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PIP refused now heading to tribunal in March.

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7 years 2 months ago #181593 by Chell
Hi everyone, I wish I had joined this sooner but here we go.

I was on DLA for Autism spectrum disorder, PTSD, social anxiety and depression, then the move to PIP came but during the interim I was diagnosed with Menieres disease, so I added that to my PIP claim and awaited the dreaded face to face assessment.

Bearing in mind, I don't travel ANYWHERE on my own due to having two 'drop attacks' (a condition with menieres officially known as Tumarkins otolithic crisis which means you basically end up on the floor without losing consciousness) and my anxiety levels skyrocketing, I decided to tag my husband along, I had my squease vest (an appliance that allows me to regulaye pressure during anxious moments via an inflation method) my medication, namely propranolol to reduce the atrocious tachycardia I suffer due to anxiety and my fiddle toy. On this occasion my menieres hadn't laid me to my bed, but, as I've had every day since my last major attack which lead to diagnosis, I was off balance and used my husband as a crutch.

The interview was extremely uncomfortable, she mainly focussed on the menieres, only skimming my other issues and admitted that she knew nothing really about it. No physical examinations were done and within 20 minutes we were done.

The first letter came back awarding me 2 points and telling me I had been refused as in their 'opinion' Menieres is periodical with no reference to the other conditions. I called and told them that I wasn't happy, please look at it again. I gave the lady the list of things I wanted them to asses and told her that my balance has been affected on a daily basis, I even asked her if they had contacted the person I used as the 'reference' to which she said no so I said well do it.
A month went by and letter number two arrive........denied again. Still the two points and the list exactly the same as letter number one.

I decided to apply for the tribunal. Three weeks later a response from the Tribunals board saying that they will do it. Imagine my astonishment when shortly after that I receive a rather large letter from DWP enclosing their response to the Tribunals board saying that they should close the case as I don't qualify. Listed in their reasons were the following:

1: I did not show signs of sweating......I had a hoodie on. I was sweating profusely especially as the Squease vest is nylon.
2: I didn't look under nourished.....Again, I had a large hoodie on and my doctor has issues with how underweight I am.
3: I made good eye contact.....I told her I use a method of looking at the bridge of someone's nose and that this is an autism myth anyway.
4: I had good memory recall......Anything with long term memory recall is easy for me. Ask me where I have just put my phone and I can't remember.
5: I managed to walk the 300mts rom the bus stop......Hanging on to my husbands arm yes.
6: I knew too much about my conditions.....Because I have always researched things, I completed a diploma in autism awareness after two of my children were diagnosed. I would like to know if something will kill me.
7: I looked at my husband for reassurance.......I've been with him 27 years!
8: I'm a registered carer for my 7 year old disabled son.....Because his health professionals suggested it and also, plenty of disabled parents can be carers for their child.

My court date is the 3rd March, I'm dreading it, I don't fair well in these kinds of situations but I'm going, I'm not going to allow them to demean my struggles. The thing is, I totally lose myself and don't vocalise very well, I easily become intimidated. Can anyone help me with some tips or 'good wording' or just general advice to help my case?

Many thanks and sorry for the essay.

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7 years 2 months ago #181610 by Gordon
Chell

You have the option of making a submission to the Appeal, if you do then it needs to be with the TS no later than 7 days before your hearing.

Although it can be tempting to address the issues in the assessment report you will only receive an award by your showing that you meet the criteria for one.

I would go through your PIP2, the assessment report and our PIP Claim guide to make sure that you have shown that you meet the PIP Descriptors as they are written.

If you have questions about the criteria then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #181625 by Chell
Hi Gordon. Unfortunately that went totally over my head.

How do you successfully show you fit the criteria with mental health issues? My autism diagnosis came at the age of 42 after a lifetime of being told I was socially awkward and quirky. Invisible disabilities are just that, invisible so how do you prove it. Nobody sees the PTSD, the depression, the anxiety, the autism, they only see the behaviours. The assumption is that Menieres disease only appears periodically with a sudden bout of vertigo yet each individual is unique with their presentation. I have constant imbalance and vertigo attacks triggered by light, sound or movement. My hearing is compromised in my left ear which I'm getting tested on Sunday, but the tinnitusis unbearable, my vision is affected, my brain goes foggy, these things can only be expressed to somebody hoping they understand.

At present I have been undergoing a lot of blood tests as the doctor believes I have fibromyalgia, do I add this at the tribunal? The process for PIP is extremely frustrating when it comes to non-obvious disabilities. The interpretation of the assessor is what it boils down to. I was totally unaware of the observational comments until I received all the paperwork so now I can't question or defend it.
The following user(s) said Thank You: Fimara

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7 years 2 months ago #181631 by Gordon
Chell

OK I'll try and explain.

First of all an award is based on your ability to complete each of the 10 PIP Daily Living activities and the 2 Mobility ones.

In general terms each activity looks at the physical and mental health issues that would prevent you completing the activity. For mental health problems issues tend to come under the headings of "prompting" and "supervision", but some activities have more specific requirements.

Have a look at the guide for the use of the word "reliably". All activities must be completed reliably and on the majority of days not to score points.

Read the actual Descriptors, these are listed at the beginning of the section for each activity.

So as a couple of examples;

Do you need prompting to prepare and cook a meal, if you do why is this, what would you do for food if you weren't prompted?

You mention you have balance problems, how does this effect your ability to prepare and cook a meal, can you stand at a worktop or hob, do you have problems lifting pans because of your balance, do you fall over at all while in the house, can any of these problems be offset by a suitable aid such as a perching stool?

Gordon

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