scheme began will have to be reviewed (there are about 200,000 of them).

There will be no need to contact the DWP as they will contact each person separately and you won't be required to have another face to face assessment, however, because assessors were in effect told not to take this issue into account, many claims will have insufficient information and be routinely turned down. If you are turned down you should appeal and provide the extra information to support your claim.

This is going to cost a fortune to administer and is another example of this Governments cuts to help for the most vulnerable in society costing the taxpayer more than what they hoped to save.

This extra help could be worth up to £58 a week at current rates.

denphone 07-02-2018 04:41

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Actually Richard the total being reviewed is 1.6 million claims.

Quote:

A total of 1.6 million of the main disability benefit claims will be reviewed, with around 220,000 people expected to receive more money.
Quote:

The minister for disabled people, Sarah Newton, said the DWP was embarking on a "complex exercise and of considerable scale".
http://www.bbc.co.uk/news/uk-42862904

Taf 07-02-2018 09:27

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Our local radio was plastered with ads for "medical professionals" to become "disabilty assessors" for Capita. Starting pay £34k. A friend called and asked what the job actually entailed and was told that "after training" he would be "reviewing a backlog of old decisions for several months".

Hugh 07-02-2018 13:13

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Taf (Post 35935917)
Our local radio was plastered with ads for "medical professionals" to become "disabilty assessors" for Capita. Starting pay £34k. A friend called and asked what the job actually entailed and was told that "after training" he would be "reviewing a backlog of old decisions for several months".

They were fibbed to - Decision Makers at the DWP do the decision making.

The Capita people may be needed to re-assess the claimants, but at the moment the DWP is still working out what is needed.

nashville 07-02-2018 13:35

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
It is a disgrace when genuine people with mental health and really bad health get a set back, A friend of mines daughter has a lot wrong with her and had her PIP stopped , that night she took a heart attack and is worse that ever,

denphone 07-02-2018 14:06

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35935937)
They were fibbed to - Decision Makers at the DWP do the decision making.

The Capita people may be needed to re-assess the claimants, but at the moment the DWP is still working out what is needed.

Yes according to reports its going to take them a considerable while to review 1.6 million claims.

---------- Post added at 14:06 ---------- Previous post was at 14:04 ----------

Quote:

Originally Posted by nashville (Post 35935946)
It is a disgrace when genuine people with mental health and really bad health get a set back, A friend of mines daughter has a lot wrong with her and had her PIP stopped , that night she took a heart attack and is worse that ever,

One cannot blame the decision makers nash as they have to apply the rules as are set in their remit as the fault lies much higher up IMO.

nashville 07-02-2018 15:22

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by denphone (Post 35935956)
Yes according to reports its going to take them a considerable while to review 1.6 million claims.

---------- Post added at 14:06 ---------- Previous post was at 14:04 ----------



One cannot blame the decision makers nash as they have to apply the rules as are set in their remit as the fault lies much higher up IMO.

I know Den, But this panel of judges get paid extra for everyone the turn down ,I heard !

Hugh 07-02-2018 15:53

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nashville (Post 35935978)
I know Den, But this panel of judges get paid extra for everyone the turn down ,I heard !

I think that might be an internet rumour, rather than reality...

There's only one judge, and sometimes a doctor and someone else.

https://www.citizensadvice.org.uk/be.../your-hearing/

peanut 07-02-2018 18:12

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35935937)
They were fibbed to - Decision Makers at the DWP do the decision making.

The Capita people may be needed to re-assess the claimants, but at the moment the DWP is still working out what is needed.

Yeah that's why people get the decision overturned when it comes to the appeals. Because the when you get the report back on why you failed in the first place the report omits everything that was said, the evidence and happened in the assessment. Of course the DWP do the decision making....

Hugh 07-02-2018 18:44

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
They make a decision based upon the information presented in the assessment, as well as other supporting evidence; they do not validate the assessment.

My wife works in the same building as a couple of hundred of the DMs.

richard s 07-02-2018 20:57

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Great Tory plan in action.

RizzyKing 08-02-2018 06:00

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
But can the DWP honestly say they didn't see bad assessment's coming from a company that puts people through an assessor's course no previous medical knowledge or qualifications needed making those assessment's. My assessor declared me physically able because i could move nine feet from my riser chair to the kettle in the kitchen if only saying it made it so I'd have paid her. She described my periods of depression as bouts of being unhappy and pain levels as perfectly managed by medications none of which reflected the answers i gave her or the fact i was sweating like a tap with snow on the streets it was anything but a warm day and couldn't move my right arm because of pain.

I am fortunate that i had a fantastic GP and three consultants who all made it clear that I wasn't fit for work and were prepared to state that in a tribunal if necessary but the assessment was a total joke and not everyone has the fortune of having a condition that cannot be faked or a medical team that cares. The system is broken it's not working and it's time it was handed over to the NHS yes they won't make assessments to fit a quota system from the DWP but then the appeals process would be hugely reduced saving a considerable amount of money there.

denphone 08-02-2018 06:09

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
IMO assessment's should be brought back in house because the current system as it stands is utterly unfit for purpose.

Hugh 08-02-2018 15:18

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by denphone (Post 35936054)
IMO assessment's should be brought back in house because the current system as it stands is utterly unfit for purpose.

There is a lot of agreement for that proposal, only problem is that it would lead to more Civil Servants, which people also seem not to want..,

denphone 08-02-2018 15:37

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35936126)
There is a lot of agreement for that proposal, only problem is that it would lead to more Civil Servants, which people also seem not to want..,

The trouble is in this country is you are damned if you do and you are damned if you don't a lot of the time.

peanut 08-02-2018 15:38

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35936126)
There is a lot of agreement for that proposal, only problem is that it would lead to more Civil Servants, which people also seem not to want..,

Who are these 'people' you are referring to?

Mr K 08-02-2018 15:44

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Hugh (Post 35936126)
There is a lot of agreement for that proposal, only problem is that it would lead to more Civil Servants, which people also seem not to want..,

The public are a bit fickle. They want less civil servants, but the private sector, whose motive is profit not public service have to fill the gap. They'll only be interested in targets and getting the next contract, not fairness. After years of cutting civil servants there is now mass panic recruitment after the Brexit vote, so this must be what the public wanted after all !

Carth 08-02-2018 16:12

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
The NHS and Pensions are being hit in the pocket because there are now more people alive, and they're living longer.

The same in a way applies to the disabled, the more there are the less they get from the pot.

The NHS are trying many 'schemes' to reduce outlay - as in the constant attempts to deny the obese, smokers, drinkers etc the same service as 'normal' people get. Is it really any wonder that the Disability powers are doing the same?

In both cases, there needs to be a lot more money going INTO the pot to ensure everyone has a fair share - otherwise we will all soon end up with nothing.

denphone 12-02-2018 06:22

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
DWP spent £100m on disability benefit appeals, figures reveal.

Quote:

The costs were described as “staggering” and a former Conservative minister said “something is seriously wrong with the system”.
Quote:

Since October 2015, 87,500 PIP claimants had their decision changed at mandatory reconsideration, while 91,587 others won their appeals at tribunal.
Quote:

Ros Altmann, a Conservative peer and former DWP minister, said the money could be spent on benefits for those who need them, rather than the costs of fighting claims.

“Disability benefits need an overhaul and, of course, we must not let people make bogus claims, but the extent of the appeals we are seeing clearly indicates that something is seriously wrong with the system,” she said.
Quote:

“A vast majority of people are happy with their assessments, and only a very small proportion of all ESA and PIP decisions are overturned at appeal — just 4% for PIP and 5% for ESA.

Read more: http://www.dailymail.co.uk/wires/pa/...#ixzz56s8wfE9r
Follow us: @MailOnline on Twitter | DailyMail on Facebook

https://www.theguardian.com/politics...nsions-figures

RichardCoulter 12-02-2018 10:12

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Whilst making the lives of the sick and disabled a misery (an extraordinary amount of deaths have occurred too) through these reforms/cuts, it has actually cost the taxpayer more overall.

2/3 of appeals are said to be successful (the solicitor that I use claim a 100% success rate). Despite my severe disabilities I was awarded nothing and after their involvement obtained the highest amount available.

It has been claimed that their was a culture of routinely turning down the claims again at the Mandatory Reconsideration stage, so as not to undermine the quality of the initial decision making process. Statistics and internal whistleblowers have backed this up.

My worry is that not every disabled person has the strength to fight or the resources to appoint a solicitor to deal with this problem.

Taf 12-02-2018 11:23

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by RichardCoulter (Post 35936516)
My worry is that not every disabled person has the strength to fight or the resources to appoint a solicitor to deal with this problem.

I am a member of several online groups, and the number of people who give up at the first refusal is staggering.

I suspect this is what HMG and the DWP actually want.

Most of those who wanted to give up, but took forum or legal advice to fight on, went on to win the same levels they had previously under DLA.

Renewal is started a year before the award ends, so I have seen people finish one round of hell only to have to start it all again immediately, and then be refused any award until they get to Tribunal.

And now large numbers are being reassessed for ESA and being found ineligible until they get to Tribunal.

It might be weeding-out some malingerers, but it is probably affecting the mental and physical strength of many who deserve the support.

RichardCoulter 12-02-2018 15:10

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Totally agree.

The Cameron Government changed the whole culture of the DWP from being a service to help those in need to one where everyone is viewed with suspicion as a fraudster or malingerer.

The May Government has ever so slightly moderated this by agreeing that it's pointless continuing to reassess some people over and over again (although the criteria for this is so limited that it's virtually useless).

The fact that her Government decided not to appeal the legislation found to be unlawful that was designed to cut help to people including the blind and mentally ill/disabled was a welcome unexpected surprise.

My fear is that if she is ousted by the more right wing members of the Conservative Party that things will worsen again.

RichardCoulter 14-02-2018 17:54

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
After someone with an amputation was asked when it was expected to grow back again, today's Victoria Derbyshire programme reported that someone with Downs Syndrome was asked how they caught it!

An assessor was also interviewed who resigned after two weeks because she passed someone with learning difficulties and was overruled by an auditor who had never met the person, even though the individual had been to a special school etc. Included in her claims was the fact that reports are frequently compiled by copy/pasting word documents!

This assessor was a trained nurse who said that she was only given for weeks training for the post. As well as resigning, she has also reported the matter to her professional body.

nomadking 14-02-2018 18:40

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
There are reports going back years(ie before 2010) of problems with assessments and reports.

I have personally experienced times when Decision Makers have phoned me to explain a decision and are completely unwilling to explain any of the points raised. A big bugbear of mine is that even the ATOS/Maximus assessors don't include the medically known impact of proven conditions.

I had a report where one moment it said "Breathless on exertion", yet claimed "no breathlessness when shaving" to be proof of no problems when exerting myself to mobilise. Been around the houses with that claim. Losing at a First Tier Tribunal, appeal to Upper Tribunal, Upper Tribunal agreeing that there was an "error in law", First Tier Tribunal rehearing and finally winning support group. That all took a long time(18 months). In the meantime I had to initially sign on for JSA, and quickly signed myself off sick with an Extended Period of Sickness(EPS), which lasts for up to 3 months, made a new claim for ESA, was initially accepted(which is difficult with a previous failed ESA claim), turned down, now waiting for another Tribunal hearing, which with any luck won't need to go ahead, as I now have a very recent Tribunal ruling in my favour.

Even the Jobcentre agreed that I shouldn't be on JSA. They set things up for jobs with a maximum of 16hrs/week, which was the minimum hours they were allowed to set, and I didn't have to sign on daily as I would normally be expected to do. Crazy situation, but it looks like I'm managing to get around the roadblocks put in place.

OLD BOY 14-02-2018 23:15

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nomadking (Post 35936849)
There are reports going back years(ie before 2010) of problems with assessments and reports.

I have personally experienced times when Decision Makers have phoned me to explain a decision and are completely unwilling to explain any of the points raised. A big bugbear of mine is that even the ATOS/Maximus assessors don't include the medically known impact of proven conditions.

I had a report where one moment it said "Breathless on exertion", yet claimed "no breathlessness when shaving" to be proof of no problems when exerting myself to mobilise. Been around the houses with that claim. Losing at a First Tier Tribunal, appeal to Upper Tribunal, Upper Tribunal agreeing that there was an "error in law", First Tier Tribunal rehearing and finally winning support group. That all took a long time(18 months). In the meantime I had to initially sign on for JSA, and quickly signed myself off sick with an Extended Period of Sickness(EPS), which lasts for up to 3 months, made a new claim for ESA, was initially accepted(which is difficult with a previous failed ESA claim), turned down, now waiting for another Tribunal hearing, which with any luck won't need to go ahead, as I now have a very recent Tribunal ruling in my favour.

Even the Jobcentre agreed that I shouldn't be on JSA. They set things up for jobs with a maximum of 16hrs/week, which was the minimum hours they were allowed to set, and I didn't have to sign on daily as I would normally be expected to do. Crazy situation, but it looks like I'm managing to get around the roadblocks put in place.

I am really sorry to hear this. Unfortunately, it is the true shirkers in society that are ruining so many lives by having all these checks imposed on genuine claimants.

peanut 15-02-2018 00:32

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by OLD BOY (Post 35936891)
I am really sorry to hear this. Unfortunately, it is the true shirkers in society that are ruining so many lives by having all these checks imposed on genuine claimants.

No it is isn’t. It’s the politicians that keep moving the goalposts as a cost cutting excercise at the expense of all claimants. As those at the bottom has less voice than anyone else. But we’ve been vilified long enough now so the likes of you will continue to think the way way you do.

RichardCoulter 15-02-2018 00:59

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
But watch such people change their mind when something happens to them or their loved ones, they soon change their tune.

I have a friend who has done just that, she used to come out with similar nonsense...then she became disabled herself. All of a sudden it's terrible what this Government is doing, she's paid in all her working life etc etc.

The amount of fraud present in the disability benefits caseload, according to the Governments own figures, is 0.5%- the lowest along with state pension fraud.

You have hit the nail on the head Peanut about changing the goalposts simply to save money, yet they can afford to subsidise theatre goers.

nomadking 15-02-2018 07:23

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by peanut (Post 35936911)
No it is isn’t. It’s the politicians that keep moving the goalposts as a cost cutting excercise at the expense of all claimants. As those at the bottom has less voice than anyone else. But we’ve been vilified long enough now so the likes of you will continue to think the way way you do.

Some of the issues may be down to the rules/laws that are set, but in the main it is the application of the rules/laws that is the problem.

When you look at the guidance for the assessors, you can clearly see what they are not doing at all or not doing properly. Doesn't matter what laws the government passes, as long as the attitude of the assessors and decision makers remains the same.

Taf 15-02-2018 10:10

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nomadking (Post 35936927)
.... as long as the attitude of the assessors and decision makers remains the same.

Some "insiders" have said that they were basically told to write up reports to heavily favour the DWP position and not those of the claimant. "Errors and omissions" became the norm to weaken the claimants' cases. But they were easily spotted at Tribunal after comparison between the claim forms, medical evidence and assessor reports.

With a starting salary of £34k, it's a very lucrative post to get for a basic nurse, physiotherapist or paramedic. No long experience required, just enough training to be called "a health professional".

peanut 15-02-2018 10:16

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nomadking (Post 35936927)
Some of the issues may be down to the rules/laws that are set, but in the main it is the application of the rules/laws that is the problem.

When you look at the guidance for the assessors, you can clearly see what they are not doing at all or not doing properly. Doesn't matter what laws the government passes, as long as the attitude of the assessors and decision makers remains the same.

I totally agree but when the assessors have incentives to meet certain targets set from above, whether that means a target amount of claimants processed per day or a given a target pass rate per day then it is never going to be fair. Wasn't there an undercover video showing that if they pass too many they get reprimanded. The blame has to go to the top.

nomadking 15-02-2018 11:46

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by peanut (Post 35936954)
I totally agree but when the assessors have incentives to meet certain targets set from above, whether that means a target amount of claimants processed per day or a given a target pass rate per day then it is never going to be fair. Wasn't there an undercover video showing that if they pass too many they get reprimanded. The blame has to go to the top.

They are not targets as such. If they reject too many, then that would also be looked into. It would be too easy for an assessor to simply pass everybody. Eg People go on about traffic wardens having "targets". Again it would be all too easy for them to sit at home and/or ignore any parking infringements. Without "targets" it can be all too easy for people to dodge doing their jobs properly.

weenie 15-02-2018 14:25

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
As I have previously stated I must have been one of the lucky ones as the lady who did my assessment wrote pain relief somewhat effective, she also added to my claim in where I was awarded the mobility - standard rate. Overall all I found my assessment with this lady to be very informative as she made me aware that I could apply for a blue badge from my local council which I did and also got.

I think you get good and bad everywhere and I'm just grateful that my first assessment for PIP was a good one, in her report she rationalised her findings in great detail and backed it up with all the supporting medical evidence given to her, she left nothing out my report in fact she added to it.

Taf 15-02-2018 15:27

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Our council now only issues blue badges based on "Higher Rate of the Mobility Component of the Disability Living Allowance" or "Personal Independence Payment for being unable to walk further than 50 metres (a score of 8 points or more under the ‘moving around’ activity of the mobility component)".

Discretionary issues cost them money , so they are withdrawing the eligibility assessments.

denphone 21-03-2018 11:35

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Tens of thousands of ill or disabled people underpaid benefits, spending watchdog finds.

Quote:

An estimated 70,000 claimants transferred to Employment and Support Allowance (ESA) from other benefits since 2011 were underpaid - some by up to £20,000 - the National Audit Office (NAO) reported.
Quote:

As a result of the error the DWP estimates it will need to pay a total of between £570 million to £830 million more ESA than previously expected by the end of 2022-23.
http://www.itv.com/news/2018-03-21/d...-esa-payments/

nomadking 21-03-2018 12:31

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by denphone (Post 35941396)
Tens of thousands of ill or disabled people underpaid benefits, spending watchdog finds.

http://www.itv.com/news/2018-03-21/d...-esa-payments/

For people worried by ending up with too much in their bank account and it affecting benefits. Arrears are disregarded as capital until after 52 weeks of receiving it. So if you have £3,000 in savings and add £10,000 arrears to your bank balance, your savings are still £3,000 for the next 52 weeks. You can't be considered to be reducing your capital in order to claim benefits, because it's not yet counted as capital.

denphone 06-06-2018 07:01

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Atos and Capita warned to improve PIP disability tests or risk losing their contracts.

Quote:

Atos and Capita must improve the delivery of Personal Independence Payments (Pip) or face losing their contracts, MP Frank Field has said.
Quote:

The government was developing IT systems to move some of the work in-house.
Quote:

The government has accepted the key finding of the DWP committee report, to make video recording of assessment interviews a standard part of the process.
https://www.bbc.co.uk/news/uk-politics-44367420

Taf 06-06-2018 10:12

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Presently, claimants can request to record the assessment. But this has to be done in advance, and some assessors shy away from being recorded. The claimant has to record audio only, on tape, and supply the assessor with a copy at the end of the interview. So you need 2 recorders.

If the DWP changes to routinely video recording the assessment, the claimant should get a copy, but I bet they find a way to prevent that.

I now know of 3 cases where persons claiming ESA (new claim or renewal) have been denied it, and within weeks has been called forward to be reassessed for DLA or PIP and been refused that too.

But all 3 went to tribunals after lengthy waits and have won both ESA and PIP claims for 5 years.

nomadking 06-06-2018 10:49

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
How is recorded evidence meant to be presented to Tribunals? Are they going to have to view/hear the whole thing?

Mr K 06-06-2018 11:08

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Is there any comeback on these PIP assessors who's decisions keep getting over turned. Or do they just get paid all the same ? Think the Govt. are hoping for intertia and hoping folks don't appeal.

pip08456 06-06-2018 11:54

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Mr K (Post 35949470)
Is there any comeback on these PIP assessors who's decisions keep getting over turned. Or do they just get paid all the same ? Think the Govt. are hoping for intertia and hoping folks don't appeal.

I doubt very much if the assessors are penalised if a decision is overturned on appeal.

IMHO due to the number and cost of appeals then if overturned the company which did the assessment should be charged for the cost as there was an obvious error in the assessment. The problem here though is that a claimant isn't required to explain what their disability is but how it affects them which many claimants have a problem with, especially those who fill the form in themselves. They just don't realise that the priority has changed.

nomadking 06-06-2018 12:13

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by pip08456 (Post 35949475)
I doubt very much if the assessors are penalised if a decision is overturned on appeal.

IMHO due to the number and cost of appeals then if overturned the company which did the assessment should be charged for the cost as there was an obvious error in the assessment. The problem here though is that a claimant isn't required to explain what their disability is but how it affects them which many claimants have a problem with, especially those who fill the form in themselves. They just don't realise that the priority has changed.

Changed? It's always been about how things affect the claimant. If only it was as easy as that.

Quote:

61008 DLA is a benefit that depends on a person’s need for care and help with mobility arising from a disability.
...
61021 General information on the likely care and mobility needs arising from the more commonly occurring medical conditions can be found in the Customer Case Management Adult and Children’s Medical Guidance.
Usually there has to be an identified condition to back up any claims.

Taf 06-06-2018 13:43

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by nomadking (Post 35949468)
How is recorded evidence meant to be presented to Tribunals? Are they going to have to view/hear the whole thing?

Tribunals are presented with all written evidence at the moment, but will accept the claimants LEGAL audio copy of the assessment if the claimant believes their case was improperly assessed.

The tribunal staff go through the evidence, then either make a decision on that, or call in the claimant for a face-to-face interview.

techguyone 06-06-2018 14:27

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Quote:

Originally Posted by Mr K (Post 35949470)
Is there any comeback on these PIP assessors who's decisions keep getting over turned. Or do they just get paid all the same ? Think the Govt. are hoping for intertia and hoping folks don't appeal.

I think you're right, it's savings by elimination

a % will not even claim for PiP
a % won't get it
a % won't appeal it
a % won't go to tribunal

Each step of the way the govt (any govt) will save something, even on the % that get overturned on appeal or tribunal they are still saving.

Stephen 06-06-2018 14:58

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Well g9t my PIP letter today.

Scoring 6pts so it's a no.

Will be calling to appeal and also ask for the copy of the assessment.

RizzyKing 06-06-2018 21:20

Re: Worrying news for ESA claimants converting from DLA to PIP.
 
Good luck Stephen i hope you get a positive result I've had my ESA assessment but am still waiting on the PIP one should be sometime this year.


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