PIP MR request - Activity 9 - Clarification over case law

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  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
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    My great criticism of ESA and PIP is that they encourage you to focus on maintaining (evidence of) qualification for the benefits rather than making any positive change. There is a fear they will use any concession of capability or activity as a stick to beat you with and conclude zero point scoring descriptors. Crucial I think is imposing into evidence, be it written or oral, the associated difficulties with activities done so as to encourage more thought and accuracy into assessment.

    Totally agree with Mutltey on this point.

    For those suffering from poor mental health, the ESA and PIP assessments seem hugely counter productive. They only serve to worsen claimants anxiety / depression, and drive people further away from any improvement and participation in society.

    There must be a better way of supporting people (a type of focused Basic Income perhaps?), but our politicians are so deep into the "prove you are not a skiver" rhetoric - remember the Osborne speech of claimants ‘sleeping off a life on benefits’, and IDS repeatedly describing out-of-work claimants ‘languishing on welfare’; that I fear a sensible approach for the benefit of everyone is beyond the current bunch of political pygmies.

    (Sorry, rather controversial!!)
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Alice_Holt wrote: »
    (Sorry, rather controversial!!)
    Not in the least from where I'm sitting!
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • You're welcome. I think these things are so person specific it is hard to translate much. For me, working was always a war of environmental control... inherently high stress because I would be filled with self doubt and need to organise the world around me including importantly the people. I was highly manipulative.. and wrecked people's careers even when I respected and liked them. But I would completely burn out.. struggle to eat and sleep.. my health would decline until I had to make my excuses (always fabricated except last job) to leave. My last job was catastrophic.. I got a senior IT position with a large public sector organisation.. I'd not experienced the bureaucracy and lack of ability to control... I was 4 weeks into my job and I still didn't even have a dedicated PC or desk...I was having to fuel increasingly violent fantasies just to get there and cope. Ultimately I tried to walk out of the window to the roundabout below...I was completely out of control. 10 years on from promising myself I'd never put myself through the horrors of work again I consider that judgement my finest even if made in desperate circumstances.

    So I do very much relate to what you're saying... and the thoughts in your mind I might have triggered. Crucially for me amidst a very difficult job market I was cleverly applying for jobs that I felt I'd be able to manage my mental illnesses within... my problem was I was being rejected as overqualified... but I couldn't be honest about any of my health problems and the relevance to work. Really I just wanted a simple job in a simple environment which was simple to get to... but I ended up forced to apply for jobs more suited to my work background and got a top job. That job had so many factors about it liable to create me serious problems that I could not have designed a worse environment for me. Within an hour I knew I was going to end up in deep trouble.... by then I was already using extreme coping strategies just to maintain an appearance of regularity.

    My view is MI is largely manageable if the environment is manageable and cleverly constructed or chosen. And that's why your circumstances are interesting... you've seemingly been clever enough to create the right circumstances for you to persist without engaging the symptoms/disabilities you can face. Someone with no legs could be a top computer game player experiencing and exhibiting no evidence of disability.. the concept translates to physical disability... put someone with no legs onto an athletics track and they are going to be demonstrably disabled and with severe symptom of physical defect. So my advice to you probably would be keep working while you can keep finding or creating the environments you can cope within. Given the greater tolerance and openness of MI in society also possibly the assistance of employers to make it viable. It is entirely possible that without work depression could set in.... which is why generally speaking for mental health people are advised to remain as active and functional in society as they can.

    I agree obviously on your last point. I do find it ironic they expect your supporting evidence to be recent yet they can rely on near 30 year old facts (in my case) to draw important inferences that seem to be loosely related even if the facts were contemporary. My great criticism of ESA and PIP is that they encourage you to focus on maintaining (evidence of) qualification for the benefits rather than making any positive change. There is a fear they will use any concession of capability or activity as a stick to beat you with and conclude zero point scoring descriptors. Crucial I think is imposing into evidence, be it written or oral, the associated difficulties with activities done so as to encourage more thought and accuracy into assessment. Assumption and extrapolation are certainly not confined to benefit assessments of course... I met what was the (quoting my GP here) "most senior psychiatrist in the region" who described in his first report, full of gloriously long words and professional terms, my last job being a menial one in a call centre causing sufferance of my ego... I ended up taking that job description to our last encounter and I politely explained to him that in his lowly position of a bull*****er I would no longer be subjecting myself to being the inspiration for his latest works of fiction. His final report to my GP I got a copy of and made manual corrections to all the errors in it... and sent it to my GP with a comment at the end "Must do better". The great thing about being unemployed is you can get away with insulting idiots who should be...lol

    Wow, thanks for sharing your experiences Muttleythefrog. You seem to have gone through so much and your insight into your own experiences is humbling and somehow, comforting. I relate to the violent fantasies! I am someone who is generally calm and it takes a lot to get me angry but I find myself getting angrier more and more and over peccadilloes. And yes, office politics do not help.
  • I am preparing my appeal and from what I have seen online, people generally write more about how their disability affects them. Do I actually have to go into the DM's justification and present arguments as to why I disagree (e.g case law, guidance etc)?
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 28 September 2019 at 6:45PM
    Demerara wrote: »
    I am preparing my appeal and from what I have seen online, people generally write more about how their disability affects them. Do I actually have to go into the DM's justification and present arguments as to why I disagree (e.g case law, guidance etc)?

    The important thing is to explain why you think you are entitled. If there are significant errors in the DM's decision you can refer to these but it doesn't really matter how bad the original decision is. Refuting the report isn't the point, making your case is. The fact that the original decision is shown to be bad is incidental. There shouldn't be a need to be get into case law - just go through the relevant descriptors explaining how your health makes it difficult to complete the specified activities to the required standard.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Thanks calcotti :)
  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    Demerara wrote: »
    I am preparing my appeal and from what I have seen online, people generally write more about how their disability affects them. Do I actually have to go into the DM's justification and present arguments as to why I disagree (e.g case law, guidance etc)?

    Just to add to calcotti's excellent post.

    Certainly do not get bogged down in criticising the assessors judgements, however sometimes the DWP evidence bundle contains internal inconsistencies which can be useful to quote if these support your case e.g "On page xx the assessor notes........".
    Sometimes previous assessments are included in the bundle which came to a different conclusion and awarded points - if so this is worth pointing out (esp if your condition and abilities are unchanged).

    I suspect the important aspect in your case is reliably and variability , and whether you can do the activity to an acceptable standard when necessary at any time during the day. So include some examples in your statement that illustrate this, and have some more examples to take with you on the day that you can talk to the panel about.

    I wouldn't worry about case law as the tribunal judge should be aware of relevant legal precedents.

    The Benefits & Work guide may be helpful to you (but costs c.£20 for annual membership).

    Good luck.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Thanks AliceHolt :)

    So very grateful for the advice given here
  • Hi Everyone

    Another quick question - do I still need to evidence stuff for which points have already been awarded for? I am appealing because I feel I should have been awarded points in a different category as well as what they have already given me. I read online that the tribunal reversing decisions could also entail them deciding that no points/award should be given.

    Thank you.
  • poppy12345
    poppy12345 Posts: 17,932 Forumite
    First Anniversary First Post Name Dropper
    Demerara wrote: »
    Hi Everyone

    Another quick question - do I still need to evidence stuff for which points have already been awarded for? I am appealing because I feel I should have been awarded points in a different category as well as what they have already given me. I read online that the tribunal reversing decisions could also entail them deciding that no points/award should be given.

    Thank you.
    My advice would be you only need to put down which activity/descriptors you think you should have scored those points. If there's some you agree with then you don't need to mention those.


    If they do decide to take points away to either lower and existing award or remove it completely they will warn you before doing this. It will either be by letter before the hearing date or on the day of the hearing. If it's the latter then they will adjourn it to give you time to consider whether you want to take your existing award or risk it and carry on. This means that there's no risk.
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