PIP Tribunal second attempt

ayupmeduck

Didn't people go through this before? Rarely do adults score for something like ADHD being diagnosed at later life and defiantly not if they drive and have worked as your wife has. I assume no restrictions on her license. This is just how PIP works unfortunately.

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82047900#Comment_82047900

Thank you for this.

If you have ADHD, you have ADHD. It doesn't matter when you were diagnosed.

I said a few posts back that much of these instances are being challenged and there is growing case law that usurps these decisions or methods of assessment.

I mentioned this before but nobody picked up on it. Why is it that at a tribunal you have to concentrate on an assessment period of a year (three months before and nine months after your claim), but the tribunal can bring up things outside this period?

Muttleythefrog

https://forums.moneysavingexpert.com/discussion/comment/82048016#Comment_82048016

I think I would interpret that they're looking at disablement in a particular period around the decision as they seek to replace the original decision (Mandatory Reconsideration) but that there are facts that can be obtained outside of these parameters they may set which can infer things. Problem is the inferences are in this case apparent wild extrapolations.

Ultimately just got to hope for a more typical tribunal panel who look at all evidence and will take seriously that given by your wife. It can be possible to overanalyse I think. I had a bizarre experience of a tribunal for DLA that I always wonder whether I should detail because given all the years of reading people's experiences I've never seen anything similar (the GP on the panel threatened to come over and punch me..I'd been referring to lack of trust in medical profession… the judge sat next to him lowered his head to avoid my eye contact and was red faced for some time after.. ironically the best part of 2 decades on I face a situation of possible terminal illness because a GP didn't listen to me or read my symptom report and clearly breached duty of care)… it was an outlier really and maybe this is another case as somewhat supported by the upper tier decision and basis for it.

peteuk

https://forums.moneysavingexpert.com/discussion/comment/82048016#Comment_82048016

PIP is not based on diagnosis. So yes your right if your diagnosed with ADHD aged 10 or 30 youve ADHD.

ADHD has been historical though of as a condition that can be “grown out of” in the sense that as children grow up, they develop techniques to overcome come the effects of ADHD. But PIP isn’t about diagnosis it’s about the effect.

When it comes to assessment, the qualifying criteria is a condition that has lasted 3 months and will reasonably last 9 more. But evidence can and does go back to whenever it wants. This is not just the reserve of the tribunal. When cognitive conditions are concerned, GCSE, A levels and degree results and learning to drive, can be used to evidence cognitive ability.

As for choice, it does work both ways, if an applicant chooses not to drive, it doesn’t remove the ability to do so, just that they choose not to. So unless their condition means a gp has said you can’t drive or the law requires a condition to lead to a surrender of the licence, holding a valid drivers licence but choosing not to drive can work against the candidate.

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82048111#Comment_82048111

This is awful to read.

That must have been very upsetting and is something that will stay with you no matter how much you try to forget about it.

Did you take any action against the GP?

Dreadful...

The lack of trust in the medical profession is something that I feel is on the rise. You were just ahead of the curve.

Much of my wife's claim is about endometriosis and how it affects her. It's acutely debilitating for her and thousands of women. And yet, it doesn't appear to be taken seriously by anybody, even GP's. We're talking about parts of the inside of your body being covered with ulcerous sores and there is no cure. Everywhere you turn it's a "Get on with it" attitude that proliferates.

The last few days my wife has been pretty much bed bound with the pain. She simply can't function.

ayupmeduck

https://forums.moneysavingexpert.com/discussion/comment/82048016#Comment_82048016

ADHD isn't something you pick up at a later life, you either have it or you don't and it doesn't get worse. If you can drive, complete education, hold down a demanding job will little to no support. Why now is it an issue?

marcia_

https://forums.moneysavingexpert.com/discussion/comment/82048148#Comment_82048148

agree, hubby wasn't formally diagnosed until 38 but obviously had it since birth. He recognised his behaviours throughout his life that are attributed to his adhd and autism. If anything his symptoms have gotten easier to manage as he gets older now he knows what's causing them and he learns coping skills

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82048148#Comment_82048148

https://forums.moneysavingexpert.com/discussion/comment/82048150#Comment_82048150

What you're both saying is anecdotal at best.

These are very much blanket statements that really don't hold up to scrutiny. Just because it's relevant to your 'hubby' doesn't mean it's relevant to everyone with ADHD.

This article is one of many that refute this:

https://psychiatryonline.org/doi/10.1176/appi.ajp.2021.21010032

One of the conclusions is as follows:

Conclusions:

The MTA findings challenge the notion that approximately 50% of children with ADHD outgrow the disorder by adulthood.

Yes, diagnosis is just that, a diagnosis and can happen at any stage in life. But to say that it gets better in later life is simply a blanket statement. It doesn't apply to everyone and from the article I've linked to, it appears that it's a fairly low percentage.

Also, other conditions will contribute. So my wife didn't have suicidal depression when she was a child, or endometriosis. But these two conditions that have come on in later life will undoubtedly have a negative effect on ADHD symptoms.

Also, there is evidence that, for women, ADHD symptoms worsen around perimenopause and menopause. So I'm assuming 'hubby's' are men? So this won't be relevant to them.

I'd post a link to support the above but it seems nobody else supports their statements with links, so I'll just leave you to Google it.

ayupmeduck

https://forums.moneysavingexpert.com/discussion/comment/82043642#Comment_82043642

if your claiming certain restrictions but went through education without support etc then yes it is relevant.

ayupmeduck

https://forums.moneysavingexpert.com/discussion/comment/82046187#Comment_82046187

Yes can talk to shop staff, delivery drivers, colleagues, etc. It doesn't matter what you are talking about. 'engaging' isn't about social engaging, it's about engaging full stop. How do they manage with new people, what symptoms do they have, what support do they need.

Only nodding or smiling at new people who constitute not being able to engage depending on why they do it.