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PIP was 2nd claim with new conditions but from 15 April 2025 new 3rd claim as advised.

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  • tifo
    tifo Posts: 2,133 Forumite
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    marcia_ said:

     If you have the mental capacity and physical ability to drive a car you then can not also claim mental and physical disabilities which would normally mean one couldn't drive. 

     But that wont be the only reason you were given 0 points in every category. You just don't meet the criteria despite your insistence to repeatedly try and make yourself fit them. 
    "If you have the mental capacity and physical ability to drive a car you then can not also claim mental and physical disabilities which would normally mean one couldn't drive".

    I genuinely don't know what you are saying. I don't claim any mental or physical disabilities which mean i can't drive at all, i make it clear i don't drive when i can't. I'll repeat and say lots of people with physical disabilities drive a car and many are adapted for them.

    "But that wont be the only reason you were given 0 points in every category. You just don't meet the criteria despite your insistence to repeatedly try and make yourself fit them".

    I believe i do fit some criteria but you're free to disagree.
     
  • Muttleythefrog
    Muttleythefrog Posts: 20,446 Forumite
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    edited 20 March at 5:42PM
    tifo said:
    Received my PIP letter, got 0 points on everything whereas previously i got 2 points for 'managing therapy' (i can't put my eye drops in as blind eye).

    I'm still waiting for the assessment report but the case manager says things (you can, you said) which i can't and didn't. Apparently driving a car means everything is fine (my answer was 'only when i can' and 'i don't always drive'). And because i answered all the questions i have no mental or cognitive issues.

    Time for MR ..... hope the assessment report comes soon.
    Sorry to hear that... I did fear it would swing heavily one way or the other. I would imagine the assessment report will mirror the decision.. a bit surprised the decision came before a requested report arrived... pretty quick decision but then they seem to be with no award. 

    They may use facts like ability to drive for extrapolation... unfortunately I think your response on that again may have fed a 'chancer' type direction of assessment... it was not a good answer as it was open ended and defensive and I worry that may be typically how such events are seen to play out. I'm also conscious that you reported how their exploration of walking ability played out where you raised OCD in relation to sitting on seat... I suspect this was not helpful as again it looks evasive.. they're trying to establish something logical and you introduce something completely new and essentially irrelevant (to the activity specifics they probably were trying to understand) to the table.

    Unfortunately for challenging decision in reassessment and appeal I think you're in a tricky situation because of the OCD now being raised... it may appear that you felt you had to add disablements or illnesses to the claim in the assessment itself even if that wasn't how it played out. I think in conclusion across the experiences there needs to be an acceptance that regardless of entitlement and disabilities you are having a really difficult job of coming across in these assessments or tribunals as giving reliable evidence. That may be an entirely unfair situation but it is one maybe to consider going forward.

    In your favour... you have nothing to lose... and it is common for people to get good or even maximum awards in appeal despite having been awarded no points by DWP.... so reconsideration try it first.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • tifo
    tifo Posts: 2,133 Forumite
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    edited 20 March at 5:46PM
    Muttleythefrog said:

    Sorry to hear that... I did fear it would swing heavily one way or the other. I would imagine the assessment report will mirror the decision.. a bit surprised the decision came before a requested report arrived... pretty quick decision but then they seem to be with no award.

    Unfortunately for challenging decision in reassessment and appeal I think you're in a tricky situation because of the OCD now being raised... it may appear that you felt you had to add disablements or illnesses to the claim in the assessment itself even if that wasn't how it played out.

    I think in conclusion across the experiences there needs to be an acceptance that regardless of entitlement and disabilities you are having a really difficult job of coming across in these assessments or tribunals as giving reliable evidence. That may be an entirely unfair situation but it is one maybe to consider going forward.
    The decision came before the assessment report because it was sent the next day as a mirror to the assessor's comments. There doesn't seem to be any 'decision' in it by the case manager and just a box ticking exercise. And you're right, when it's a straight no the decision comes quick.

     It may be tricky but that's not how i meant it (to add OCD to the claim for convenience), i genuinely didn't see it as a disability and only mentioned it in response to questions asked by the assessor. The form didn't guide me to mention it in any question.
  • Muttleythefrog
    Muttleythefrog Posts: 20,446 Forumite
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    edited 21 March at 1:32PM
    tifo said:
    Unfortunately for challenging decision in reassessment and appeal I think you're in a tricky situation because of the OCD now being raised... it may appear that you felt you had to add disablements or illnesses to the claim in the assessment itself even if that wasn't how it played out.

    I think in conclusion across the experiences there needs to be an acceptance that regardless of entitlement and disabilities you are having a really difficult job of coming across in these assessments or tribunals as giving reliable evidence. That may be an entirely unfair situation but it is one maybe to consider going forward.
    It may be tricky but that's not how i meant it (to add OCD to the claim for convenience), i genuinely didn't see it as a disability and only mentioned it in response to questions asked by the assessor. The form didn't guide me to mention it in any question.
    The forms are not meant to guide you to diagnosing serious illnesses and it would be rather suspicious to a 3rd party I imagine if that's how things happen... you wouldn't fill in a council tax support claim to discover you have a wife living with you... you'd be expected to fill in the application on the basis you know you live with your wife. Being ruthlessly blunt... unless someone has severe cognitive issues they will probably expect that if someone is notably disabled by a condition they will have noticed it... and if disabled by it relevant to PIP will divulge details whenever prompted such as with the how your disability affects you forms. 

    Have a good read through my now added to edited post.... I do think you'll need to face some tough decisions.... for example do you now include the disablements of OCD if they're relevant to any activities or will that sabotage your efforts to overturn the decision. I don't know what to advise... I think stepping back I have to say there are strong elements of self sabotage (not deliberate) at every corner when it comes to your claims and experiences. Have a solid appraisal again of what descriptors you think should be awarded and proceed accordingly. But I'd be almost tempted to leave alone for a while and start new claim with a form submission that is consistent with what you will then go on to say in assessment (backed up by an OCD or similar diagnosis/reports from your moves to seek medical support on that). Others may advise giving up... some may say just go to reconsideration and appeal as necessary and then maybe one day try again if all fails.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • born_again
    born_again Posts: 20,660 Forumite
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    tifo said:
    Received my PIP letter, got 0 points on everything whereas previously i got 2 points for 'managing therapy' (i can't put my eye drops in as blind eye).

    I'm still waiting for the assessment report but the case manager says things (you can, you said) which i can't and didn't. Apparently driving a car means everything is fine (my answer was 'only when i can' and 'i don't always drive'). And because i answered all the questions i have no mental or cognitive issues.

    Time for MR ..... hope the assessment report comes soon.
    As has come up before, just what is the frequency of not being able to drive?

    As If one descriptor in an activity applies on more than 50 per cent of the days in the period – i.e. the activity cannot be completed in the way described on more than 50 per cent of days – then that descriptor should be chosen.

    Also adding I don't always drive, then is going to make assessor think you use other means of transport or walk, but now you added in OCD to confuse the issue 🤷‍♀️
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  • teaselMay
    teaselMay Posts: 671 Forumite
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    I am blind in both eyes, but can pur eye drops in cos I can feel where my eyes are.  Just like I can still shave my legs cos I can feel where my legs are.
    I always thought eye drops was more about feel than seeing, I can see but I don't use a mirror when I put them in.
  • peteuk
    peteuk Posts: 2,010 Forumite
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    tifo said:
    Received my PIP letter, got 0 points on everything whereas previously i got 2 points for 'managing therapy' (i can't put my eye drops in as blind eye).

    I'm still waiting for the assessment report but the case manager says things (you can, you said) which i can't and didn't. Apparently driving a car means everything is fine (my answer was 'only when i can' and 'i don't always drive'). And because i answered all the questions i have no mental or cognitive issues.

    Time for MR ..... hope the assessment report comes soon.
    As has come up before, just what is the frequency of not being able to drive?

    As If one descriptor in an activity applies on more than 50 per cent of the days in the period – i.e. the activity cannot be completed in the way described on more than 50 per cent of days – then that descriptor should be chosen.

    Also adding I don't always drive, then is going to make assessor think you use other means of transport or walk, but now you added in OCD to confuse the issue 🤷‍♀️
    I was going to raise the same point, the majority of days wins.  Do you drive an automatic or manual car?  I ask becuase if you drive a manual you use both legs to control the car, if the majority of time you can drive eg your gout and arthritis doesnt stop you, then its fair to say the majority of the time it doesn't stop you from walking. 

    So isolating the mobility section.  Yes being able to drive and doing so means you have the mental capacity to plan a route, follow divers actions ect and as noted above your physical capacity can be discredited by your ability to drive. It all then comes down to majority of time.   

    Driving is difficult because if you dont drive because you dont need to doesnt mean you cant drive.  If you have a job and drive every day to/from work you have something to make it against eg 4 times a week my other half drives e to work because I cant due to X.

    Personally I’m not surprised by a nil point assessment, good luck with the MR and tribunal.
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  • M25
    M25 Posts: 367 Forumite
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    tifo said:
    Received my PIP letter, got 0 points on everything whereas previously i got 2 points for 'managing therapy' (i can't put my eye drops in as blind eye).
    That's unfortunate. See how you get on with the MR.

    I think people (and me) have been clear about what's required to get PIP. Did you have someone check through your application? I'd recommend someone you know well (get them to read the easy read PIP leaflet) and maybe a help centre. The descriptors are very important obviously but if you can get a couple of opinions that may help you understand how you manage your needs.

    It shouldn't be difficult to compare your answers to the PIP requirements.

    As for the OCD that can be very debilitating but again you have to look at what's required to get PIP. Can you get a friend or family member to add a statement in the application? You can add a letter too from someone that knows you.

    We've seen how things may be changing (ie narrowing the eligibilty) with PIP so once you've heard from the MR get a move on.

    Speaking with your GP may help too as they might be able to refer you to some sort of help or even a fuller diagnosis which will provide evidence for your new PIP application.

    And mind -as we've all said numerous times- the next PIP application not only needs to be done correctly but it has to be a totally fresh look at your new needs. Going back and digging up the past (either the administration or your older ailments) will work against you if you're claiming for your OCD.

    Anything I've said is very very specific for the OP and is not general advice.

  • tifo
    tifo Posts: 2,133 Forumite
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    M25 said:
    tifo said:
    Received my PIP letter, got 0 points on everything whereas previously i got 2 points for 'managing therapy' (i can't put my eye drops in as blind eye).
    That's unfortunate. See how you get on with the MR.

    Did you have someone check through your application? I'd recommend someone you know well (get them to read the easy read PIP leaflet) and maybe a help centre. The descriptors are very important obviously but if you can get a couple of opinions that may help you understand how you manage your needs.
    I did go to Shelter workshop at the beginning, they're my local advice agency and they didn't check the form but kind of guided how to fill it in. I did this because, as advised, i don't come across as well as i should, which is not deliberate and i've been told i waffle a bit.

    Shelter will help with the MR and i've made an appointment for mid April which is over 30 days of the date of the decision letter (still within 30 days of my receiving it though as i got it 8 days later). I asked the advisor about this and she said I have 13 months to do it. I enquired "are you sure because i think it's 13 months for the tribunal not the MR" and she replied "i'm the benefit advisor, do you want my help or not" which i thought wasn't the right thing to say.
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