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5 years 3 months ago #225452 by CATHYCOMEHOME
ZERO was created by CATHYCOMEHOME
Hello,
I am my Son's appointee whom suffers from an severe enduring mental illness Shizophrenia. I received his PIP decision. From being on DLA middle rate & low rate mobility - the natural change to PIP from DLA is now zero.

'MY DECISION' section there are a lot of untruths. Such as "gave appropriate eye contact" I was there & he did not give eye contact for the majority of the assessment. The decision maker wrote "I have decided you can plan and follow a route of journey unaided" My son informed clearly at the face to face he 'cannot' - On very rare occasions he has had to go on a route he knows on his own, to have his monthly bloods taken - when this happens he has been nauseous & actually held his vomit in on the bus just prior to the destination & vomited as he got off - this is not a 'one off'. I feel very guilty when this happens & I cannot take him - I could go on & on.

It was documented "he was able to use your mobile phone" (Full Stop) My son at the assessment told the assessor he did not have a mobile phone?? - has tried in the past but never charged it used it & had difficulty using it - also that he was isolated & did not know anyone (I was there).

The letter effectively states he is on medication for his mental health condition - my son informed that other medication did not work & the one that he is on works to a certain degree (still hears voices & negative symptoms) However - this seemingly indicating to the DWP his condition is stable - my son suffers every day with depression & anxiety agoraphobia etc... It is full of omitted truths.

I have sent a letter off - asking for a written explanation of how has the decision maker has come to this decision - it is a shortened somewhat inaccurate version. My son was mentally suffering at this assessment - how can the assessors decide how he is feeling? My son felt very anxious on the morning of the assessment & felt sick. Just recently I took him to his Mental Health Psychiatrist for his Mental Health Consultation - he vomited that morning. I informed at times he cannot get over the threshold of the front door - this was highlighted at the face to face.

Please offer advice - the PIP payment helped with costs such as replacing damp mattresses quite regularly due to his urine dribbling despite the cost of waterproof coverings that eventually seep through to the mattress. I have mentioned all this / everything in his application & nothing was mentioned about this dribbling & that he could not always hold his pee - it comes on quickly. I have found wet through soaking pants in the wash bin - this was not mentioned, along with a lot of other issues - totally overlooked / dismissed.

My son can not manage to live independently without family support. My son has a diagnosis genuine illness - that impacts on his activities of daily living every day.

How is this justified? My son is also in the support group of ESA. I cannot understand that the PIP is to help with his costs extra due to his condition? Please help.

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5 years 3 months ago #225454 by sue2007rec
Replied by sue2007rec on topic sADLY YOUR ZERO
Sadly the result of your claim isn't unusual for people with claimants with mental health issues transfer over from DLA to PIP

You have asked for the HP report which is good. The letter you mentioned, I'm assuming is the request for mandatory reconsideration, remember you have a month to get this in, and if decision remains the same, the next stage is appealing.

In regards advice
-I'm assuming you followed the PIP guide and provided detailed information using the rules that one must apply to each Activity/descriptor- able to undertake the activity more than 50% of the time, need supervision, prompting etc
- Its not unusual for such errors in HP reports but most important is to focus on the criteria of specific Activities/descriptors [applying the rules] that you feel your son met in the claim form and supporting evidence and in which the HP ignored, or misinterpreted

The statements like eye contact although useful in regards how the HP perceived your son its more useful for your arguments to focus on the statements of the activities that can award points


The Benefit and Work guide

The Best possible Support for clients with PIP Mandatory and Appeals Reconsideration

This will take you through this next stage in detail

When you identify the Activity/descriptors that you feel he should have been awarded points, ask if your GP, or MH Care coordinator can write another letter providing more details on those Activities

A MR stands a better chance of succeeding with relevant new evidence

in regards Activity 11

Q13 Planning and following journeys
This activity covers mental distress caused by making a journey. It looks at things such as:
• your ability to plan a journey in advance,
• your ability to leave home and start that journey,
• your ability to follow the planned route once you have left your home.
This activity is designed for limitations on mobility deriving from mental health, ,cognitive and sensory impairments, whereas activity 12 is generally designed for limitations from physical problems. Cognitive impairment includes orientation (understanding of where, when and who the person is), attention, concentration and memory..

Take another look at Activity 11 in the PIP guide and ensure you understand these different elements and which descriptors your son satisfy the criteria

Also remember if you are providing much of his care. and it sounds as if you are, always approach the Activities, as if he wasn't receiving any support or care at all, how would he respond, cope etc

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5 years 3 months ago #225458 by CATHYCOMEHOME
Replied by CATHYCOMEHOME on topic sADLY YOUR ZERO
Thank you for taking the time for your detailed response. I have sent a letter stating I do not agree the decision & I have requested a written explanation as to how the decision maker has come to this come to this decision, opposed to the shortened version I have received.

I have also requested the report that the decision maker received from the Personal Independence face to face assessor - I have informed once I have received this, I informed I will be better placed to put this case forward for Mandatory Reconsideration - is this correct?

I received this decision letter 8 days after the date on the letter - There is just over a week lost there. My sons Mental Health has not been considered at all - My son has gone from Middle Rate DLA & Low Rate Mobility DLA to absolutely nothing under this new system of PIP.

I asked my sons GP practice for an appointment for a letter of support & I was informed I am not allowed to make an appointment regarding DWP when they asked the reason for an appointment - I could not get passed the receptionists I was put through to the practice Manager & still I could not get an appointment - they did stopped me there.

When my son first was awarded DLA 21 years ago - I went to appeal - I was informed on occasions there are Miscarriages of Justice & my son's case was one of them - hence he was awarded DLA. I applied for the same benefit after & was successful for him. Now under the new system of DLA to PIP it is Zero.

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5 years 3 months ago #225480 by Amber
Replied by Amber on topic ZERO
I've no advise but I can sympathise. I had my DLA to PIP review end of last year and from MIddle Rate care although much worse with care and mobility I have been awarded zero points too. I did my MR and the response remains at zero points. The decision has not addressed anything I raised and is very generic and vague. There are lies in my report about how I got out of a chair as one example of many. Talked of me walking around a supermarket when I said EVERYTHING is delivered at home because I cannot manage to get there and get home and carry the groceries etc etc. I cried throughout the assessment yet they say I did not look tired or show any anxiety! I am not a pretty crier so I would have looked horrendous! I could go on but ready what you have put you can pick up a 'theme' in the ambiguity of what they are saying and I feel the zero points is to knock you down so its a fight to get up from that level. Onwards with my appeal and for you to my the sounds of it.
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5 years 3 months ago #225487 by Peter
Replied by Peter on topic sADLY YOUR ZERO
I had a similar report from the HP/.....maintained eye contact didnt seem nervous etc. I too suffer from mental health problems, probably not as severe as your son. I have bi polar and social phobia.

In my MR I pointed out that people with mental health issues are not 'stage lunatics' witjh swivelling eyes etc', and our anxiety and depression are not always visable or obvious to another party. I had a full psychaitric report which detailed my illnesses and the effects had one me & my psychiatrist confirmed that the HP ( who was an ambulance paramedic) was not qualified to comment on mental illness. AT MR I as awarded standard on both elements and am currently making an appeal as I was 1 point away from 12 for daily living. I am OK with my mobility element. Good luck to your son
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5 years 3 months ago #225490 by steve
Replied by steve on topic ZERO
I have ptsd and bi polar and suffer schizzoaffective auditory hallucinations, and they said I made good eye contact, it was rubbish I spend most of time staring at the floor, I also need support with driving, the system is totally wrong and unprofessional. I was awarded indefinate awards in 2016, nothing has changed now they have lowered my mobility rate. I understand what you mean.
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