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Pip Tribunal

battyboimatt
Posts: 621 Forumite


So I have put in an appeal for PIP as I scored zero points, I put in a mandatory reconsideration which also ratified zero points, prior to this I was on DLA middle rate care and lower rate mobility.
I suffer from Bipolar and sleep Apena
After getting the report back from the DWP, the consultation was carried out by an adult nurse, not a mental health nurse. I know a nurse is a nurse, but the training is quite different for Adult / Mental Health Nurses and in the Mental State she has put does not look tired, well nourished, not significantly, well-kempt, looks well, did not appear to be trembling, no delusions, no obsessive idea, adequate general memory, adequate concentration.
The nature of Bipolar is very fluctuating, I may have looked at ease but does not mean I was, my anxiety was through the roof, I spent time crying for ages where she had to give me a tissue and ask if everything was alright, and she references that we only had to stop twice for less than 1 minute each time, which was a lie, we had to stop for over 15 minutes twice because I was crying and I got quite angry, which she states I didn't get angry or anything.
Also, they state I do not get any specialist input, I have been in a mental hospital twice and had a CPN and Psychiatrist, however, because of limited resources and because after several medication changes and a year on their services, they discharged me back to the care of my GP who I see every six months for mental health reviews, I can still use the Crisis Team number if I need to, so how do I prove specialist input. Also, the judge has made a direction that he wants my medical records from the 01/01/2017 until now, well my condition was diagnosed in 2012 and 2017 was uneventful for me apart from my gastric bypass so my GP records are not going to say a lot.
I suppose I am just getting myself all wound up over this and do not know where to turn.
Thanks
I suffer from Bipolar and sleep Apena
After getting the report back from the DWP, the consultation was carried out by an adult nurse, not a mental health nurse. I know a nurse is a nurse, but the training is quite different for Adult / Mental Health Nurses and in the Mental State she has put does not look tired, well nourished, not significantly, well-kempt, looks well, did not appear to be trembling, no delusions, no obsessive idea, adequate general memory, adequate concentration.
The nature of Bipolar is very fluctuating, I may have looked at ease but does not mean I was, my anxiety was through the roof, I spent time crying for ages where she had to give me a tissue and ask if everything was alright, and she references that we only had to stop twice for less than 1 minute each time, which was a lie, we had to stop for over 15 minutes twice because I was crying and I got quite angry, which she states I didn't get angry or anything.
Also, they state I do not get any specialist input, I have been in a mental hospital twice and had a CPN and Psychiatrist, however, because of limited resources and because after several medication changes and a year on their services, they discharged me back to the care of my GP who I see every six months for mental health reviews, I can still use the Crisis Team number if I need to, so how do I prove specialist input. Also, the judge has made a direction that he wants my medical records from the 01/01/2017 until now, well my condition was diagnosed in 2012 and 2017 was uneventful for me apart from my gastric bypass so my GP records are not going to say a lot.
I suppose I am just getting myself all wound up over this and do not know where to turn.
Thanks
0
Comments
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How pleasant, deliberately alarming someone who has already said they're distressed by the situation!
Sorry, it's the way I have worded it. I was trying to say how negative decisions are put towards ill people. Of course the OP should challenge the negative decision through the process and get a decision changed.0 -
This is a useful guide:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
And the descriptors:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
Remember that the when looking at the descriptors you are looking at what you can do reliably for the majority of the time over a year (the benefits and work guide is good on this).
This PIP assessment guide is useful on how the descriptors should be interpreted:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725533/pip-assessment-guide-part-2-assessment-criteria.pdf///
If you suffer depressive periods you may be looking at the "prompting" descriptors for preparing food, washing, and dressing, etc.
Managing household finances can often be difficult be people with bipolar, as can social engagement.
If you haven't already done so, then send a brief and concise statement to the Tribunal Service detailing which descriptors apply and why.
I'd tend to get your medical records from your surgery yourself. You can then do a (very) edited version for the tribunal with a summary. However, the tribunal will be looking at your condition at the date of the DWP decision - so will be more interested in your more current medical history.
Do you have a local advice centre / CAB who can help you with the appeal?
BTW: The wording of the report is fairly standard. ATOS / DWP employ cut and paste in all these reports - so they are often inaccurate.
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad?utm_term=.qmlErLqo3n#.atpEZgrYV6
Around 70% of PIP appeals succeed on appeal. https://www.mirror.co.uk/news/politics/tories-told-get-grip-record-12744613Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Thanks Alice, that information is really handy, yes I am going to go to the gp and get records because I want to send them my previous letters from the crisis team and mental health people0
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Some [heavy duty - 147 pages] on PIP claims here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/738443/personal-independence-payment-claimant-research-final-report.pdf
Useful for those that might give help to PIP applicants including some of the regular pitfalls.
What is striking is the error rate on the government side - training needs in spades for ATOS.
Edit: See page 42 for those with MH issues. If you are going to Tribunal, it might be useful to scan some of the comments within to quote in any appeal.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
my assessment was done by a paramedic
who knew nothing about multiple sclerosis. its a joke
Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T0 -
The 'Party Line' is that all of the assessors are trained to carry out the assessments and it doesn't matter what their professional discipline or qualificationIt's not difficult!
'Wander' - to walk or move in a leisurely manner.
'Wonder' - to feel curious.0 -
my assessment was done by a paramedic
who knew nothing about multiple sclerosis. its a joke
PIP involves a functional assessment of what an individual can or cannot do. It is not a medical assessment. The assessor does not need any specific knowledge of any specific disease or whatever.
Just as well in my case, because I suffer from a rare neurological condition that most doctors have never even heard of. Still got my PIP.0
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