Pip Appeal - Recordings?

Hi, I was wondering if anyone can advise me please?

In summary, I suffer from lupus, back pain, liver disease and nerve damage and debilitating anxiety and panic attacks. I wasn't awarded anything at first but got standard rate at mandatory reconsideration (2 years after I first applied, it took that long).

I am appealing in relation to my anxiety which they haven't taken into consideration at all when awarding the points. They said because I don't take anything for it or see a counsellor, then I don't have the anxiety. The fact that I gave myself liver disease by drinking and taking medication in order to live with my anxiety and now can't take anything at all because of the liver disease seems to have gone clear over their heads. I have tried the NHS CBT but it was useless and I gave up. I wanted a doctor Phil who would tell me the 'why'....who would say the question isn't why you have anxiety, it's why wouldn't you have anxiety' but all they wanted to do was listen not provide answers and my anxiety prevents me from talking!!!

Anyway, I digress....I am 18 months sober from all alcohol, pain and anti-anxiety medication. I am seeing things more clearly in relation to the abuse I suffered from my ex-husband that led me down such a dark road. Through watching tiktok videos (of all things!) on narcissistic personality disorder, I realise that this is what he had and why he was able to lie and manipulate me so much and lead me from a high flying TV Producer to supporting my 2 children alone on universal credit (the man even came to visit me in hospital, uninvited as we are divorced and have no contact) with a bottle of vodka. I was never safe from him.

So, getting to my question....I used to hit record on my phone when he would start ranting, raving, shouting, swearing, throwing things, telling me how useless I was - the aim of this at the time was to try and make him change. If I could make him see what a raving lunatic he was when he was calm (he was also an alcoholic and has always drank so much more than me but I was the one that ended up with the liver disease probably due to the other medications I was taking) then he would change. He would never even listen to them though. After all my research, I've gone back through some of my recordings which I'd email to myself in order to email to him and they are harrowing with myself and my children crying whilst he was screaming. Are these recordings admissible as evidence to the tribunal to attest to the fact that I have suffered this abuse, this is what caused my anxiety, this is why I suffer from panic attacks and I'm not making this up. There are only so many times you can say in different ways, I have had 3 panic attacks whilst driving, one of which caused me to crash my car with my children in the back or I cannot engage with people without it a) causing severe harm to myself (I was in hospital for a month in August 2020 with only 30% of my liver working and almost died) and b) without it causing overwhelming psychological distress now because I can't take any medication for it. Will they listen to them? Is it pointless to even try? They are better evidence than me sat in a tribunal unable to vocalize the 'why'....I don't have representation, only my sister who is the one that helps me out on a daily basis due to this and my other conditions anyway. My ex-husband ruined my life, I lost my job, he ran up £30,000 of credit card debt in my name and I had to go bankrupt. He has another loan in my name I didn't know about so didn't include in the bankruptcy for another £30,000 - this is currently under investigation by the Ombudsman but my credit score is on the floor because of it and we've been given notice to leave by our landlord who wants to sell. No one will rent to me because of it. I need proper counselling so I can get better and heal but it's the last thing on the list when you're on universal credit and have so many other obligations and health problems that are more presiding, don't they see this?

Apologies for waffling on. If anybody can offer me any advice into whether a handful of these recordings are admissible as appeal evidence as to how my anxiety and panic attacks started (I've never called it depression but being serious, it is...I just never wanted to label it as such) and if they are worth sending I would be really grateful.

Thanks for listening.

Hi Gary

Thanks but apologies I don't understand your reply! I've already done all that, I got an award at Mandatory Reconsideration for Standard Daily Living. I am appealing this because all the points given were in relation to my physical not mental disabilities but it's my mental state that has ruined my life and left me unable to work and barely leave my house. I already put my appeal in over 2 months ago, have received 'the bundle' and replied to it highlighting previous precedents. The recordings of the abuse that I suffered are evidence of why I am now the way that I am, despite having a good education and successful career in the past. The abuse has directly led to my anxiety and panic attacks so I'm asking whether I should upload some of these recordings in the 'evidence' section of my appeal to show that I'm not making this up - there is a correlation between the abuse suffered and the fact that I'm now a nervous wreck now and can't even face the school run. Apologies if I didn't explain this properly, I just wanted to know whether these recordings of the abuse that caused my mental breakdown are admissible as appeal evidence or not. I feel that they would help my claim but I'm just not sure if it's the 'done thing'. That's all I wanted to ask....Thank you

Hi Teresa, I have no experience to offer only an opinion. I would think that trying something new with the Tribunal is worth a go - because if it is so 'not the done thing' for them they will soon enough tell you. Like us turning up with water bottles, when they provided a jug of water and glasses, though we didn't know till we got in the room. And they were sniffy about my OH sitting in the back row behind us and daughter. But I had checked that technically [very technically] they are public, and we said she wanted her dad there for additional support although he was not allowed to speak. But so much a relief not to have to try and tell him the whole thing because he heard and saw it all. So I'd say go for it, if all of us on here can see your logic hopefully they will too.
Denby

Dear Teresa

I am not convinced that you would be able to use recordings of the abuse that you suffered from ( no matter how horrific) from your partner as evidence of depression and anxiety and I am not sure legally it would be allowed to be used in a court.

Although your recording would show the abuse took place, it does not prove unfortunately that you suffer mental health from it it as a result.

Please do not think I am dismissing what you have been through, as an abuse victim myself, please trust me I am not. I am just trying to advise on how I think the tribunal views things.

Of course you can mention the abuse in your claim, and you can mention that the DWP failed you as you are a vulnerable claimant and you should have had a marker put on your file to identify you please read www.whatdotheyknow.com/request/259586/re...%20guidance.pdf.html

I would then also draw attention to the fact that the DM on your case was wrong to say that because you are not receiving medication or treatment for your mental health then it cannot exist Please see the following assets.publishing.service.gov.uk/governm...sessment-process.pdf

See what it says in regards to this and in particular what it says about mental health and dosage of medication should not be used as an indication to the severity of illness. "When considering mental health medication HPs should remember that not all claimants with a mental health condition will be on medication or receiving therapy.

Page 28
Severity of a mental health condition does not necessarily correspond with the type or dosage of medication that the claimant is receiving. There are a number of reasons why a claimant may be unable or choose not to take mental health medication, for example, but not limited to:

• Poor compliance due to the nature of mental health condition
• Side effects or difficulty tolerating medication
• Lack of efficacy
• Preference for psychological therapy instead of medication
• Complicating factors e.g. excessive alcohol consumption

Therefore absence of medication does not automatically mean that the health condition is not severe. However, HPs should consider the type and context of certain medications, for example use of depot antipsychotic injections in psychotic disorders. HPs should also take into account that some medications are used to treat different conditions, for example some antidepressants are also licenced to treat anxiety. HPs must also consider the use of other treatments such as psychological therapies."

I hope you find this helpful and I am so sorry to see you going through this. Trust me, I do understand, I am going through a Pip review myself and know how difficult this can be and how it can drag up painful trauma