× Members

Would Someone Look at my Written Statement Please?

More
3 years 10 months ago #260012 by Alice-Anne
Hi,

I don't know if this is bad form to ask or not, but I'm asking anyway. If it's not possible, just delete the thread and I'll understand.

Would someone look at my written statement to my tribunal? There won't be any personal information in it or anything that identifies me or my representative.

I'd just post it on the forum and ask if anyone thought it could be improved.

Thank you.

Alice-Anne

Please Log in or Create an account to join the conversation.

More
3 years 10 months ago #260018 by BIS
Hi Alice-Anne

You are welcome to post it and ask for anyone to comment.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alice-Anne

Please Log in or Create an account to join the conversation.

More
3 years 10 months ago #260226 by Alice-Anne
Hi,

Thank you for letting me post this up. It took me a week to get this information down. It really has been mentally exhausting and quite traumatic constantly facing my condition like this and having to get it down on paper. I worry that I sound like I am whining. Also, it's been over a year now since my initial PIP application and my condition has worsened.

FYI - HM Courts & Tribunals have compensated me financially for the data breach in sending my bundle to the wrong person (and sending me theirs, I might add) and the DWP have now admitted their mistakes in writing and I am waiting to hear back from ICE as to how the situation will be resolved.

I am happy for you to absolutely pull this apart if you think it isn't great. I'm just very grateful to anyone that might look at it and tell me if/where I am going wrong?

Thank you in advance.


I have two pieces of information that I would like to share before I make a statement.

I would like the panel to know that one of the Many reasons I am Mentally and Physically unable to represent myself at this Tribunal, is because HM Courts and Tribunals sent my entire appeal bundle to a complete stranger. This has made me incredibly vulnerable to many types of fraud and identify theft. It has caused a further deterioration in my mental health and in particular my paranoia. I am now living with the constant fear that my personal data is going to be used illegally or against me in some way. I have no way of knowing if I am safe or not.

The DWP are currently being investigated by ICE for the way in which my claim has been processed by them. I feel that the mistakes that they are being investigated for are relevant and impacted the way in which they responded to my original claim, awarding me 0 points.

For example, their response to my mandatory reconsideration states that they ‘looked at all of the information [they] have including informal observations at my face to face consultation’

I did not have a face to face consultation. I had a telephone assessment. Therefore the observations that they have partly based their decisions on do not exist.

I am 38 and have been experiencing mental health issues since I was 8 years old. I was awarded 0 points for my PIP Claim and therefore given no award. I am appealing against this decision as my mental health conditions cause me many problems on a daily basis. I don’t feel that the telephone assessment that the DWP have based their decision on, in any way represents the way in which my conditions impact my day to day life.

Also, whilst professional, I do not think that the physio therapist who carried out my telephone assessment had any insight into mental health conditions.

This statement has taken me a week to write. I didn’t realise this until my partner pointed that out to me. Because of my OCD, I have re-read it a dozen times to make sure it isn’t ‘wrong’.

Preparing Food
I don’t feel like making food at any time. My partner prompts me to do this. I’m not able to follow a recipe reliably and have to refer back to it constantly to understand it because the information does not register in my mind. This takes so much time that I eventually get frustrated and abandon what I’m doing, usually feeling angry and stupid. I throw the food away. I have this feeling that when something is hot, that I could pick it up anyway and it will be fine. I have done this on several occasions when my partner is not there and had burns on my hands. I have no concentration when I try to cut up ingredients and I have also cut myself on a number of occasions. I leave the oven and the hob on all the time without being aware that I am doing it until my partner finds me and tells me what I have done. It’s because of this that I avoid preparing food and just eat something like high calorie like biscuits, chocolate or crisps. If my partner is with me, he reassures me. He reminds me of what I need to add to meals. He reminds me to put the oven and hob off and to close cupboard doors. He reminds me that I need to wear oven gloves. Without his supervision, I feel that I would be in danger of hurting myself.




Taking Nutrition
I have no motivation to eat properly at all, which eventually leads to binge eating high calorie junk foods. I would not eat a proper breakfast without my partner encouraging me to do so. On a morning ‘negotiations’ begin where he will ask me just to have a cup of coffee to start with. I try and hide it from him if I haven’t eaten, but he is able to read my behaviour now and is usually able to persuade me to have some toast or something similar. If he does not prompt me or physically bring me something, I would usually just have coffee or a diet cola.

Managing Therapy or Monitoring a health condition

I hate that I have to take medication every day to be able to function. During the day it’s Fluoxetine to motivate me, help with the OCD and lift my mood and at night it’s Mirtazapine to make me sleep. I resent it so much, that I have stopped taking my medication in the past and hidden this which has been harmful. My partner now asks me every day if I have taken them (he has alarms set on his phone) and encourages me to do so. I am also not aware if my mood changes or if my behaviour is unreasonable or irrational and rely on him completely to tell me if this is the case. This is a huge pressure on him and our relationship.

Washing & Bathing

I get very distressed if I can’t wash or bathe whenever I want to. Due to my OCD I must shower and wash my hair at least once a day or I feel like I can’t actually function and my skin is crawling. I often feel like I don’t get clean enough and will shower multiple times a day, making my skin sore. This happens every time I have to go out socially. I feel like I have to be completely clean or people will stare at me. I actually wash my hands up to 50 times a day which can make them sore and bleed. This has increased since the pandemic began. I sometimes spray antibacterial surface cleaner on my hands. My partner intervenes and stops me.

Managing Toilet Needs

I have IBS and have had several colonoscopies. I have had colon polyps removed and have to have regular colonoscopy appointments. During an IBS flare up, I can be constipated or have diarrhoea, but I need to be near a bathroom at all times just in case. Sometimes the safest thing to do is just to stay sitting on the toilet for an hour. It’s mortifying if I am not at home when this happens.

Dressing and Undressing

It takes me a very long time to decide what to wear and I obsess for days over outfits if I know I have to go somewhere. My niece is getting married next year and already I am panic stricken about what I will wear. My partner helps me choose what is appropriate as I will often choose clothes that are unsuitable for where I am going or for the weather outside. I will change my clothes several times before going out and even then I sometimes make my partner bring me home to change. I know it’s irrational, but I can’t help it. I have no confidence in my appearance and I hate the way I look. I will not try clothes on in a shop because I don’t want to look in the mirror and I only buy clothes when my partner or another family member prompts me to do so because what I am wearing is shabby. I buy black clothes that are usually far too big for me, because I just want to disappear and not be seen. Then when I wear them I feel worse because I look huge.

Communicating Verbally

I struggle every day with understanding verbal communication. I find myself in a panic when I am talking to people and not able to concentrate on what they are saying because I am so worried that the conversation will dry up and I will look stupid. I’ve been told that I end up interviewing people and come over as nosey or intrusive and that I say inappropriate things or over share to avoid awkward silences.

DWP say I coped well with their telephone assessment. I did not. I spent days before worrying, not sleeping and making irrational notes to try and prepare in case I got it ‘wrong’. I couldn’t decide what to wear for the assessment even though I wouldn't be seen. I had my partner sitting beside me, holding my hand and constantly reassuring me. I don’t believe that someone without my conditions would have gone through all of that just to talk to someone on the phone.

Reading and understanding signs signals and words

I definitely need help to read or understand these things. The words just don’t go in. If I am given a large amount of written information to read or learn from, my partner always has to read it for me and break it down into manageable sections. I am not stupid, I just cannot follow written information logically and I panic. If I absolutely have to read something, it takes me a very long time to make it make sense and I have to read it over and over again. I often feel like I get left behind because of this and in the past I have just pretended that I knew things and hoped I wouldn’t get found out. It’s awful. I cannot read maps or complex instructions, it’s impossible to me. My partner does all of this for us.

Engaging with people face to face

I will only do this when there is no other choice. I have retreated further and further away from people (including my family) and society to the point where I would literally rather jump off a cliff rather than go out and talk to people. It takes me days to prepare myself to engage with people socially and I will only do this if there is no other option. My partner has to be with me for social support. He also tells me if my behaviour is unacceptable and literally physically supports me so I can speak to people. If he wasn’t with me, I would not even consider going out. After any face to face event/party/family gathering (where I put on a show of being alright) I usually go straight to bed until the next day because I am completely mentally overwhelmed and exhausted and need to calm down. I then spend weeks afterwards dissecting everything that was said and crippling myself with anxiety in case something bad comes of it. My partner then has to reassure me on a daily basis that things will be alright. Things also come back to haunt me from face to face conversations from years ago. It is a horrible obsession.


Making Budgeting Decisions

I can’t. I just can’t. If my partner did not make all of the financial decisions, I have no idea what I would do. I can’t concentrate or follow financial instructions. He deals with all of the bill paying and planning and if he tries to involve me, I go to pieces. I get angry with him when he tries to explain things and completely shut down. He also stops me from spending money on things I don’t need. I feel very helpless about this, but there is nothing I can do to make myself better at it. I hate the pressure this put my partner under.

Planning & Following Journeys

I cannot read maps or follow a route. I look at a map, tube map or bus timetable and all I see are confusing lines and text and I panic. My eyes become very unfocussed and I get very upset and overwhelmed because I know that there is no way that I will be able plan a route to where I need to be. I get very overcome when I am out anyway, so my partner has to do all of this for me. On the occasions where I have tried to manage being out alone, I am constantly worried that something will happen to my partner and don’t concentrate on what I am doing. I have really tried in the past, but I just ended up overcome with panic and usually abandoned what I was trying to do. It constantly terrifies me that I might have to do this alone if my partner was ill or needed help. I am constantly paranoid when I am out and I often feel convinced someone is going to follow us home and harm us.

Please Log in or Create an account to join the conversation.

More
3 years 10 months ago #260273 by BIS
Hi Alice

As moderators we don't often comment if people want to put up their statements - simply because we don't know you or your medical history - but let me just highlight a couple of points.

Well done for writing such a comprehensive answer - it's always challenging to do this.

I know that you have left out any information that would identify you (which is good) - but I am concerned that several of your answers don't give a clear indication of your difficulties.

eg. Preparing Food.
You don't give any specific reason for why you can't prepare food. So is it your OCD or something else? Spell it out to them. The actions you take or don't take are a direct result of your condition/s - and/or medication and side effects so say so. Look at the PIP guide and this question and see if you are missing any points you may not have mentioned before. You don't have to write reams - but you want to make sure you hit the specific points they are looking at.

Don't say "I feel I am in danger" - that's too wish-washy and not accurate. Say "I am in danger." (I would be putting down that you cannot do things "reliably and safely" which is why you need the supervision.

If your partner is not home with you all the time - what do you do when they are not there.

Taking nutrition -

Same comment as above - link it to your specific medical condition and why it is so difficult. You haven't said if you are able to take sufficient nutrition for you health. (Have a look at the guide)

Washing and bathing.
Cut the bit about your niece - no one will care - everyone worries about what they might wear. Also don't talk about the shop. You need to keep it focussed on how you manage daily getting dressed and undressed at home. (Look at guide for some pointers) Your OCD will obviously come into play here. Emphasise how much longer it will take you than a person who hasn't got the condition - the stress and the exhaustion.

Communicating verbally
The problems you have here - link them to the specific medical conditions and symptoms. Say what the impact these difficulties have had.


Reading
This is a question you could struggle to cause unless you have a visual impairment, neurological impairment ... or any condition that has an accepted impact on your ability to read. You say that you can't read complex instructions - but they will simply ask you did you read the submission papers and when you say yes, they will say that you can understand complex sentences. Have a look in the guide and you will see why I am saying this. I'm not saying you shouldn't argue it - but without the medical back up you could struggle here. If you have it great.

“Complex written information” means more than one sentence of written or printed standard size
text in your native language."

Budgetary Decisions
Link to illness. Say why it makes it so difficult to concentrate.

Those are the main things I have seen. Don't feel you have to rewrite anything - it is only my view and I'm not an expert! Hopefully, someone others will say something.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alice-Anne

Please Log in or Create an account to join the conversation.

More
3 years 10 months ago #260278 by Gary
Hi Alice-Anne

As BIS has stated you need to meet the criteria to be awarded points.

Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Have a look at our PIP MR & Appeal guides www.benefitsandwork.co.uk/help-for-claimants/pip

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alice-Anne

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid