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Blatant discrimination by DWP - RENEWED FOR 3 YEARS


reallymadwoman
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Decision received, enhanced for both components for 3 years.

 

To say I am relieved would be a complete understatement, but it won't stop me from now pursuing all those complaints. First job is getting a copy of my file.

Excellent news, another brilliant result. You can chill out for a while now and enjoy the coming festivities without a big weight hanging over you.

You can rejoin the fray in the New Year after a well earned break and give them what for with renewed confidence, enthusiasm and vigour.

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Definitely will do - I've promised no letter writing until after Xmas!

 

and I'm still waiting for a copy of the report etc, but my brain is not co-operating with forgetting about this for a while. The decision letter lists where I've scored points and, particularly since I know exactly what evidence was available, it's total rubbish. E.g. I've got 1 point for needing an aid to take medication, but they've ignored the 30-45 minutes physio exercises that I have to have help with every day and I've been given no points for preparing food when at best I have to use aids (for the same reasons as I use them for bathing etc, and where I have been given points) and in reality I'm not safe cooking at all and I gave them evidence of the three fires I've caused prior to being banned from using the grill! When my welfare person helped me to write up the additional evidence for the assessment (using a totally brilliant format which I will share when I have time) I got 48 points for daily living, but the DM has only given me 18, and in fact none of the scores are correct, and neither are the ones for mobility. If it was only a few points out it wouldn't matter as obviously some things are subjective but to be so far out can only be because most of the evidence has been ignored.

 

What I'm worried about is that even though I've been awarded enhanced for both components so it won't make any difference to what I'm paid, if I don't challenge the report I may be assumed to be agreeing with it and by implication agreeing that my evidence was either false or fabricated.

 

I think that the way to approach this is to ask for the DM's justification - I believe they have to say why they've chosen the points for each descriptor and which evidence it's based on - and then use that and the report to effectively complain that my evidence has been ignored rather than ask for a reconsideration/appeal. Does this sound reasonable?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...
Decision received, enhanced for both components for 3 years.

 

To say I am relieved would be a complete understatement, but it won't stop me from now pursuing all those complaints. First job is getting a copy of my file.

 

That's really great news RMW but what a nightmare you've been put through to get it sorted.

 

I will say 'thank you' again because I'm going through similar problems now and I can honestly say I understand why people just decide to end it all because it's an utterly vile and cruel system.

 

I shall start my own thread tho.

 

Wishing you all the best for the New Year and a more peaceful and constructive future.

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  • 2 weeks later...

I have now received the report from ATOS which is so inconsistent it's unbelievable that a) the nurse that wrote it read any of my evidence and b) the DWP decision maker didn't send it back as not fit for purpose.

 

I do now have all the evidence I wanted before beginning my complaint to ATOS, so I'll be drafting that over the next week as well as the complaint to the DWP over the issues getting a paper claim form.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Inconsistency and incompetence are this departments forte!

 

They excel in everything that is inept.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

I pretty much spent a week (I can only manage an hour or so at a time) taking the report to pieces, and complaining about the whole process from start to finish, including that their incompetence put me in hospital. Letters were posted yesterday and may have already arrived on an ATOS desk though I know there's not a chance of the DWP sending an acknowledgement within the 5 working days I've given them.

 

From previous experience, ATOS will actually respond fairly quickly though I doubt I'll be impressed with the response and so we're likely to move to Stage 2 of the complaints procedure fairly quickly.

 

Similarly, from previous experience if DWP reply at all it won't be for around 8 weeks which makes moving through the complaints procedure painfully slow. I know you can't escalate to the Independent Case Examiner until you have a final response from them, but I don't want the same issue as last time when it took 11 months to get a final response and then only because my husband took to phoning them every day. If they do start dithering, I shall send a reminder escalating it to the next stage and see if that improves their focus.

 

I could of course be being overly pessimistic and the whole thing could be settled to my satisfaction within a week. Did anyone else see that pink thing fly past?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I am glad you got your pip sorted reallymadwoman, I have yet to receive my results, attended my face to face at the end of October after they cancelled o9ne appointment and forcing me to say yes or no in instantly if I could attend on the date they gave me!

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RMW, what I did to force the DWP to sit up and get a shift on, was after I had waited 8 weeks for them to respond, :flypig:, I lodged a complaint with the ICE, who responded very quickly that they had been in touch with the DWP who said I've not exhausted 'their' complaints procedure yet, and they hadn't issued me with a final response.

 

BUT, the ICE told the DWP to follow their own guidelines and send me a response OR their final response, and I got their final response within 8 days.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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RMW, what I did to force the DWP to sit up and get a shift on, was after I had waited 8 weeks for them to respond, :flypig:, I lodged a complaint with the ICE, who responded very quickly that they had been in touch with the DWP who said I've not exhausted 'their' complaints procedure yet, and they hadn't issued me with a final response.

 

BUT, the ICE told the DWP to follow their own guidelines and send me a response OR their final response, and I got their final response within 8 days.

 

Good tip, thank you. It's mad that they don't have the either/or like other ombudsmen - the Energy one doesn't either - so there's actually a good incentive not to issue a final response.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 4 weeks later...

Nothing yet from the DWP, not even an acknowledgement. Excellent 'customer' service there, but they still have 7 days according to my deadline.

 

Full response received from ATOS this morning. First reaction was to find a no win no fee solicitor, but Hubby is 100% opposed due to the stress legal action would cause and how long it would drag on. Second reaction is to reply along the lines of 'Clearly I used too many big words, so here is the easy read version' and include the idiot's guide to dealing with customer complaints with '1. Read the complaint' highlighted.

 

Absolutely furious doesn't begin to describe how I feel about their response, which I'm sure is number one on the list of what not do in the aforementioned guide!

 

They've offered a goodwill gesture of £50. I'd have been less upset if they'd offered nothing.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 months later...

Finally managed to get a second response from ATOS which comprises 3 paragraphs and basically ignores every single complaint, they're no longer even offering the £50. Either they think I'll just give up and go away, or they want me to go to ICE.

 

Most annoying comment is from their Chief Medical Officer (though their letter just uses the acronymn and assumes I will know what it means) who maintains the report is fully justified and accurate despite the 8 examples of serious inconsistencies and the total lack of any justification to the point where the HP could have picked descriptors at random and provided a more consistent report.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Go to your local MP's drop in sessions. Take all your paperwork, and demand they take action against this department.

Edited by honeybee13
Pejorative word removed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 months later...

My complaint has now been accepted by the Independent Case Examiner, though I've been warned that they're currently dealing with complaints accepted last September so there's likely to be quite a wait.

 

DWP have promised to improve things for people who can't use the phone, but I'm not holding my breath.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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My complaint with the ICE has only just been assigned to a case manager, some 18 months after the initial complaint was lodged.

 

So yes it does take a very long time, but as long as it's ticking over in the background, I'm quite happy, now to get on with my complaint about O2 with the Ombudsman!! :thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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