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PIP disallowance affecting ESA and Housing Benefit

  • Alan Levitt
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8 years 4 months ago #146882 by Alan Levitt
Replied by Alan Levitt on topic PIP disallowance affecting ESA and Housing Benefit
NB - I'm very tempted to open up a new claim and once referred to the assessment provider, to ask for a cancellation appointment to expedite the process. It could be completed in less than eight weeks, and hopefully should give me a much better result because I would be able to explain in full how my daily-living is impacted by my conditions.

I think it would close this one though, so I do have to be careful. I think it would be best to wait about a month before deciding course-of-action. Do you know if legal-aid lawyers exist for this kind of thing?

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  • Alan Levitt
  • Topic Author
8 years 4 months ago #146883 by Alan Levitt
Replied by Alan Levitt on topic PIP disallowance affecting ESA and Housing Benefit
Sorry for the third reply, I found something in your post to quote

"Your concerns about being assessed by a physiotherapist may be valid but you would need to show that this had materially effected the quality of the assessment that was produced, this cannot be assumed just because they have no medical training in mental health issues."

I feel it has, because he's misusing MSO assessments to determine which descriptor to recommend. The PIP2 questionnaire does not state I had mobility issues or anything of that nature.

The mental state observations were clearly inaccurate if it states both that I "coped well" and mentions aggression at the same time, and there are demonstrably erroneous findings about medication and mental-health involvement (I have had extensive involvement in the past year, I was recently moved and had involvement with a local clinic.

A Care/Treatment Plan was produced merely days before the assessment, where he states no such plan exists. If his physiotherapy occupation was in principle not relevant, why was it used to recommend the wrong descriptor?

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8 years 4 months ago #146897 by Gordon
AL

My understanding is that the DWP use the definition of the course published by the college, so it does not matter if you do fewer hours, if the course is defined as full time, as long as you are enrolled in it you are doing a full time course.

The 8 point descriptor for Mixing With Other People reads

d. Cannot engage with other people due to such engagement causing either –
(i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person.


The key word here is "cannot", you may struggle to convince the DWP or an appeal panel that you "cannot engage with other people" when you regularly attend a college and I assume mix with other students on a regular basis.

If you are asking the criteria then you really need to read the PIP Claim guide :)

There is no waiting period for a new claim, just be aware that any revised Decision on this claim will be superseded by the one on any new claim.

The competency of the assessor to review your claim is something that you may only be able to argue at an appeal.

Gordon

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

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