Experiences of claiming pip on mental health grounds.

Tommo1980 wrote: »

You're one in a million alright!

Two if you count your other alias on this thread.

1. Preparing food

I was awarded 2 points for this activity I believe I should have been awarded 4 points for the needing supervision or assistance to either prepare or cook a simple meal.

The DM was wrong in not taking CPIP/15992016 into account where a panel of upper Tribunal judges looked at the issues of safety and supervision, after conflicting decisions were made by individual upper tribunal judges.

On 9th March, 2017 however, the panel of Upper Tribunal judges rejected the DWP's 50% rule. Instead the panel held that the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion. I will show that I satisfy that decision.

As a direct result of my bipolar I have problems in motivating myself in preparing food and can be a danger to myself. On that grounds alone I believe I have satisfied the 'supervision and assistance.' criteria. But I will submit more detail.

I'll not attempt a cooked meal because I haven't the energy or the concentration to carry out the task. Some of which may be down to bipolar and some to the psychosis depression I suffer, both of which seem to run side by side. I have the typical symptoms of psychosis, which according to the NHS, include fatigue, changes in appetite, been unable to concentrate and been indecisive. All of which I maintain leads to a potential danger to me. In his written letter to you my consultant has confirmed this diagnosis. Again this condition highlights the danger I can encounter when preparing and/or cooking food.

I have already stated in my original submission to you that when it comes to five o'clock my energy begins to drain and by seven I am completely finished for the day. Because I am so drained I really can't concentrate on what I am doing. I also believe that time span is sufficient to cover the 'most of the time' clause

I also stated that I have left saucepans unattended and went off to do something else or just have a rest and when I came back the saucepans had boiled dry and the bottoms completely destroyed.

While I have been sectioned three times in the past while having a manic episode I do have regular bouts of hyper mania but not that sever that I need hospitalisation. The hyper mania cause me not to exercise caution: I can start one thing, cooking, and leave it to do something else, or perhaps sit down and watch tv.

Out of date chicken and other food has been found in my fridge and if cooked could have lead to substantial danger.

I would remind you that: 'At paragraph 66, the Upper Tribunal also stated that they agreed with Judge Jacobs when he found the following:
“18. As I understand it, the judge is asking whether the risk that can be taken into account for preparing food or planning and following a journey must be a risk specifically related to that activity. The answer is: no. A risk that gives rise to a need for supervision need not be a risk that is unique to a particular activity or to the activities in Schedule 1 generally. It is sufficient if it is a general risk, even one that applies when the claimant is doing nothing, provided that the requirements of a particular descriptor are satisfied.'

I submit I have satisfied CPIP/15992016 that the decision of 'a risk that gives rise to a need for supervision need not be a risk that is unique to a particular activity or to the activities in Schedule 1 generally. It is sufficient if it is a general risk,'

On those grounds I submit the original DM was wrong in his approach and I should be awarded 4 points for the preparing of food descriptor.