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PIP claim damaging my health

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6 years 2 months ago #205220 by braveheart
PIP claim damaging my health was created by braveheart
I thought I would share my experience of my PIP claim and to update you with the result when I get it. Had DLA 15 years, middle care indefinitely had to apply for PIP. Filled form out with extra sheets, lots of medical evidence, went to F2F. Totally distressed as I cannot cope with people as it is, let alone entering a formal building and being around people I do not know. I have Emotionally Unstable Personality Disorder, which is quite a serious mental condition in which 1 in 10 people successfully commit suicide due to the despair that stress causes. It is like what people see as small stress, inflated 10 times and then its just meltdown. Was distressed at the F2F to the point that the assessor did not want to listen to me detail anything about how i am affected daily.It was as if every attempt I made was intruding on her wanting to type on her computer. Just kept saying she would get this done as quick as possible so I could go. That is not what I wanted. I wanted to explain, even as hard as it was tears streaming down my face how I could not engage with people. The interview lasted about 25 minutes with most took up with a physical mobility examination for which I was not even claiming anything for. I was asked about suicide which anyone with EUPD has very likely to feel regularly and I replied that I had in the last 2 weeks- the stress of coming for the F2F meant it was always on my mind due to how it would affect me. I was let go with no attempt at asking if I had anything else to say or following assessor guidelines. I did not bring anyone with me, as with EUPD the effects are actually made worse with a feeling of being that worthless of needing someone and it is also someone else to direct anger at. I was awarded 4 points. I did a thorough MR with help which was turned down even though I was told when I broke down on the phone to the DWP that they would look at it, not the assessment company. This was not true. It basically went back to the assessor who stuck to the original appalling report. The report was totally inaccurate. My reply to suicide was stated no suicidal thoughts. My Emotionally Unstable Personality Disorder was not mentioned once, just 'social anxiety and phobia' despite 5 letters from psychiatrists and doctors stating my proper confirmed diagnosis. It was as if I was seen as someone with social anxiety and depression, not my proper complex diagnosis which is much more than that. I enclosed letters from my former employer about my behaviour which led to my medical retirement, from my carer friend who has contact with me and fully knows the daily effects, and a recent GP letter. I also enclosed a recent full DWP report outlining my proper diagnosis and reasons for me being awarded the Support Group of ESA. Confrontation and aggression around people etc.etc. Still dismissed in favour of a totally inaccurate F2F. So I had my tribunal bundle. All 150 pages of it, mainly my evidence and reports. I made a statement about how the F2F was not performed properly and the response to my complaint to the assessor about it in which they stated that I was extremely distressed during the F2F, as I am on the majority of days with people. I had an urgent appeal hearing set and my GP had stated that an appearance at the tribunal would be extremely detrimental to my mental health and that confrontation and anger would be present. I was an emotional wreck in the morning, the effects of my personality disorder and despair made me just want to self harm. I telephoned to say that I could not attend, hardly being able to talk and that please just decide on the papers. The evidence pointing to the descriptors that I met was overwhelming. I just wanted it over and done with. But no. apparently it was adjourned and I must attend an hearing. Meltdown again. I have replied saying that I will attend as I cannot let this injustice go, I have been through so much pain and when I am able to I fight with every ounce I have left. That was three weeks ago and I have been told by the TS that I have to wait indefinitely for a judge to decide if I can have an urgent tribunal. I was told that there is no time limit for them to decide. As I cannot deal with people - in person or on the telephone, I just lost all control due to my personality disorder at hearing this. I mentioned about suicide as honest to god this has just heightened all of those feelings and then they called the police. The police attended my home within an hour. I have since had two more breakdowns with a massive outburst at hospital and the police came to my home again this week after my doctor reported it. I have an urgent referral to the crisis team and a psychiatrist appointment. I know this is all irrelevant but I wanted to share this with you and to show how devastating it is to fight against this when every day is so difficult without this extra torment. So my position now is waiting and waiting for another tribunal date in which I will probably have to be physically forced to attend, simply because they could not decide on the papers. I will therefore keep you posted on what happens next. As anyone with EUPD knows, each day is a dread of what will happen and how you will feel. Perhaps if the assessor had completed a proper assessment as was done with my ESA, then I would not be in this position now.

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6 years 2 months ago #205237 by Gordon
Replied by Gordon on topic PIP claim damaging my health
Braveheart

Although the TS have said that you should attend, you do not need to do so, you can still opt for a Paper hearing. In fact, based on your post it may actually harm your claim if you attend, certainly if you attend alone, however, the panel may get a better understanding of your problems if they are able to ask you questions about your problems.

So you need to think carefully about what you want to decide to do.

Gordon

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

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6 years 2 months ago #205244 by braveheart
Replied by braveheart on topic PIP claim damaging my health
Thanks Gordon, but because they couldn't decide on the papers at the last Tribunal, surely that basically means that unless I attend a new tribunal, they will go against my appeal.

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6 years 2 months ago #205246 by Gordon
Replied by Gordon on topic PIP claim damaging my health

braveheart wrote: Thanks Gordon, but because they couldn't decide on the papers at the last Tribunal, surely that basically means that unless I attend a new tribunal, they will go against my appeal.


Not necessarily, but it may make it harder for them to make a Decision and you could receive a lower award, but you should not assume that they will simply find against you.

As I said, you really need to consider the pros and cons of your attending, these negatives will be greatly reduced if you can attend with someone else, in either case expect questions about how you have managed to attend.

It may be that you consider this hearing as being so important to your mental health that failing to attend would have a worse effect of your health than doing so.

Gordon

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

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6 years 1 month ago #207084 by braveheart
Replied by braveheart on topic PIP claim damaging my health
So I attended the tribunal, which was an absolute nightmare. I did watch some videos on what to expect and took a lot from them. Like it said in one of the best videos, don't expect much compassion from the disability specialist at Tribunal. Perhaps mine was a former worker from ATOS. My evidence was overwhelming and I was awarded 11 points which was a win. Atos gave me 2. Would I go through it again? No. The fight has lasted for nearly a year and my mental health has declined so much. I say again that unless this assessment system is totally overhauled and ATOS are made to face some form of penalty when their decision is clearly wrong, then people in most need in society will suffer greatly. In light of the recent news on how much the government are spending on fighting legitimate claims for their own costcutting and how many decisions are overturned, these assessors must be thrown out when it comes to their renewal of contracts next year. Mandatory Reconsideration is just a joke and I am ashamed to be British when this is how our disabled people are treated in this country. It will probably take a new government to change things, but before then I believe many lives will be lost at the hands of these inhumane assessors. Mine nearly was.

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6 years 1 month ago #207107 by Gordon
Replied by Gordon on topic PIP claim damaging my health
braveheart

Trying to seize on the positive, congratulations on the award, well done.

Gordon

tags: @RESULT @PIP @APPEAL

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