Going to appeal for PIP (Social Anxiety)

CTX

Hi I've been turned down for PIP and they have looked at it again (mandotary reconsideration) but again turned down. I now have to appeal. I'm doing this on my own with no help from anyone and I was hoping someone would be able to tell me where to get the appeal form from as I'm scared I'll fill in the wrong form. Its the first time I've done this.

I also wanted to ask how do I go about looking at my medical records especially from mental health services and making copies of them to help with my appeal?

I'm applying due to long term social anxiety and agoraphobia. I'm reclusive and live alone, I hardly ever leave the house. At my home interview because I was nervous I drunk 4 cans of strong lager which loosened me up enough for them to say that

"during the mental state examination you demonstrated good cognition and you were able to understand the purpose and follow the process of the assessment. Your speech was intelligible and you spoke at a normal rate and volume. You demonstrated good insight into your conditions and showed adequate memory in providing a comprehensive history and in recalling events both recent and past. Your mood was normal and you maintained eye contact throughout, building a rapport with the health professional. You responded appropriately to all questions asked without prompting. There was no evidence of any thought disorder".

The thing is what would social anxiety and agoraphobia have to do with not understanding the purpose of the assessment? Its like they are saying that because I knew why they were there that there can't be anything wrong with me. I've also never told them I have memory problems but its like they are saying that because my memory is fine there can't be anything wrong. But I'm not applying for PIP due to memory problems and besides I thought a lot about what I needed to tell them before the assessment so those things were obviously fresh in my mind. I was abviously far less nervous than usual due to the drinking but that's my own fault.

They did accept that I had long term problems with social anxiety and agoraphobia which I recieve ESA for and gave me on both the initial decision and the reconsideration 4 points for engaging with other people face to face, and they gave me 4 points for planning and following journeys which is part of the mobility component. So 4 points care and 4 mobility both times but not enough for the standars rate of either.

Any advice on how I should proceed would be great. But most importantly can someone tell me the exact form I need and where to get it. I don't have a printer so I can't download it.

Thanks.
CTX

pmlindyloo

Details of the form here:

https://www.gov.uk/pip/appeals

You can call the DWP and ask them to send a form or the quickest way is to ask a friend to print it off for you, go to the library or pop into CAB and they will print off a copy for you.

If you can't do any of these ring CAB and ask them to send you a copy ASAP explaining your difficulties about obtaining the form yourself.

pmlindyloo

Your doctor should have all medical records and reports. You need to ask for copies. They may charge.

paragon909

I would advise you not to use alcohol before getting assessed for a medical it does people no favours, Thinking getting drunk or stoned before an assessment will make a difference, If you didn't drink the cans and got "loosened up" then you might of shown that you couldn't communicate etc, But ultimately the cans were your down fall because they apparently made you better! yes alcohol can be used to surpass anxiety. So you probably shot your self in the foot here....

CTX

Thank you pmlindyloo I'll give the DWP a ring today and ask them if they can send them straight out. I don't understand the forms on the gov website as it says the forms are to appeal social security and child support which is why I initially started a thread as I was afraid they were the wrong forms. They will be open in a few hours so I'll give them a call.

Yes paragon909 I know I shot myself in the foot because alcohol is like a wonder drug when it comes to my social anxiety I go from incredibly panicky, sweat running down my face, clothes sticking to me because I'm wet through to a guy that can actually talk to people. The reason it has such a dramatic effect is because I'm a light weight, the huge downside to that is I get drunk very easily. Good job I'm a recluse to be honest!

Alice_Holt

You may find this info useful:
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/
http://www.advicenow.org.uk/guides/how-win-pip-appeal

If you can't get specialised CAB help with the appeal, it is worth considering subscribing to benefits and work (c.£20) as their guides are very helpful.

The appeal process is now 2 stage.

The first stage is to ask the DWP for a Mandatory Reconsideration (MR) of their decision.
http://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Be aware of the time deadlines - 1 month limit for each stage.

My experience is that the DWP rarely change their decision on MR, so my judgement (others may take a different view) is to get the MR completed ASAP using medical evidence and information you have readily to hand. Go through the PIP descriptors carefully and set out fully the case for why you should have been awarded the necessary points.
See:http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test


Stage 2 is the appeal to the Tribunal Service (TS).
This is done on a SSCS1 form (http://s3-eu-west-1.amazonaws.com/hmctsformfinder/sscs001-eng.pdf)
A copy of the DWP response to your MR has to be attached. DO opt to attend the hearing, then you can explain fully to the panel.

You can then send further evidence diectly to the TS in readiness for your hearing.
This might include further evidence from your GP (very useful if they are supportive, you can see them and show them the PIP descriptors, and their letter relates directly to the appropriate descriptors); evidence from family, carers, friends; your statement outlining to the TS why you should be awarded PIP; your comments on the DWP reasons for not awarding the benefit and the validity of the assessment.
It is best to keep your submissions to the tribunal brief, to the point, and relevant to the PIP activities.
(Think of the panel's reaction to the info you send them).


The How To Win a PIP Appeal guide is really helpful on the appeal process.

For instance these bits are really helpful when you are preparing for the tribunal -

"For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker, community psychiatric nurse, occupational therapist, or other professional, evidence from them will be very useful too.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). This is unusual, so your doctor/social worker etc may not understand that. So give them a copy of the activities / descriptors.......

......You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be brief. Include everything that is connected to the activities’ that entitlement to [ESa] is based on.

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).......

.......f you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you’ve said and why you should be getting the benefit before they meet you."


If you can't get help from the CAB. Then one approach to getting the approriate medical evidence could be to speak to your GP by telephone.
Let him/her know what is happening, and ask if (s)he would be able to support your appeal.

If the answer is yes, then you could write a follow-up letter along these lines:

"Dear Dr [XXX],

I am appealing a DWP decision of [date] not to award me PIP.

I will be sending a statement to the Tribunal Service detailing why I believe this decision to be wrong, and the impact that my anxiety, poor mental health and depression has on my day-to-day life.

I understand that it would be helpful if I am able to supply the Tribunal Service with medical evidence. Is it possible that as my GP for over XX years, you could respond to the following:

1) Do you think because of my mental health conditions I would need social support to reliably cope with social engagement?

...............................................................................................................................................................
...............................................................................................................................................................
I am of this opinion because:

.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ...........................


[Only include if this is appropriate to you CTX] 2) Could you comment if I would need assistence in managing household budgets due to my anxiety?
.............................................................................................................................................................................................................................................................................................................................

3. Due to my aggrophobia could I reliably follow the route of an unfamiliar journey without the presence of another person?
................................................................................................................................................................................................................................................................................................................................
[ Identify the other PIP decsriptors that apply to you, list them on the letter and ask your GP to comment] For example prompting tp prepare food / dressing / washing / SEE:http://www.benefitsandwork.co.uk/pip/indexxx.php


GP's Name:

GP's signature:

Surgery:

Date:





If the GP supports you, then this letter would be medical evidence which you could attach to your MR / appeal to support your appeal.

Good Luck

CTX

Alice thank you very much for your detailed reply. I apologize for not saying thanks earlier but this is the first time I've looked at the thread since Friday. Wow there's a lot to get through here and I need some sleep right now but I will take a good look later. I've been worried about asking the doctor to help because I find it embarrassing because doctors have so little time but your example letter looks pretty straight forward and hopefully I can get him to help out a bit here.

Thanks again for taking the time out for such a great reply, it seems less scary to me now!

paragon909

CTX wrote: »

Alice thank you very much for your detailed reply. I apologize for not saying thanks earlier but this is the first time I've looked at the thread since Friday. Wow there's a lot to get through here and I need some sleep right now but I will take a good look later. I've been worried about asking the doctor to help because I find it embarrassing because doctors have so little time but your example letter looks pretty straight forward and hopefully I can get him to help out a bit here.

Thanks again for taking the time out for such a great reply, it seems less scary to me now!

If you get embarrassed or can't feel you can ask the doctor directly. Type of a letter or write one. That's what I do when I feel like that.

Alice_Holt

CTX wrote: »

it seems less scary to me now!

I'm pleased about that.
The tribunal will be looking at whether the DWP decision is correct in law. They are independent of the DWP. It is your chance to put your case to them. They will listen, and they will be thorough.

The Advice Now guide is very good.
All I can add is that you are very clear on the PIP activities and descriptors on which you score the necessary points, and base your representations to the tribunal around them. (As this is the legal basis on which the tribunal have to make and justify their decision).
By presenting relevant examples of how your day-to-day life is affected, and by getting relevant medical evidence which relate to the descriptors, you are giving yourself the best possible chance of a successfull outcome.

Alice_Holt

paragon909 wrote: »

If you get embarrassed or can't feel you can ask the doctor directly. Type of a letter or write one. That's what I do when I feel like that.

It is important that your GP is aware of your difficulties.

If they fully know how your condition impacts on your day-to-day life, then their evidence is likely to be more compelling and will really help with the appeal.

It is, of course, at your discrection as to whether you submit the GP's letter to the tribunal.
Should the GP not be fully aware of how you are affected, and his response is not helpful - then you wouldn't use it.

paragon909

Alice_Holt wrote: »

It is important that your GP is aware of your difficulties.

If they fully know how your condition impacts on your day-to-day life, then their evidence is likely to be more compelling and will really help with the appeal.

It is, of course, at your discrection as to whether you submit the GP's letter to the tribunal.
Should the GP not be fully aware of how you are affected, and his response is not helpful - then you wouldn't use it.

Somethings that you ask a GP is required to be in writing, Normally for my GP i need to write letters so i can obtain medical records or letters of support. But it's better to write a letter than do nothing, And am sure people with anxiety will understand that once someone is aware of a situation it isn't as difficult to discuss what you would have said in a letter... It just makes things easier to start with.