Disability benefit decisions continue to use unlawful criteria

It is almost unbelievable, but it seems to be true. The people running the government department responsible for disability welfare benefits appear to have confirmed that they are either stupid, irresponsible, incapable, or all three.

As if all the mess with disability benefit claims, notably Personal Independence Payment (PIP), has not been enough – it is getting worse. Welfare campaigners Benefits and Work says the UK’s Department for Work and Pensions is:

  • advising claimants who were refused PIP before November 28 2016 to consider claiming again if they experience overwhelming psychological distress in relation to planning and following journeys, BUT
  • admits that it will turn them down again and that its decision will be based on criteria that (have) already been declared unlawful.

assessmentsOn its website, Benefits and Works’ Steve Donnison continues:

The DWP have also admitted that they are still making unlawful decisions on new claims and refusing PIP mobility to people who are entitled to it.

Their excuse is that they have not yet had the time to update guidance to health professionals and decision makers in relation to PIP mobility and psychological distress.

This follows the DWP’s decision in January to drop their appeal against (the court ruling), in which a judge held that changes to PIP mobility law made by the DWP were unlawful.

Updated guidance is expected to be available in the summer.

The DWP will then begin going through 1.6 million PIP claims, looking for all the wrong decisions they have made, and are still making, and put them right . . . sometimes we are genuinely just lost for words.

New: ‘Drive-by’ PIP assessments

I could not agree more, but it seems that the much renowned PIP claims assessors, contracted to the DWP, have come up with another wheeze. Here is Donnison again:

It’s too soon to say how widespread the issue is.

But there are a worrying number of reports, from Benefits and Work members and elsewhere, of claimants losing their benefits because a PIP assessor claims they were not at home when the assessor called.

In each case the assessor is able to describe the appearance of the house, such as the colour of doors and windowsills, and this is taken as sufficient evidence that the assessor called.

In one case The Independent newspaper contacted Capita and it was suddenly decided that the assessor had indeed called, but at the wrong time. So, another assessment was arranged.

In two cases involving Benefits and Work members CCTV evidence appears to have supported the claimants’ assertion that no-one had come knocking at the door.

These may be isolated incidents based on genuine misunderstandings and mix-ups about times or addresses. Or they may be evidence of something more disturbing: assessors under time pressure doing a drive-by of a claimant’s home and then claiming to have called.

We don’t, as yet, know the accuracy of this ‘drive-by’ allegation but it would come as no surprise to me if it is proved to true.

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Affiliate disclaimer: This affiliate disclosure details the affiliate relationships of MS, Health & Disability at 50shadesofsun.com with other companies and products. Read more.

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50shadesofsun.com is the personal website of Ian Franks, a freelance medical writer and editor for various health information sites. He enjoyed a successful career as a journalist, from reporter to editor in the print media. He gained a Journalist of the Year award in his native UK. Ian received a diagnosis of MS in 2002 and now lives in the south of Spain. He uses a wheelchair and advocates on mobility and accessibility issues.

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Note: Health-related information available on 50shadesofsun website is for your general knowledge only. It is not a substitute for medical advice or treatment for specific medical conditions. I am not a doctor and cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues. Also, consult a doctor before starting a new diet or exercise programme. Any opinions expressed are purely my own unless otherwise stated.

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