Benefit claim turning into a nightmare

I was diagnosed with Autism in March after suffering from problems all my life and no one being able to figure out the reason. I was told at the time that I should be entitled to PIP given all the problems I face on a daily basis and how much help I require with simple tasks. So, I applied and went through the process even though I was apprehensive as filling out forms and having assessments were something I would rather do without. The whole process has been very upsetting and after 3 months and an appeal they are still claiming I am not entitled to anything and are scoring me 0 on absolutely everything and I am completely confused and upset by the whole thing. 

Firstly the assessment I had with their "health professional" was excruciating. Not only did it feel like she was trying to put words in my mouth the entire time and manipulate what I was saying to make it seem like I was fine, at the end of the interview she said "with all due respect you're a little old for an autism diagnosis" (I am 26). This was extremely upsetting to hear as I had just started to feel like I finally knew why I was different and why I had problems. Also I didn't think age mattered when it came to autism. She then proceeded to say "if I were you I would go down to the doctors and bang some drums it sounds like you are bipolar". I was so upset after this as I didn't see what that had to do with my claim and I don't see how it was her right to say. I still struggle with every day living as per the requirements but it seemed like she had completely disregarded all of that.

Then the first rejection letter came through and they had scored me 0 on anything and on their info about how they had come to their decision, everything written was either a complete fabrication e.g. saying that I appeared relaxed during my assessment and that I fully engaged and had no issue making eye contact (I don't see how that even matters to my claim but also I don't even know what the woman looked like as I didn't look at her once and it clearly states in my diagnostic assessment that eye contact is a big problem for me). So it was a complete lie, the rest was just twisting my words or repetition of the fact that I don't receive any treatment? Well I explained to her that I am waiting to receive an appointment with my counsellor to work out treatment but unfortunately its taking a long time. I also outlined all the treatment I had received in the past when I had no specific diagnosis, e.g anti depression/anxiety medications, CBT, counselling etc. but they had totally disregarded it. The list of inaccuracies goes on. 

I then appealed and wrote a long letter, quoting their letter and explaining why it was incorrect and how some of it was just plain lies. Then a week later I received an extremely similar rejection letter basically saying the same as before leading me to believe they hadn't even read my appeal. They stated I hadn't "specified" which parts I wished them to look at again when I went through it point by point?! Then on the end they just tagged on a load of jargon about me being physically capable... 

I am at a loss I know I have one more chance to appeal it but I am so upset by the whole process so far that I am just becoming depressed with it. I felt personally attacted by the "medical professional" they sent and it feels like everything I have said has been completely disregarded... 

Has anyone had a similar experience in applications for benefits or does any one have any advice? Perhaps it's something I'm doing wrong?

  • Claiming ESA at the same time that I claimed PIP made my experience even more bizarre. I had the medicals for both only days apart - either side of the same weekend. However, the ESA and PIP departments of DWP don't use the same sub-contractor for doing their benefit assessments, so they were in two completely different places.

    The PIP one I told about already above. The ESA one couldn't have been more different. The woman I saw was respectful, asked only about things relevant to my autism, and even read back what she was writing so that I could confirm that I agreed. I was awarded "support group" rate of ESA almost immediately without any fuss.

    I mentioned before that my first tribunal hearing had to be adjourned.  The DWP had messed up my PIP records somehow, so the judge ordered that DWP go away and dig out my ESA claim records, as they were submitted at roughly the same time and with roughly the same evidence, so would make a close substitute.

    Although I have the same contempt of the system as you, I actually wouldn't worry too much about PIP interfering with ESA. Not only do the two departments have utterly different systems and procedures, it appears that they won't even speak to each other unless a tribunal judge orders them to!  My own experience many years ago of working for the DSS (as it was then) is that the right hand not knowing what the left is doing is pretty much the normal state of affairs (to be fair, partly to ensure security and privacy.) I have also seen many, many complaints about PIP, but the problem of it interfering with existing benefits isn't something I can remember hearing about or seeing reported; though the other way around is quite common, that the stopping of PIP results in losing other entitlements for which it may qualify people (e.g. the Motability scheme).

  • This makes me not want to claim pip, I’m currently on ESA and thought that my recent  ASD diagnosis would help me towards getting a bit more money with pip, but I’m scared of upsetting the Apple cart now. If they mess people around like this with pip then what’s saying they wouldn’t cancel my ESA too.

    i feel angry at them for you, I can never find the words to describe how I feel, but I wish someone would expose them for what they are!

  • Have you looked at “Benefits and Work” website.  My granddaughter went from 0 points to Enhanced for both at appeal after I joined the B and W website.  Their help and information is invaluable to everybody who uses it.

  • I'm sad to hear you've had such a miserable time trying to navigate the benefits system but please don't think that it is your fault, or let it take over your life completely (although I appreciate this can be difficult). When I was on Job seekers allowance, and eventually ESA, the whole process made my mental health even worse than it already was.

    Have you got people supporting you through the process? I really recommend Citizens Advice website and going to a branch in person to ask about your case. I've recently also found support from a local mental health advocacy charity; they are going to send someone with me to my upcoming PIP assessment. Maybe there is something similar where you live?

  • I think you should start a group on here record several of these interviews where they lie then make a class action lawsuit against them, lots of organizations are like this they just try and save money by never paying out when they are supposed to, I had a similar experience (trivial in comparison) regarding the royal mail they lost an item the tracking said they lost it and they never paid the insurance I paid for, the only way to put bastards like that in their place is to sue them.
    And from other comments from “Perdu” it sounds like you already have one recording.
    It really is quite sick though to try and screw over people with disabilities, and would be very satisfying to take them to court prove they were lying, you could ruin their lives which is exactly what they deserve.

  • Up to the point that you have reached so far, my experience of claiming PIP was exactly the same as yours - my own evidence ignored, fabricated assessment observations, dismissal of my diagnosis, and zero points at every stage. A couple of months ago, nearly two years after originally making my claim, I had the second of two independent tribunal hearings and was awarded "enhanced rate daily living" and "basic rate mobility" (over 20 points in total), and have now been paid arrears back to my original application date.  I also have a friend who was in the same "zero points" position as me, who's autism displays broadly similar traits to mine, who also won a similar PIP award recently.

    From what you have written, I would say; no, you are not "doing anything wrong."  It is DWP who are "doing things wrong" by biasing their reading of your evidence to their preferred outcome and dismissing anything which doesn't confirm this bias. Recent cases in the High Court, investigative journalism, and accounts by whistle-blowers have repeatedly shown that ATOS assessors are often not fit to perform assessments, especially for claimants with mental and developmental conditions, and even that some assessment centres have used staff incentives to ensure a high proportion of negative assessments.

    So, demoralising as your current situation surely is (and I suspect is intended to be), don't dismiss the possibility of winning at a tribunal service appeal. The difference is that, in every part of the process that you've experienced so far, all decisions have been made by people representing, either directly or indirectly, the interests of the DWP. The tribunal service is independent of DWP and employs its own medical experts and judges, who will re-assess the evidence completely from first principles - in fact, the reason that I had to have two tribunal hearings was so that the tribunal service could collect additional evidence due to their misgivings about the "evidence" provided by DWP at the first hearing. You can also submit further evidence of your own during this process. The tribunal hearings were nerve-wracking, for sure, but it was immediately apparent to me that their lines of questioning were much more pertinent to my condition, and they were very understanding of how difficult the hearings were for me (e.g. allowing me to take a break when I needed one.)

    Of course, this may mean spending a long time with a very important decision hanging in the balance, which could be very stressful; I had to remind myself constantly that, besides a few hours here and there collating evidence and attending the tribunals, I was materially in the same position as I would have been had I not appealed. It is likely to be a big help if you can find an advocate who can help you through this process and attend the hearings with you, so I would advise you to seek out a suitable local disability advocacy service (your local CAB should be able to help with this.)

  • You are, definitely, not the only one!

    I am in a very similar situation.

  • I have had a very similar experience.

    I got the same about treatments and about me being physically capable.

    The assessment did feel like she was trying to put words in my mouth the entire time and manipulate what I was saying to make it seem like I was fine too.

    You have to go to the Tribunal. And you have more than one chance to appeal.

    I am upset by the whole process as well.

  • I did outline in my appeal that the assessments should be filmed. I wish that I had filmed it now because the amount of lies they told about what went on is disgusting. 

  • I covertly filmed mine, during which i had a meltdown (very minor, i swore, after being asked why i hadnt successfully killed myself), they terminated it and said they would reschedule then didnt and instead refused me pip, my advocate made a complaint which was rejected, i then informed the DWP that i had filmed the whole thing in broadcast quality 1080p60 422 colour space and was considering going to the guardian, lo and behold i was awarded pip.

  • Thank you, it does seem like I'm not the only one... 

  • Sorry, can't help directly. but I don't know if you are on the wrong planet website, but there is a post there very similar to yours regarding making a PIP claim

    PIP claim wrong planet