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Thoughts on OPD
- MrFibro
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3 years 10 months ago #260741 by MrFibro
Thoughts on OPD was created by MrFibro
Hi LL26
How can one prove that they have panic attacks in order to get points for mobility 1 planning following a route journey etc.
So i could easily say due to going into a populated area either inside or outside causes me severe anxiety, and i would subsequently be gasping for air due to the panic attack i incurred.
How can that what i have just written go in my favour, when everytime i have an assessment, its ...he has no mental health nurses input.
My local mental health centre are a waste of time, all they do is phone up my GP for him to increase my antidepressants or change me over onto something different.
Oh but first i have to have an ECG to see if my heart can handle it lol.
Even feeling suicidal its very difficult to get oneself an appointed mental health nurse.
My thinking is is just go for an MR, if that fails as DWP are so tight fisted with dishing out points. Then just go down the tribunal route.
I recently looked at my last PIP award and the assessor scored he high rate mobility ie 8 points moving around, and 4 points planning jurney etc.
But the assessor she only scored me 6 points for daily living !!!!
So i went through the MR route and DM adjusted the award, so he/ she took away my 4 points planning journeys etc, then increased my daily living to an extra 2 points to give me standard rates on both daily living and mobility.
In hindsight i should had gone to a tribunal, but because previous to this MR i had already gone through ESA appeal and won, and the whole shooting match sort of worn me and my family down.
So this time I'm ready for a fight to the death if they try to do me out of points i should get.
On an end note are there no nice people working at the DWP lol i mean how do they not have a conscience.
regards to all.
How can one prove that they have panic attacks in order to get points for mobility 1 planning following a route journey etc.
So i could easily say due to going into a populated area either inside or outside causes me severe anxiety, and i would subsequently be gasping for air due to the panic attack i incurred.
How can that what i have just written go in my favour, when everytime i have an assessment, its ...he has no mental health nurses input.
My local mental health centre are a waste of time, all they do is phone up my GP for him to increase my antidepressants or change me over onto something different.
Oh but first i have to have an ECG to see if my heart can handle it lol.
Even feeling suicidal its very difficult to get oneself an appointed mental health nurse.
My thinking is is just go for an MR, if that fails as DWP are so tight fisted with dishing out points. Then just go down the tribunal route.
I recently looked at my last PIP award and the assessor scored he high rate mobility ie 8 points moving around, and 4 points planning jurney etc.
But the assessor she only scored me 6 points for daily living !!!!
So i went through the MR route and DM adjusted the award, so he/ she took away my 4 points planning journeys etc, then increased my daily living to an extra 2 points to give me standard rates on both daily living and mobility.
In hindsight i should had gone to a tribunal, but because previous to this MR i had already gone through ESA appeal and won, and the whole shooting match sort of worn me and my family down.
So this time I'm ready for a fight to the death if they try to do me out of points i should get.
On an end note are there no nice people working at the DWP lol i mean how do they not have a conscience.
regards to all.
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- BIS
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3 years 10 months ago #260745 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Thoughts on OPD
Hi mrfibrospondodysthmatic
Proving OPD is always a tricky one and that's what you will have to do. The fact that you have no mental health input always comes up, so you need to explain why you don't have any. Examples include: had some in the past and been discharged, none available, not been effective, on a waiting list, refused help by services, input from GP, unhelpful staff and a focus on medication, ineffective medication, etc etc.
Whatever medical evidence you have for your mental health condition you need to show it (letters and prescriptions)
Has any friend, or relative witnessed your panic attacks? If they have ask them to write a statement.
Then you have to describe your panic attacks. Although there is no specific definition for overwhelming psychological distress - they will be looking for it to be severe and so you have to describe in details the impact eg - how long it lasts, what happens before, during and after, how you feel and the fact that whatever you were doing you probably can't carry on or repeat it. You also need to mention the safety aspect.
You could keep a diary of the panic attacks showing the frequency of them. If you do this you need to put in capital letters how often this happens when you are away from home. To be considered for points It needs to occur more than 50% of the time. Don't leave it open for them to say it only happens occasionally.
There are few guarantees as you know, especially when trying to prove something that can't easily be measured.
BIS
Proving OPD is always a tricky one and that's what you will have to do. The fact that you have no mental health input always comes up, so you need to explain why you don't have any. Examples include: had some in the past and been discharged, none available, not been effective, on a waiting list, refused help by services, input from GP, unhelpful staff and a focus on medication, ineffective medication, etc etc.
Whatever medical evidence you have for your mental health condition you need to show it (letters and prescriptions)
Has any friend, or relative witnessed your panic attacks? If they have ask them to write a statement.
Then you have to describe your panic attacks. Although there is no specific definition for overwhelming psychological distress - they will be looking for it to be severe and so you have to describe in details the impact eg - how long it lasts, what happens before, during and after, how you feel and the fact that whatever you were doing you probably can't carry on or repeat it. You also need to mention the safety aspect.
You could keep a diary of the panic attacks showing the frequency of them. If you do this you need to put in capital letters how often this happens when you are away from home. To be considered for points It needs to occur more than 50% of the time. Don't leave it open for them to say it only happens occasionally.
There are few guarantees as you know, especially when trying to prove something that can't easily be measured.
BIS
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- Gordon
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3 years 10 months ago #260760 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Thoughts on OPD
Mr F
The PIP Descriptors refer to Overwhelming Psychological Distress, a "panic attack" may not be considered as meeting this requirement.
Gordon
The PIP Descriptors refer to Overwhelming Psychological Distress, a "panic attack" may not be considered as meeting this requirement.
Gordon
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- LL26
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3 years 10 months ago #260763 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Thoughts on OPD
Hi Gordon and Mrfibrospondodysthmatic,
www.google.com/url?sa=t&source=web&rct=j...HASV9ExMpi8N4YOC-LXf
This is a link to JT v SSWP. In this case Judge Rowland observed that there was a bit of a chicken and egg situation. Which comes first?? Not going out because it makes you panicky, or going out feeling panicky and not being able to do it again. Judge Rowland felt that in a way this problem could be overthought. He felt that if you were couldn't go out because if panicky etc the it was highly likely that you had OPD, and as a counter argument if you could go out, then whatever mental health issues you have would probably not be OPD. The definition that DWP apply namely severe anxiety such as to lose function is simply not the correct test.
To follow up the original question, hiw can you prove panic attacks when certainly witnesses, and if things get so bad you need medical attention and then its all observed and noted.
But how do I prove my leg hurts or I have fatigue? Sure if I limp along or I am constantly yawning then either condition may be obviously. But the chances are that the only evidence I may have is telling someone. There are a lot if hidden illnesses, not only relating to mental health. A lot of treatment is simply done on trust. This is why (and yes, it does potentially mean unnecessary visits to GP or other health care provider) anyone claiming POP or wishing to , should visit their HP every once in a while, and discuss mhealth conditions possibly just to have a medication review etc just so the GP has notes of the health conditions and DWP can't legitimately use the 'doesn't see GP so not serious condition argument" they seem to like using.
Unfortunately many assessors don't have specialist mental health training but then equally somw do not appear to be able to deal with physical disability.
Whilst it is tedious having to appeal to a tribunal, at least most tribunal members seem to have a better grasp of the effects of illness and disability.
The only advice I can really give nmfir all PIP descriptors, is witnesses, explanations and examples.
Hope this helps.
LL26
www.google.com/url?sa=t&source=web&rct=j...HASV9ExMpi8N4YOC-LXf
This is a link to JT v SSWP. In this case Judge Rowland observed that there was a bit of a chicken and egg situation. Which comes first?? Not going out because it makes you panicky, or going out feeling panicky and not being able to do it again. Judge Rowland felt that in a way this problem could be overthought. He felt that if you were couldn't go out because if panicky etc the it was highly likely that you had OPD, and as a counter argument if you could go out, then whatever mental health issues you have would probably not be OPD. The definition that DWP apply namely severe anxiety such as to lose function is simply not the correct test.
To follow up the original question, hiw can you prove panic attacks when certainly witnesses, and if things get so bad you need medical attention and then its all observed and noted.
But how do I prove my leg hurts or I have fatigue? Sure if I limp along or I am constantly yawning then either condition may be obviously. But the chances are that the only evidence I may have is telling someone. There are a lot if hidden illnesses, not only relating to mental health. A lot of treatment is simply done on trust. This is why (and yes, it does potentially mean unnecessary visits to GP or other health care provider) anyone claiming POP or wishing to , should visit their HP every once in a while, and discuss mhealth conditions possibly just to have a medication review etc just so the GP has notes of the health conditions and DWP can't legitimately use the 'doesn't see GP so not serious condition argument" they seem to like using.
Unfortunately many assessors don't have specialist mental health training but then equally somw do not appear to be able to deal with physical disability.
Whilst it is tedious having to appeal to a tribunal, at least most tribunal members seem to have a better grasp of the effects of illness and disability.
The only advice I can really give nmfir all PIP descriptors, is witnesses, explanations and examples.
Hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MrFibro
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