Well thats another step in this wretched journey over with , we attended court yesterday for our emergency PIP Tribunal , a performance getting Mr BH there and sorted , but we made it .
The DWP didnt even bother to show up , theyve made just 2 appearances in the time the tribunal has been sitting .
The panel were lovely , a retired GP , judge and a gentleman in an electric wheelchair , they were very kind to him and coached him through lots of questions about what had happened on the day of his assessment , they were very interested in why we were an emergency tribunal and asked our caseworker lots of questions regarding why we are receiving nothing in other benefits . She explained that after 12 months we are still in the assessment phase for ESA that is only supposed to be 12 weeks max and that they are still doing bog all with his case except ask for more forms and information whenever we question them . And that we are amassing rent arrears into their thousands because they will not process housing benefit until he is in receipt of benefits .
The judge seemed to be bemused that the main reason he failed his assessment was ownership of a white van , this he said is a total irrelevance . The doctor more concerned with the fact that his mix of medication in June was a little ill advised as he put it . the lovely disabled gentleman talked him through his day and the silly petty soul destroying problems he faces . The disabled gentleman explained that the descriptors have changed from his original award and that the crawl 20m rule with aids meant that he two had lost the higher rate of mobility
They then asked me if hed missed anything and i detailed the level of toileting problems he faces at which point he burst into tears . They then sent us out and debated for ages , the result was he scored 11 for care and 10 for mobility , that gives him easily enough for both the lower rates and its not a huge amount but its enough for us to live on in our normal frugal way and its a start . The caseworker is however going to regroup and see .
The bad news is that the DWP may decide to appeal the tribunal decision in which case it could be years till we receive anything , they have 12 weeks to object, nothing will be paid till then if at all.
I really hope that he gets the money he is entitled to now and the dwp don't decide to appeal keeping everything crossed for you, Eileen
ReplyDeleteSomehow this time I hope good news and hopefully soon,soon.
ReplyDeleteI hope your case isn't now dragged out for any longer than necessary Kate and you can at least start to get somewhere.
ReplyDeleteHugs-x-
At last common sense prevails, hopefully there will not be an appeal and you will get what is rightfully yours.
ReplyDeleteFingers crossed for you. My 2 "lodgers" re-applied for emergency accommodation yesterday as DD's partner (wheelchair-bound) has now received ESA (first applied for in Sept 2016) and a back-dated lump sum. They also heard that a homelessness application made in partner's previous place has now been closed (even though they had been turned down in previous place 5 months ago). We are just waiting for the council to ring to say whether or not they will help and trying to stay optimistic (3rd time lucky?) without getting our hopes up too much. The stress here is pretty high and I exploded last week over their mess and behaviour, and threatened to throw them out. I won't really (although I have been advised to do this to make the council help) but I'm not convinced I will ever recover the good relationship I always had with eldest after this, and the partner must think I am the mother from hell. It has been different reasons both times they have been turned down, but everything the council has asked for has now been provided. DD's partner has even said that she would be better off committing a crime and being sent to prison!
ReplyDeleteHow awful for all of you - the stress must be awful. I know it's difficult for your daughter and her partner but I think you have every right to lay down some rules and expectations given that it is your home. Good luck.
Deletethe whole process is just a soul destroying quagmire , at the tribunal going in after us was a women who had been reassessed 3 times in three years for daring to go to tribunal and then being able to afford solicitors, take it to high court level ,on her first appeal , even when you get a court awarding you a level for 3 years the DWP can call you back in after 6 months to start the whole process again ...the whole process is farcial .
DeleteQuick update - council have now agreed to look for "emergency" accommodation (obviously going to take a while due to wheelchair requirements) but I did write a letter in the end asking them leave "as soon as possible" to try to add some weight to the matter (then went and cried in the bathroom). Now, apparently, I may have a call from council to try to "help repair our relationship". I think what will help our relationship most is them having somewhere that is suitable for them to live and relieving the pressure we are all under. Just somewhere where DD doesn't have to sleep on a mattress on the floor so partner can have the single bed (in a room that is about 9ft x 8ft), and where partner can actually have a shower as mine is inaccessible for her.
DeleteWell at least it's a start! I'll keep my fingers crossed for you that 2018 will be a lot better than 2017.
ReplyDeleteKate, I still find it incredulous that so called professional people can act this way. If they have an ounce of respect for their department they'll let your claim go through without any further action.
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ReplyDeleteI do so hope that they don't appeal, we too have been through the system. It is a shocking way for anyone to be treated especially when they are vulnerable and in need. I have everything crossed for you.
ReplyDeleteBy their failure to attend such an important event I think they have lost their right to do anything...who are these stupid people and more importantly who is funding their wages...perhaps they need to be in the dock facing money wasting/abuse charges. x
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