PIP appeal - appalling appeal writer's comments

Hello Gordon: Your opinion would be welcome, please.

I'm appealing my PIP outcome. In DWP's response, two things concern me. First, it is firmly suggested that because I submitted "very articulate" MR and appeal submissions, that may raise some doubt about the degree of my mental ill-health (despite its being diagnosed by military psychiatrists in 2007, with reviews and treatment ever since, and resulting in medical discharge from the Forces and a 50% disablement assessment).

I have an academic background and am by profession a priest, having, when 'well', assisted claimants with benefit applications when a hospice chaplain - so I know something of the disability benefits process. All this would entail a relatively articulate presentation - perhaps unusually so. But I'm sure you will immediately appreciate - though I'm keen to know - that articulacy bears no relation whatsoever to a 'neurotic' (generalised anxiety disorder) condition and no inference about one's mental health can be made from it. There is no suggestion in my claim (I have an award but consider it too low) of a learning/cognitive disability - which would be different.

A social worker friend (ie, someone informed in matters of prejudice and discrimination) and I consider it rankly prejudicial to make such a suggestion, which is explicit. Not only is it ill-informed; it suggests that I'm deceptive! This is simply unprofessional, and I'm astounded that DWP would state such a thing (as opposed to sometimes thinking it...) I now understand what 'hostile claimant culture' means: DWP is treating this to some degree as a war of attrition - complete with dirty tricks.

Turning my shock to web investigation, I saw the reference to the appalling comment - "lazy b...." by a DWP appeal writer about a claimant, then found similar claims of inapt suggestions and language by appeal writers referenced by their welfare advisers. It seems it's not at all uncommon for DWP with impunity to seek to undermine claimants with innuendo, etc.

It may sound naive, but I'm astounded at how unprofessional this is! Why are tribunals not clamping down, as they could with 'feedback', as DWP managers are allowing it?

My second concern is about another comment that I now find is highly common. Before I claimed PIP and when I'd ceased to work through illness, I moved to my parents for my own wellbeing (to avoid total isolation) and to provide some oversight of my demented father (Alzheimer's) before he went to a nursing home, as my mother was exhausted caring and needed rest and the opportunity to go out to the shops, etc. So he'd be left for me to see he didn't leave the house and wander, etc. For the some months I did this I claimed Carer's Allowance (having no salary or other benefit income, just my war pension). Despite this ending before I claimed PIP, and in claiming it perfectly properly and legally, DWP asked the tribunal to investigate effectively whether caring and my illness are compatible.

Again, I'm astounded at the imputation, as well as asking DWP to go on a 'fishing expedition' about something that is nothing to do with the tribunal but is a DWP matter. If - and they cannot have - there were any concern of an improper claim it's for DWP to advise me so and take action. Instead this suggestion is being used plainly to undermine my claim.

I've just read that this is a very common tactic viz caring and PIP appeals.

I'm moved to make a formal complaint, yet depressed that the (semi-literate) dross sometimes written by DWP has clearly been happening for some time (years?) and not addressed.

I'd be glad to know your view.

I'll add finally that these examples seem like pretty desperate means to avert awards/higher awards - as if the funds were the appeal writers' own!!!

Thanks so much,

Marcus

My career befor emy breakdown & diagnisis of various mental ill health ( why to they call it mental health ??)....was as a local government officer & did a lot of report & letter writing. This helped me when I had to complete my PIP application and my MR.
When I had my F to F I was initally awarded NILpoints and the assessors report was full of holes. Lots of comments about maintaining eye contact did not appear distressed or anxious etc. This was true. I was of course very anxious & distressed. In my MR I pointed out that people with mental ill are not jibbering idiots & often give no indication to others that they are unwell. My psychiatrist backed up application with a FULL report. I was awarded lower rate on both at MR. I put in an appeal as I was 1 point away from enhanced D L & withi n 3 weeks I had a text to say a decsion had been made in my favour and I now get enhanced D L...I was quite Ok with standard mob.....good luck I am sure you will be OK

Peter: Thank you. I have 10 pts for DL and believe it should've been 12, hence appeal. I don't think for a minute the appeal writer believes what he says: he just trying to discredit me a little to the tribunal - and if they can't see that they shouldn't be doing this job! However, this prejudicial rubbish shouldn't be happening and needs challenging by tribunal judges... Are they?

Marcus......I hope that the same will happen to you as it did to me...they changed their mind without the necessity of going through appeal...is it blindinly obvious in your case ? backed up by medical evidence ??

Marcus
Quote ' firmly suggested that because I submitted "very articulate" MR and appeal submissions, that may raise some doubt about the degree of my mental ill-health ....

Only an uneducated , unqualified to evaluate the situation person could make such broad sweeping statements and this is clearly discrimination. Your case requires professional eyes to see that.
Cognition and intellect of course can be affected by a mental health problem but as any fool knows most mental health conditions aren't on stage 24/7 and when the psychological / emotional symptoms are in relapse intellect doesn't always sit out in an unknown land. I was expecting a similar comment on my recent reports but somehow dodged that bullet.

I recently went for my PIP assessment with an assessor who came across as very limited in her understanding of mental health. I was awarded 8 points daily living and they were mostly to do with eating, washing , dressing . 2 points was given for social interaction.
I have ptsd and when the report came back it gave so much merit to how well my mental health is it was laughable . so why were they awarding such a well women ?
Id have liked to have had my say and found my case however decided to take what i was given and keep stum. My understanding is that the points could have been reduced if i had asked for reconsideration and so that swayed my decision to.cut and run.
I would suggest that you take your situation to a mental health charity such as MIND somewhere where they have advocates or a disability charity . Talk.over with someone about the nature of this discrimination.
Maybe someone within vet services can help you ?