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please help no points!

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6 years 6 months ago #198702 by stevieG
please help no points! was created by stevieG
hi

i don't know where to start with this really but i have been caring for my brother recently, he has been dealing with mental health services for the past 6 to 7 years, three years ago he was lost in the system and has had to live without diagnosis for the past 3, but before he was diagnosed with borderline personality disorder, he has had no help and has been put through hell by the services, they wouldn't help him initially after we tracked down the service after one of their offices closed, only to be told they wouldn't help him because he was homeless, then when he had somewhere to live, he had to get clean so i helped him with this and then he saw one of the psychiatrists and he updated them on everything that had been going on, PIP then wanted a reassessment, yet there had only just been one meeting, we gave them the details of this service but however on receipt of this letter the service has seemingly run a mile and discharged him only referring him to a drug and alcohol service with no regard to his repeated self harm, including scars and self medicating, his issue with hygiene and depression and impulse control to just suddenly get up and go in the middle of the night or at any random time, he attended his meeting and was out within 15 mins, they asked nothing in regards to his mental health only physical capabilities, he was awarded no points even after showing his scars and it is very difficult as the service he has been attending for so long only to be left stranded because of a letter from PIP which before the letter were more than happy to help, he has been in a psychiatric hospital before and was then referred to a suicidal service which is a free service run by volunteers and to this dayif it wasn't for them i don't know if he would actually be getting any help, I'm worried when appealing for the mandatory decision that if i provide their details they may do the same thing even though we have spoken to them, we have evidence of all the issues with the other services but i don't know how much i should provide given that i think it will just end up infront of a tribunal and this is almost on the verge of leaving my brother homeless again

could you please give any advice in regards to what we should do?

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6 years 6 months ago #198708 by Gordon
Replied by Gordon on topic please help no points!
Stevie

Your brother has two choices, three if you include give up, he can make a new claim for PIP or he can challenge the existing Decision.

Starting again may allow him to address the issues that prevented this claim from being successful, however doing so will mean he will only receive benefit from the date that the new claim is made.

Challenging the Decision may well take a long time, it's quite possible that it will have to go to appeal which may take six months or more.

You make some references to your brother's conditions but don't refer to his limitations and it is these that are being tested. PIP has very specific criteria that has to be met and if this is not shown to be the case then an award won't be made however ill the claimant actually is.

Have a look at the guides in our PIP section, the Claim guide explains the criteria and the Appeal guide covers requesting a Mandatory Reconsideration which is the first stage to challenging the Decision.

If you have any questions then please reply to this post and we will do our best to help.

Gordon

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

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6 years 6 months ago #199213 by stevieG
Replied by stevieG on topic please help no points!
in regards to his limitations do you want me to list them?

the problem is how do we prove these? as the service has left us with nothing just as we was about to get help, to go through the services all over again would take months, this would be the third time of doing so

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6 years 6 months ago #199222 by Gordon
Replied by Gordon on topic please help no points!

stevieG wrote: in regards to his limitations do you want me to list them?

the problem is how do we prove these? as the service has left us with nothing just as we was about to get help, to go through the services all over again would take months, this would be the third time of doing so


I just wanted to make sure that you understood that it is his limitations in regard to the PIP activities that are being assessed and not the conditions themselves.

Although I dislike the term it is about painting a picture of his problems, pay particular attention to consistency across the activities, for example; hand problems may effect a claimants ability to complete the Preparing Food activity, Eating and Drinking, Washing and Bathing and Dressing and Undressing.

Remember that the activities need to be done reliably and on the majority of days, both of these terms are described in the PIP Claim guide.

Gordon

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

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