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cripthevoteuk-blog · 7 years

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Disabled in Theresa May’s Britain #40: KCD

From Wales

I don't usually like to get too political but with the election coming up I felt it was important to share my experience in the hope some people will re think their support of a gov who seems determined to undermine the NHS and disabled people.

I was born with severe bilateral congenital talipes equinovarus - basically both feet turned in and down (aka severe clubfeet).

Unfortunately as a child I didn't receive some of the more successful treatments e.g. Ponsetti method, but over the years I have had frequent surgical and non-surgical intervention. However, despite best efforts, I am still left with restricted mobility in my ankle joint and also osteoarthritis. Unfortunately, this had led to secondary issues of back, hip and knee pain and it also severely affects my walking. And, being totally honest, my disability is a large factor that has contributed to me experiencing depression and anxiety too.

Most of the time I do try to get on with it , and will try to do things like go for days out etc and I try to work (on reduced hours) because I want to lead a 'normal' life like anyone else and be as independent as I possibly can. I was brought up to try my best, get an education and a job to support myself - relying solely on benefits was not an option I wanted.

But, unfortunately, it's not always that simple. Every time I leave the house I have to consider how far I will be walking, the terrain, gradient, opportunities for rest and also if there is parking close by. For 'big days' like a wedding or a trip out, I make sure I have nothing else planned for a while after so that my feet can recover, as quite often I experience pain, stiffness and discomfort after the event, as well as during.

I rely on my family to help me with daily things like cooking, cleaning etc and more e.g bathing/dressing if having a bad day. I also rely on my automatic car (can't drive manual without adaptations) and the blue badge.

While it is by no means as 'bad' as what others may have to deal with, my disability does affect me on a daily basis and I have relied on the support granted to me INDEFINITELY by Disability Living Allowance- which allowed me to have a Motability car. It also paid for the amount of wide fitting supportive shoes I have to buy as I wear through the heel of even the most supportive shoes every 5-6weeks.

However, since the introduction of PIP, I have been reassessed to see if my disability 'fits the criteria' for support. I had to fill out endless forms and provided masses of evidence to support my claim, some of which was from a professor in this area who treats my feet. All of which I had already done when claiming for DLA in the past.

I then had to endure a face-to-face "assessment" - a term I use lightly for this experience. What followed was a series of questions designed to 'catch people out.' I was also asked to do a series of hand grip tests (what relevance to foot disability?) stand on one leg (which I could not do) reach my hands over my shoulder (again, relevance?) walk approx 4 metres (with a limp!) and then sit down.

At no point did the assessor LOOK at my FEET (which are clearly scarred and disfigured) despite me offering to show her. She also asked me to explain my condition as she hadn't heard of it before (what!?)

What followed this frankly belittling experience was her summary of findings and a decision. They were not going to give me anything! I also had to give back or buy my car, which was a huge blow. I opted to buy it as I need it to get around.

After reading her summary, my emotions got the better of me, as there were several inaccuracies in there (e.g. She said I could crouch- she never asked me to crouch. If she had, she would have seen that it is a physical impossibility for me as my ankle doesn't move that way) She also said there was no disability in my upper or lower limbs! (Last time I checked, feet are definitely classed as lower limbs, or have I missed an important anatomy lesson?)

There were also some downright lies - She interpreted me saying that I occasionally attend the pool on doctors advice as a non weight bearing way to strengthen my core muscles as 'she regularly does sporting activities!' -Anyone who knows me knows that I do not do sporting activities, and have been advised against weight bearing activities e.g running and sports. I was even excused from every single P.E lesson at school so I could attend physio instead. It made feel me feel angry, but also small and like I had done something wrong. It made me feel like I was making a big fuss over nothing and that I should just suffer the disability I have had since birth in silence as 'they' had deemed it not bad enough.

So I appealed, with the support of the Citizens Advice Bureau, who were great. I clearly highlighted the inaccuracies and lies and even went through each point on the marking criteria to put in how many points I should have had (and provided evidence for it).

Unbelievably, the appeal was unsuccessful! So I went for a tribunal. Reluctantly, if I'm honest, as by this point I was utterly defeated by the process to prove my disability was bad enough - to the point where I had anxiety attacks and many sleepless nights! The decision to go for it in the end was made after my family said I needed to go and stand up for myself and say that the decision is WRONG! I needed to put the record straight on what had been said about me.

The tribunal was held in the local court, which is quite intimidating, especially as I had never had reason to go there before. Personally, I associate 'going to court' primarily with wrong-doing, though I do know that is not the only use.

I was sat with my mother on the lower levels facing the higher bench, where the presiding judge, the DWP representative and the medical professional sat. At the risk of sounding dramatic, it felt like a trial.

What followed was a barrage of questions about me and my disability- how it affected me on a daily basis. Some of them were ridiculous e.g Q: in a week how many days would you say are bad days? - A: um I'm not sure! (surely that is subjective would depend on a variety of factors such as activity levels!) Q:Could I walk the length of a football pitch without stopping? - A: no, not without breaks. Q: How many breaks would you need? - A: I don't know! It would depend on how much I walked before hand, the terrain, the gradient, the walking surface, time of day, whether I'd woken up in pain! Q: yes but how many? ... I found the DWP rep very intimidating in her questioning technique, where she continued to ask the same question over again, wanting more detail than I could give her. She wanted her questions answered with very specific scenarios in mind that weren't realistic to my life. Q: Can you cook a meal just for yourself? A: Yes if I sit down to prep and don't have to walk far with heavy items. Q:Could you do it if it was cooked in a microwave? A:Yes, but I live with my family and therefore it's not just for myself and I don't want to eat just microwaveable meals (so what is your point in asking in relation to an unrealistic scenario?) Q: yes, but could you do it?...

Though I'm not the most confident person, I would say I'm not easily ruffled. But, when I walked out of that court room and got outside the building, to my embarrassment, I burst in to tears. Overcome with emotion (and partly due to being pregnant) I was physically sick twice into the bushes. To say I felt a fool is no exaggeration!

In all honesty, that was the most intimidating and awful experience of my life. I am so glad that I had my mother there to support me and also to speak up on my behalf, because without that I would have been more of a mess. I'm also glad I took the day off to go as there was no way I would have gone back to work in that state. I have to say that, in fairness, the Judge was kind and I thought he was very fair, even helping me interpret some of the questions asked. He also gave me an opportunity to raise any other points at the end, so I highlighted inaccuracies and lies and also directed him to my most useful evidence.

So, after going through all of that, I did get some good news. The tribunal overturned the decision and awarded me some PIP- not enough to get my Motability car back, but I went from having 4 points to 16! Finally some recognition and justification! And I can reapply for my blue badge now!

What infuriates me though is that before PIP came in I had indefinite DLA for my condition (which unfortunately isn't going to get better but will slowly degenerate with age.) But I was still put through this ordeal. Not only that, it's not over. The DWP can still appeal this decision and go back to tribunal again, wasting more taxpayer money! And, even after that I will have to go through the claim process again when my current claim period ends in 2019 because they no longer do indefinite or longer period claims!

This gov. shows a complete lack of respect for the disabled people in this country. This is shown by the cuts and the assessment processes put in place that show a complete lack of understanding about disability and how each individual's case can vary greatly. Even the title Personal Independence Payment is a joke as they are not helping people like me stay independent! I understand that nothing is perfect, and you do get those who abuse the system, but what Mrs May and the DWP fail to understand is that we do not fit neatly into a box, we are human beings. Is it too much to ask to be treated like one?

#disability #welfare reform #accessibility #politics #uk politics #ge2017 #theresa may #human rights #cripthevoteuk

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trendingnewsb · 6 years

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All PIP disability claims to be reviewed

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Media caption‘My husband had to quit work to care for me’

Every person receiving Personal Independence Payments (PIP) will have their claim reviewed, the Department for Work and Pensions has said.

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.

It comes after the DWP decided not to challenge a court ruling that said changes to PIP were unfair to people with mental health conditions.

The review could cost £3.7bn by 2023.

The minister for disabled people, Sarah Newton, said the DWP was embarking on a “complex exercise and of considerable scale”.

She added: “Whilst we will be working at pace to complete this exercise it is important that we get it right.”

What is the row around PIPs all about?

U-turn in disability benefits row

Why I secretly taped my disability assessment

Ministers made changes to PIP in 2017 which limited the amount of support people with mental health conditions could receive.

As a result, people who were unable to travel independently on the grounds of psychological distress – as opposed to other conditions – were not entitled to the enhanced mobility rate of the benefit.

‘Vital support’

The government pressed ahead with the proposals, despite criticism from an independent tribunal in 2016.

An independent review of PIP in 2017 was critical of the assessment system, after revealing 65% of those who appealed against rejected claims saw the decision overturned by judges.

And in December, a High Court judge ruled the alterations “blatantly discriminate” against people with psychiatric problems and were a breach of their human rights.

Last week, new Work and Pensions Secretary Esther McVey announced the government would not appeal against the judgement, despite not agreeing with certain aspects of it.

Analysis: By Nikki Fox, disability news correspondent

The government’s announcement to review all claims for PIP is not, as it may seem at first glance, a complete overhaul of the system.

This judgement won’t affect people with physical disabilities, but the DWP will be going through everyone currently in receipt of PIP to narrow the 1.6 million claims down to approximately 220,000 people it thinks will be affected.

The DWP has told me it will prioritise claimants who were disallowed PIP over those already in receipt of the award.

Shadow work and pensions secretary Debbie Abrahams said it was “shocking” that so many claims were having to be reviewed and expressed concern that a timetable for action was yet to be put forward.

“The government was wrong to cut PIP benefits in the first place, wrong to bring in the PIP regulations last year and it was wrong to repeatedly ignore the views of the courts,” she said.

Mark Atkinson, chief executive at disability charity Scope, said more had to be done to address all the issues.

“While it’s crucial that the government urgently identifies and pays the vast numbers of disabled people who lost out on this vital support, this will not address the root of the problem,” he said.

“The fundamentally flawed PIP assessment needs a radical overhaul so it accurately identifies the extra costs disabled people face.”

Philip Connolly, policy manager at Disability Rights UK, welcomed the review but expressed regret at “persistent failures” of the assessment process.

“Huge amounts of taxpayers’ money is being wasted on poor quality assessments which deny disabled people benefits that they qualify for.”

Image copyright Alamy

Image caption Campaigners protesting Personal Independence Payments outside courts in London

‘I felt totally discriminated’

Keith Thompson, who lives with bipolar disorder, had his PIP reduced from £420 to £220 because he did not score enough points on his assessment.

The 49-year-old was moved from the Disability Living Allowance (DLA) to PIP in October 2017.

He told the BBC: “I got a letter saying my payments would stop and I would be reviewed by assessment for PIP.

“The lady there wasn’t a psychiatrist. She asked if I could walk, none of the questions related to any of my mental health problems.”

He said that he “felt totally discriminated”, and that the “whole process was totally disgusting”.

He was initially told he would receive no PIP payment, but that was later reviewed and he was informed he would receive a minor PIP, rather than the full amount.

“I don’t know what’s going to happen. What if it gets reviewed and I end up with nothing?”

‘I’ve received no payment’

Kelly Bailey lives with borderline personality disorder, and says she had her PIP removed when she informed the DWP her condition had worsened.

“They sent me for a consultation, we spoke for a little while, and then they sent a letter saying thanks for letting us look at your claim again.

“I got the letter in January. The letter said that my needs have changed so now they’re stopping my payments.”

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