Zero points on pip claim for severe anxiety

Dynorod

Hi all, I am hoping that someone will be able to provide some advice and guidance. Pip claim submitted April 2017, in the meantime in June I had to call the early intervention team who diagnosed as not psychosis but in fact severe anxiety disorder. Face to face assessment attended in July which was very distressing, copy of early intervention teams report taken by assessor as he said he will send to DWP with his report, DWP decision received two weeks later with zero points. Phoned and asked a decision maker if the specialist report had been considered and was told that the assessment is what the DWP use to decide point scoring! MR has been requested and a copy of the assessment as it definitely does not correspond with what happened on the day. Also, I was the supporting person during the assessment and I was told that I was not being asked the questions so was not to answer them hence a complaint being made to atos. I have wanted to keep this brief but does anyone know if I am doing the right thing and does anyone know how we stand as far as the specialist report is concerned, do DWP have to consider the report? Any advice and guidance would be much appreciated.

poppy12345

Dynorod wrote: »

Hi all, I am hoping that someone will be able to provide some advice and guidance. Pip claim submitted April 2017, in the meantime in June I had to call the early intervention team who diagnosed as not psychosis but in fact severe anxiety disorder. Face to face assessment attended in July which was very distressing, copy of early intervention teams report taken by assessor as he said he will send to DWP with his report, DWP decision received two weeks later with zero points. Phoned and asked a decision maker if the specialist report had been considered and was told that the assessment is what the DWP use to decide point scoring! MR has been requested and a copy of the assessment as it definitely does not correspond with what happened on the day. Also, I was the supporting person during the assessment and I was told that I was not being asked the questions so was not to answer them hence a complaint being made to atos. I have wanted to keep this brief but does anyone know if I am doing the right thing and does anyone know how we stand as far as the specialist report is concerned, do DWP have to consider the report? Any advice and guidance would be much appreciated.

They should take all the evidence into consideration but whether they do with some people is another thing. They did with me both times, it clearly states in my decision what was used to make the decision. Did you ask for the MR in writing? If you sisn't then you'll need to do this, never trust DWP by just verbally asking. You're doing the right thing but most MR decisions (80%) remain the same. You'll most likely have to take it to Tribunal where 65% of those who appear have a decision in their favour. Good luck.

Alice_Holt

Some good resources :
http://www.advicenow.org.uk/guides/how-win-pip-appeal
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/
https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/personal-independence-payment
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf Page 86 on.

PIP is points-based around specific activities and descriptors.
You have to fit the condition to these descriptors to score the necessary points.
For Daily Living the following may apply:
2. Taking nutrition. d. Needs prompting to be able to take nutrition. 4 points.
9. Engaging with other people face to face. c. Needs social support to be able to engage with other people. 4 points.
10. Making budgeting decisions. b. Needs prompting or assistance to be able to make complex budgeting decisions. 2 points.
The assessment guide (above) will show you how these descriptors should be interpreted.

It helps if medical evidence can reference the PIP activities (see How to win PIP appeal guide above).
I would strongly suggest your friend seeks help from their local CAB / advice centre with an appeal..

Dynorod

Hi, thank you both for your replies. The report from the decision maker reads as follows: you are currently prescribed a low dose of antidepressant and currently have no specialist input for your anxiety and depression. I cannot consider any help you need not covered by the activities for daily living and mobility including ability to work, food shopping and use of public transport or taxis. This tells me that they have not considered even considered the specialist report as it clearly states about his mobility issues and also the assessor was told that his money goes into my account because he cannot deal with his money properly, I take him to work and pick him up and I have to go doing any food or clothes shopping that he needs. I just do not know what to think of it all but I am starting to help him to put the mr together in writing today so then it goes in before the 28 day deadline.

poppy12345

Dynorod wrote: »

Hi, thank you both for your replies. The report from the decision maker reads as follows: you are currently prescribed a low dose of antidepressant and currently have no specialist input for your anxiety and depression. I cannot consider any help you need not covered by the activities for daily living and mobility including ability to work, food shopping and use of public transport or taxis. This tells me that they have not considered even considered the specialist report as it clearly states about his mobility issues and also the assessor was told that his money goes into my account because he cannot deal with his money properly, I take him to work and pick him up and I have to go doing any food or clothes shopping that he needs. I just do not know what to think of it all but I am starting to help him to put the mr together in writing today so then it goes in before the 28 day deadline.

I'm curious how he manages to work? Of course you can claim PIP and work but if it contradicts the reason why you claim in the first place. You state you take him and pick him up and you go shopping for him BUT how does he manage to stay in work? this is the part that confuses me. Before you say anything i'm not a benefit basher in anyway, as i claim ESA and PIP myself but those contradictions have me confused.

Muttleythefrog

Dynorod wrote: »

Hi, thank you both for your replies. The report from the decision maker reads as follows: you are currently prescribed a low dose of antidepressant and currently have no specialist input for your anxiety and depression. I cannot consider any help you need not covered by the activities for daily living and mobility including ability to work, food shopping and use of public transport or taxis. This tells me that they have not considered even considered the specialist report as it clearly states about his mobility issues and also the assessor was told that his money goes into my account because he cannot deal with his money properly, I take him to work and pick him up and I have to go doing any food or clothes shopping that he needs. I just do not know what to think of it all but I am starting to help him to put the mr together in writing today so then it goes in before the 28 day deadline.

I think they'll just have to make a strong MR request in writing highlighting what descriptors in the various activities you feel apply and why... point to supporting evidence and perhaps subtly challenge the assessment report as necessary in doing so if relevant. Except little change (in every sense of the phrase) from the MR... but retain a healthy view a tribunal appeal panel may down the line be much more sympathetic to the facts and overall evidence and have a greater determination to get things right. One advantage to the often dismissive DMs at MR stage is that appeal arguments can end up pretty much a repetition of the MR ones thus saving some efforts in challenging their latest decision.

They use facts (sometimes made up ones) to make wild extrapolations I feel on these assessments often. I haven't had specialist input or medication for anxiety or depression for many years yet I got a good PIP award (and previously a decent DLA one). The lack of input including from my GP could easily imply there's nowt wrong with me... and in this case the limited input may suggest to some their difficulties are likely minor or very temporary.

But key.. focus on the descriptors.. the statements of disability that apply to them. Probably better chances in appeal if you feel that is sensible option following examination of descriptors and the mandatory reconsideration. As others mention all suitable evidence should be considered but whether the DWP Decision makers typically do a good job of that is doubtful. In terms of your input.. yes supporters at these assessments will be typically placed into the background of the event... from their perspective theoretically there is a lot they can learn from direct interaction with a claimant. They often don't seem to see supporters as anything more than an inconvenience and unfortunate witness to events.

Dynorod

He was refused esa (after being on it for 3 years) after an assessment because his physical abilities are that he can walk etc so he is now a lone worker on a night shift but is heavily supported for mobility etc because of the distress of his anxiety disorder.

Dynorod

Thank you muttleythefrog, it is quite complicated and you are right that we need to look at the descriptors because on the mobility side he would score high. As it is, it is too much for one person to provide his support especially as I work full time and care for my disabled mother. Even access to work support cannot be pursued because the job is agency and could finish tomorrow.

Geoff1963

The difficulty is, that making coherent arguments, and discussing on a web forum, means you are mentally coping quite well. It's the original Catch 22 problem.

Instead of financial support because of the condition, would it be better to get support to overcome it ?

sheramber

The OP is not the claimant. He is supporting the claimant.

Dynorod

I am the one supporting the claimant and yes, I am of sound mind however a support plan is in place but extremely difficult without help