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Help and advice please. Pip appeal

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6 years 1 month ago #209104 by Markov
Help and advice please. Pip appeal was created by Markov
I was told by Gordan to come back for some advice when I received details. Basically I never scored a single point at my pip assessment on mental health grounds. I've just read over the report and can see the assessor has just ticked that I can do all the activities that I told her in detail I cannot do. I told her i do not prepare my own meals my mother does and explained why in detail. To cut a long story short I know I should have passed the assessment but it seems because I was able to answer the questions and not be prompted by my mother that it's went against me. Assessor remarks that I didn't need prompted to talk and that I had a kempt appearance and a mildly anxious mood with no signs of fatigue. They used evidence from a doctor's report from 2016 and didn't bother to get any up to date evidence. During the assessment I was very upset when talking about my son that passed away and I had to stand up and pace about the room. I am angry that the assessor says that I appeared mildly anxious when me and my mother know I was in a proper state. I have been a victim by the system and feel let down by capita and feel this assessor has seriously down played my illness on purpose. This is what my doctor has wrote I've just received this today any thoughts.i will be sending this with my appeal.

The patient attends the surgery and I have known him for a number of years. He has chronic problems with anxiety and depression. It has been made worse by the death of his son. He states his medication leaves him tired and low in energy. He feels unable to deal with strangers or crowds due to anxiety problems and relies heavily on his mother for his day to day needs. He states he is unable to sleep at night and recently had thoughts of life not worth living and has had thoughts of self harm. He states he is staying at home alot in his room and crying. He has been referred to the Mental Health Hub for further management. He denies any significant alcohol or illicit drugs. He is currently taking mirtazapine 45mg 1 at night and diazepam 5mg when required. I would be grateful if this could be taken into consideration when dealing with my patient.

Has anyone went for a mandatory reconsideration and actually had the decision changed from scoring no points. The assessor has noted down my answers regarding preparing food medication dressing etc going out. It seems after half an hour she seems to think she knows exactly how my mental health is day to day. I go through hell everyday and for someone to take away my monthly money that I depend on has made me feel alot worse. I also have a friend who is a social worker who is going to write me a letter but I have a feeling the decision isn't going to be changed. I've went from DLA middle rate cafe and low mobility indefinitely to absolutely nothing.

I sat and told this assessor that I cannot go out anywhere alone my mother also did and she decides I can. I don't prepare any of my meals due to my medication causing extreme fatigue and disorientation, I've dropped hot saucepan over myself etc, all told yet she decides I can prepare and cook my own food. I don't take my own medication as I've taken too much or too little before all of which had been told, I need promoted and encouraged with even getting up dressed showered changed everything everyday yet it's decided I don't. My mental health is ten times worse now and i feel because I sat and explained for myself what my days are like it's went against me. If the assessor only knew what I went through days leading up to this assessment, making myself sick having panic attacks anxiety they would see. Sorry for the long post I am just so angry and feel so let down. I don't get out much and when I do I need someone with me and now due to my money being cut I won't get out anywhere now or be able to afford a treat. Thank you for reading this I really just need help and good advice in putting up a strong argument.

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6 years 1 month ago #209113 by Gordon
Replied by Gordon on topic Help and advice please. Pip appeal
Markov

It's unfortunate but many assessors and most Decision Makers have a poor understanding of mental health issues and tend to depreciate the problems that the claimant has with completing the relevant activities.

If you are considering challenging the Decision then you should consider whether you are prepared to go onto appeal as there is a strong possibility that you will need to do this.

We do see members overturning Decision at MR although I can't say whether this is for mental health issues, see the following

www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100177

One thing I would suggest you do is to re-visit your answers on your PIP2, from the DM's comments you have not convinced them that you cannot do the PIP activities, try and be objective, is it possible that you have not explained your problems in sufficient detail or that you have not actually addressed the criteria? Typically for mental health issues you would be looking at needing prompting or supervision although these are not the only reasons.

You mention some of the accidents that you have has, did any of these result in your needing treatment at your doctors or even A&E?

Gordon

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

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6 years 4 weeks ago #209277 by Markov
Replied by Markov on topic Help and advice please. Pip appeal
To be honest Gordon I don't feel I want to appeal. I think I'd rather just reapply and do the pip assessment again. Do you know if I can just reapply as a fresh claim. Thank you

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6 years 4 weeks ago #209299 by Gordon
Replied by Gordon on topic Help and advice please. Pip appeal

Markov wrote: To be honest Gordon I don't feel I want to appeal. I think I'd rather just reapply and do the pip assessment again. Do you know if I can just reapply as a fresh claim. Thank you


You can re-apply tomorrow if you want there is no waiting time, just phone up as you did before.

However, you do need to consider the issues raised by your original claim and how you address them or you risk the same happening again.

Gordon

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

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