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Pip review has led to daily living being removed
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2 days 8 hours ago #304902 by DC
Pip review has led to daily living being removed was created by DC
I have been really surprised by my husbands enhanced daily living being reduced to nil. Mobility has stayed at the standard rate.
He has been awarded 0 points in lots of areas where he needs lots of support for his mental health and autism. The assessor seems to be saying that as he is not depressed he can do the activities. His mental health diagnosis impacts negatively on motivation and social interaction. He has had enhanced for many years and I am just baffled as to how it can just be removed with no change in diagnosis. The only change is that the psychiatrist has upped medications and phobias are more restricting.
I have asked for the assessment and have started the Mr process too.
I am just offloading really as he has no interest in any of the outcomes as his mind is too preoccupied.
I am facing a long process of acting on his behalf to take it to appeal......this also happened about 10 years ago and the appeal was won but it was handled by a benefits advisor who could visit him at home. This so no longer available in our area
He has been awarded 0 points in lots of areas where he needs lots of support for his mental health and autism. The assessor seems to be saying that as he is not depressed he can do the activities. His mental health diagnosis impacts negatively on motivation and social interaction. He has had enhanced for many years and I am just baffled as to how it can just be removed with no change in diagnosis. The only change is that the psychiatrist has upped medications and phobias are more restricting.
I have asked for the assessment and have started the Mr process too.
I am just offloading really as he has no interest in any of the outcomes as his mind is too preoccupied.
I am facing a long process of acting on his behalf to take it to appeal......this also happened about 10 years ago and the appeal was won but it was handled by a benefits advisor who could visit him at home. This so no longer available in our area
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2 days 7 hours ago #304905 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip review has led to daily living being removed
Hi Debs
I'm sorry to hear about the position you find yourself in. I'm glad to hear that you are going to get a copy of the assessment report.
I know it's not easy - but remember the assessor is giving her 'opinion' and you have to show why she is mistaken. Look out for things she 'ignored', 'misunderstood' etc.
There doesn't need to be a change in diagnosis, because that's not what they are really looking at. The assessor is saying whether in their opinion a claimant meets the PIP criteria. They don't have to agree with what a previous assessor has said.
One thing that often comes up with assessors when it comes to mental health is that they say a claimant 'chooses' not to do something rather than they 'can't do' something - so look out for that.
In my experience, very few assessors have a deep understanding or experience of autism and often make unfathomable comments and choices when assessing claimants with the condition.
Do look at the guide to challenging a medical report - and see if there's anything in there that you can use for your MR.
Come back and ask if you have any questions.
BIS
I'm sorry to hear about the position you find yourself in. I'm glad to hear that you are going to get a copy of the assessment report.
I know it's not easy - but remember the assessor is giving her 'opinion' and you have to show why she is mistaken. Look out for things she 'ignored', 'misunderstood' etc.
There doesn't need to be a change in diagnosis, because that's not what they are really looking at. The assessor is saying whether in their opinion a claimant meets the PIP criteria. They don't have to agree with what a previous assessor has said.
One thing that often comes up with assessors when it comes to mental health is that they say a claimant 'chooses' not to do something rather than they 'can't do' something - so look out for that.
In my experience, very few assessors have a deep understanding or experience of autism and often make unfathomable comments and choices when assessing claimants with the condition.
Do look at the guide to challenging a medical report - and see if there's anything in there that you can use for your MR.
Come back and ask if you have any questions.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 9 hours ago #304940 by DC
Replied by DC on topic Pip review has led to daily living being removed
The decision maker looked at information provided and the health professional consultation report and changed the descriptors based on medical evidence received.
Prompting has been considered in areas managing therapy monitoring a health condition communicating etc but ruled out as the letter from the mental health shows you do not describe yourself as depressed. This appears to be linked to phobias rather than depression and lack of motivation. I decided you can manage these activities unaided.
The above is an extract from the decision letter. There is a mental health diagnosis which impacts greatly on all the motivation required in daily living activities. There is weekly therapy and also he is under the psychiatrist who prescribed extra medications. There are several medications to be taken at different times of the day 11 in total for different conditions with 3 for mental health and he is just not able to manage them safely. He does not feel depressed but is obsessive in his dark thoughts always seeking to show they are true and constantly a priority in his mind leaving him unable to function without my support. He has phobias which severely impact his ability to engage with anyone due to being triggered. He is also disengaged from day to day living and basically lives in a room within the house . It seems to me to be saying that they are disregarding the descriptors as he is not depressed.....any thoughts
Prompting has been considered in areas managing therapy monitoring a health condition communicating etc but ruled out as the letter from the mental health shows you do not describe yourself as depressed. This appears to be linked to phobias rather than depression and lack of motivation. I decided you can manage these activities unaided.
The above is an extract from the decision letter. There is a mental health diagnosis which impacts greatly on all the motivation required in daily living activities. There is weekly therapy and also he is under the psychiatrist who prescribed extra medications. There are several medications to be taken at different times of the day 11 in total for different conditions with 3 for mental health and he is just not able to manage them safely. He does not feel depressed but is obsessive in his dark thoughts always seeking to show they are true and constantly a priority in his mind leaving him unable to function without my support. He has phobias which severely impact his ability to engage with anyone due to being triggered. He is also disengaged from day to day living and basically lives in a room within the house . It seems to me to be saying that they are disregarding the descriptors as he is not depressed.....any thoughts
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1 day 8 hours ago #304943 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip review has led to daily living being removed
Hi DC
First thing to consider - is the report that was submitted accurate? I don't know whether or not this applies in the case of your friend - but we advise people never to submit reports that can potentially hurt their case. It can be hard to judge whether or not the DWP will twist things.
Anyway - did your friend say that? What is the opinion of the medical profession - do they agree he is not depressed? You said that he suffers from autism. If he has trouble communicating - then he may not articulate what he experiences as someone else would. Anyway - even if he is not depressed you said that he has been diagnosed with a mental health condition and he takes multiple medications. Not every mental health condition involves depression and you need to say that. I would be arguing that the assessor has misunderstood the severity of his condition in not understanding the impact of phobias on his daily living. Take for instance the medication - you say he needs support to take it - why? It is because his dark thoughts stop him even thinking about it? If he is constantly stuck in the black hole there is little space for getting dressed, eating, talking and communicating. Are they aware he is mainly room-bound within a house?
You need to argue whatever type of phobias that he suffers from, that they are all encompassing and don't just affect him when he comes into contact with a specific trigger. Part of the problem often is that anything can be a trigger which is why they can be so disruptive.
When you submitted his form, did you include a letter from you about what you have observed and why you need to offer so much support? If not, I would include one.
Have a look at page 17 and 18 of the Guide to PIP claims and reviews all about reliability. It also includes about safety. I would be arguing that there is no way, if he managed to do something, it would take him much longer than someone without the condition and he certainly wouldn't be able to repeat it. Look at what it says and apply it to his circumstances and be blunt and say that the assessor ignored the fact that he cannot do this.
Hope this helps
BIS
First thing to consider - is the report that was submitted accurate? I don't know whether or not this applies in the case of your friend - but we advise people never to submit reports that can potentially hurt their case. It can be hard to judge whether or not the DWP will twist things.
Anyway - did your friend say that? What is the opinion of the medical profession - do they agree he is not depressed? You said that he suffers from autism. If he has trouble communicating - then he may not articulate what he experiences as someone else would. Anyway - even if he is not depressed you said that he has been diagnosed with a mental health condition and he takes multiple medications. Not every mental health condition involves depression and you need to say that. I would be arguing that the assessor has misunderstood the severity of his condition in not understanding the impact of phobias on his daily living. Take for instance the medication - you say he needs support to take it - why? It is because his dark thoughts stop him even thinking about it? If he is constantly stuck in the black hole there is little space for getting dressed, eating, talking and communicating. Are they aware he is mainly room-bound within a house?
You need to argue whatever type of phobias that he suffers from, that they are all encompassing and don't just affect him when he comes into contact with a specific trigger. Part of the problem often is that anything can be a trigger which is why they can be so disruptive.
When you submitted his form, did you include a letter from you about what you have observed and why you need to offer so much support? If not, I would include one.
Have a look at page 17 and 18 of the Guide to PIP claims and reviews all about reliability. It also includes about safety. I would be arguing that there is no way, if he managed to do something, it would take him much longer than someone without the condition and he certainly wouldn't be able to repeat it. Look at what it says and apply it to his circumstances and be blunt and say that the assessor ignored the fact that he cannot do this.
Hope this helps
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 day 6 hours ago #304962 by DC
Replied by DC on topic Pip review has led to daily living being removed
His Psychiatrist has agreed to write a letter of support highlighting how the phobias impact him daily. This will cover a lot of what is needed.I will submit that as extra evidence in requesting a MR and also write a letter about what I do for him daily to enable him to function in his own home. I appreciate all the advice and the time you have taken to respond.
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