transcript

transcript for this voicemail: http://justiceforlb.org/a-culture-of-candour-justiceforlb/

Good morning, hello, hi, I believe this is a message for Dr Sara Ryan, um obviously on the media (not sure on this any help?) into the care of southern health. I work for southern health and I feel awful that you lost him I’m so sorry that you have done, it’s tragic, and, I hope you find some closure after the report, the issue of the cqc today, but I do think you are being very vindictive. I think you are a vindictive cow

On tv all the time um slating NHS southern health, with your intelligent background, ya know as much as much as anyone else knows, that southern health only took over those units in Oxfordshire recent you know the recent months before , before your son died.

You know, with your background, it takes a while to make changes in anywhere, and I think now your (on a mission) (again I think that’s right sorry on this word), you want some attention, but you are vindictive and you are unpleasant, and you are a nasty cow.

933am Friday april 29th

Rage

I am angry. I am really angry.

I was awarded zero points for my transfer from DLA to PIP on the 18th March. Thanks to the lack of staff at the DWP my mandatory reconsideration, part one of my appeal can take up to eight weeks to complete. I sent it on the first april, and so have been told it could be up until 30th May before I hear anything. But that isn't why I am angry (although its leaving feeling pretty helpless).

My husband complained about my medical assessment just after it happened. I have written previously about how distressing it was, we could hear everything that was said from next door and when we asked to move was told there were no rooms available.

We got the reply today, and this is what I am angry about. Some quotes from the response

"I have contacted the assessment centre in question and the confirmed room the was a temporary measure used for one day only due to a lack of computers available. The room is not normally used and will not be used again in the future."

"The health professional (HP) followed correct procedure as the only option open to them was to cancel the assessment, which would have caused even more distress to you."

I got zero points for this distress. I got zero points because none of this distress was even mentioned on my medical report, despite the fact they clearly mention it here.

They used a room that they admit was not suitable and will never be suitable to conduct a medical assessment. They should NEVER have even let me be in that room in the first place. It wasn't a case of cancelling the assessment if it was going to cause distress, (ie if they could get away with it then why bother re arranging).

It is horrible to think I have been treated so poorly. I have written a strongly worded letter to the DWP. I am hoping they can see how disgusting this is.

I have asked them to completely dismiss the medical as ATOS themselves have admitted it wasn't up to their usual standard. I have provided plently of other good evidence from medical professionals to not need another (I hope).

O, and ATOS mentioned the DDA, perhaps I need to write to them and let them know the equality act came in at the same time of the welfare reform act, and suggest they take a read of both? And the english really is as bad as my quoting.

I'm fat

Last night on dispatches the assessor was caught on camera talking about claimants in a derogatory fashion. Its just made me think. They called me fat to my face. Here is a copy of my PA4, my medical assessment.
I have mental health problems, tell me what relevance this "observation" is?

I quit. I had no choice

I wanted to write something smart or inspirational tonight, but when it comes to it, I can't.

Today I have had to give up my teaching qualification. Why?

Because the DWP took my Personal Independence payment away. Even though I am appealing, appealing takes time and in the meanwhile I can't live on nothing. The money I could get from student finance isn't enough to cover every day bills, and you cant get extra unless you claim PIP.

At least this way we can hopefully get housing benefit. Which will keep a roof over our heads.

It was also the medical that made me too ill to continue as it came at a crucial time of the year for me. Due to the trauma it caused me I was too ill to work for two weeks, and thats' a long time for teaching.

Perhaps there will be time for equolent words tomorrow. Tonight, there is just this.

How I wrote my mandatory reconsideration

couple of disclaimers, I am not legally trained (its more a student/academic approach) and I am yet to receive word on how my MR has been taken, but thought it might be helpful to some people.

Its not easy . I wrote a 10 page report on why I qualified and how for mandatory reconsideration, but its not entirely necessary as MR is usually just a rubber stamp by the DWP and the majority go to appeal. (That being said as you can use your MR for appeal why not both, it was my logic).

Once you have your statement of reasons from the DWP as to why they didn't award PIP 

have a good rant about. Shout, scream, write or talk about all the things that are so stupid about it all. Now put that aside, and onto the serious bit of getting what you are entitled to. 

I didnt use any of that in my MR statement. Not worth it, emotions are going to be distractions to the facts. Become a robot. Put yourself in the place of a decision maker. They are sitting down with your claim and your evidence in front of them and the assessment report. Put the assessment report aside for the first part.

Go through each descriptor as a decision maker. Write that you disagree with the decision made because of this piece of evidence. Quote it, reference it in the text with an indication of where it is in which piece of evidence. All facts, no emotions. If you don't have evidence for a descriptor, then you might need to get your evidence provider to write something additionally (but you may not have time for it as you only have 30 days, but still request it for the possibility of appealing as you still will only have 30 days if you need to appeal after MR is over). Just add you don't have evidence at this time but are requesting additional information from X with contact details.

You need to prove that you hit the points descriptor for the majority of days and to do so means that you need to be able to do the activity reliably. That is safely, to an acceptable standard and repeatedly. There is a definition of what the "reliably test" is in the PIP dwp assessment guide here: https://www.gov.uk/government/public...ment-providers

Ok, to reverse it. You need to demonstrate that it is dangerous, you can not complete it to an acceptable standard or would not be able to repeat it again at the same speed as would be expected, and take over twice as long as a non disabled person (I think thats right but the definition is in the booklet linked above). Remember that it has to affect you for the majority of days as well.

Bullet point it if you need to. Use your evidence, your original form, any additional evidence, stuff about your condition, and include it all in the final submission for them to look at.

For example: I disagree with the decision you made regarding descriptor X because, according to the evidence I submitted with my original claim My Consultant states

"My patient cannot do this"

Which means that I am unable to do this safely, to an acceptable standard and reliably. I can not do this for the majority of days because in addition to the above evidence I have also stated on my original form this:

" I can not do this on any days"

and my friend who wrote a supporting statement wrote this

"This person can not do this and I have to do this because of this."

(Im being intentionally vague because i'm really bad with examples and dont want to influence what you write, its just to demonstrate the format I used)

OK, next bit, discrediting the report. Well, not discrediting it as such. Remember, your the decision maker here. You need to justify why you didn't use it.

Any inconsistencies with the evidence from medical professionals compared with the report?

Is your condition complex to understand?

Does your anxiety manifest itself clearly and standardised so that anyone could pick up on it?

Don't lie, and don't accuse them of lying. Just state that the evidence you have provided is going to be enough to support your claim without needing to take into account the medical. Would it be possible for the people who went with you to the medical to record their own observations of you at the medical and send it in as a letter? Was there anything with the medical that meant you may not have been able to engage properly etc.

If you want to complain about the medical, send a complaint to the medical providers. Ask them to improve their standards.

As I said this is just my method, and it means I have done it for the appeal as well as the mandatory reconsideration so it saves some work.

Statement of decisions

so I got my statement of decisions today. It is quite simply terrible. It is a prime example of why medicals are innapropiate for people who have mental health problems. My mental health problems are complex and require long term pyschotherapy, which isnt available on the NHS. The decision maker, or the person doing the medical doesnt seem to understand that for some people, the NHS is not going to offer them the care they need. Trust me, I would love not to have to pay 45 pounds a week for my therapy, but that is the way it is. Because of this, and the fact I dont take anti aniexty medication means I must be faking it and be perfectly healthy thank you. It stated I dont access mental health services, I am guessing they got that from the physcotherapists letter that they were sent as evidence? It states that as I have seizures "only" once or twice a day lasting a few hours, that I am perfectly safe to cook in the kitchen and use a bath or shower. They negated to mention that both the kitchen and water and specific trigger points for me to have a seizure and that I have no warning of a seizure. It reads like I can pick and chose the times of my seizures and can fit washing and cooking around those. Of course, yes. It makes no mention of the fact I had a breakdown in the medical, and could hardly say my own name let alone anything else. I needed "no prompting" and showed "no signs" of cognitive impairment. I struggled all the way through the medical and couldnt even answer the basic maths or english question at the end. It stated that I got to the assessment centre on the tram and I travel on the tram so am perfectly fine, no mention of the fact I have to have someone with me at all times because of aniexty (which i dont have, see above). I dont have any issue with budgeting because we have a joint bank account and direct debits. Make of that what you will, as we said, its my partner who deals with that, I'm just on the account. Its time to fight. but first I must go and have a 3 hour soak in the bath all by myself and then go cook a three course meal before travelling to some far flung country tonight. with all the money, we dont have...

ids has gone, but..

So the news tonight is that Ian Duncan smith has quit. That's great, hes gone, but my life goes on. Today I got my PIP decision, zero points, I repeat zero points. Just as a reminder i had a panic attack during my medical. I have to wait until Monday before I ring to find out what's happened. I hope its a mistake. I didn't want to tell anyone, not until I found out what was going on. But with this news I am reminded from disability studies that the personal is politcal, and it seems apt that today both events happened. Life goes on, peoples lives are being ruined. In four weeks time we lose our DLA, carers allowance, income support and housing benefit. In four weeks time my husband, 2 year old and I will have no income. And IDS resigning wont have any impact on that.