PIP refusal because 'low dose meds'/no support

Hello Tasha,

First of all, well done for stepping up and helping this person!

Ideas in a random order…
Ask the person you are supporting to complete a PIP diary, this can be submitted as evidence with your MR request and members report that they have carried weight with the decision maker. PIP resources Scroll down a little way to PIP DIARIES heading.

You could also complete one detailing the support you have provided, and possibly that given by other people too. Remember to include not just what you have done, but what would have happened, or not happened, if you had not given that support. You say that the person is 'one of the people that you care for'. What are their care needs? Do they have a care plan? All these things help in painting the fuller picture.

Point out in no uncertain terms that by making a referral to the local mental health services the GP has indicated that he/she believes there is evidence of a need for specialist support. The fact that due to covid the MHS are not currently seeing new patients is not an indication that support is not needed.

Have you googled the medications the person is on? Does the nhs or nice site agree with the assessor said? Have you asked the person you are supporting about their level of medication – is it controlling their pain / depression? If not, point this out. Is there a reason why they have not been given something stronger? If so, say so. (At the start of this year I prepared a MR for someone who was in terrible pain, but only taking fairly mild painkillers. The reason was their other conditions meant that it was not safe for them to take anything stronger. We won the MR.)

Above all, go through the PA4 form and see what you simply don’t agree with. And then say so clearly in your MR. If the assessor says that on the balance of probability the person can prepare and cook and their own food, and you know for a fact that they cannot, say so, and explain why the assessor is wrong. Keep in mind the descriptors for each activity so you know which points it is important to highlight.

And… read our MR guides! PIP resources . Scroll down to PIP APPEALS.

I hope this helps, and hopefully our members will come back with other tips!
Catherine

Hi Phrank,
DWP and or assessors often refer to the 'balance of probabilities' - this is actually a legal term referring to what is called the standard of proof. In Criminal Courts there is a very high standard which is 'beyond reasonable doubt', however in Civil Courts which includes tribunals and most benefits claims is 'balance of probabilities'. This means 'more likely than not' but is often cited as being simply over 50%.
A new benefit claimant has to show or prove that eg for PIP it is more likely than not he has limited function such that he scores at least 8 points for Dailly Living and or Mobility descriptors.
Phrank, you say that your award letter confirmed that on the balance of probs. X Descriptor applied, which actually is legal speak for accepting your claim/ renewal.
I don't think they use this phrase when they deny points, as it wouldn't make sense.
I hope this helps explain.
LL26

Hi phrank

I enjoy it when you fly off the handle ... it makes an interesting read

Gary