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TOPIC: PIP Refusal/Tribunal Success !

PIP Refusal/Tribunal Success ! 1 year 10 months ago #134905

My daughter received her result re PIP and it was 0 points -

She suffers with depression, anxiety and agoraphobic symptoms, I almost want to throw in PTSD but the physiotherapist argued that she was on a moderate dose of anti-depressant and as she was not in the CMHT services her statement in relation to her symptoms were inconsistent. When she could not answer a question because she was distressed he stated she refused. Obviously I am seeking a mandatory reconsideration and I will appeal if that is unsuccessful.

However what my anger is about the physiotherapist view on the medication [which is the highest and the most suited to my daughter] and his belief about the CMHT should be involved and his high expectations of the service!

My son has a mental illness and is in the CMHT because he needs his medication is administered by injection ......... Although he is known to the assertive outreach team if I / my family were not involved he would not engage / attend his clinic or take his medication, at best he becomes a revolving door patient, at worse the risk to himself and others. Like so many services in the NHS they have been subject to austerity. staff have been made redundant and like ATOS they have budgetary constraints and resource implications, in meeting the demands of the service [ATOS will not do home visits] My concern in ATOS making these type of decisions based on not being in the CMHT will drive up referrals spreading the service even thinner and people like my son will be overlooked, if they do not have a family to make sure he attends his appointment.

Using this site I have submitted a request for a mandatory reconsideration and if that fails I will have the confidence to go to appeal be going to appeal. On that note I just want to say how grateful I am that this is available as without the advice I would not know how to challenge it in such a professional manner. J
Last Edit: 1 year 7 months ago by bro58.
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PIP Refusal/Tribunal Succes ! 1 year 7 months ago #139917

Thanks to your site we have been successful at a Tribunal with my daughter. She went from 0 points to standard rate and to be honest it would not have been achievable without the information you post and the answers you give to the people who contribute to the forum.

I would like to say the tribunal was a piece of cake but it was tough, the setting was poor as we had to sit and wait in a magistrates court - that was very busy and hearing all sorts of conversations and threats. The going into a room facing three members and feeling crossed examined and seemingly justifying why you believe you are entitled to it is not easy for anyone ......let alone someone who has a genuine disability and feels a criminal for applying for benefits in the first instance. When they said they would let us know by writing to us we walked away feeling we had been unsuccessful so imagine our surprise when she was awarded so my advice to anyone is never say never. .

Once again thank you
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PIP refusal 1 year 7 months ago #139918

  • bro58
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Hi JP,

I have merged your topics for continuity !

Many congratulations on winning your daughter's PIP Appeal !!! :cheer:

Well done !

Thanks for returning to let us know and for your very kind words regarding B&W which are much appreciated by all !! :)

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 7 months ago by bro58.
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PIP refusal 1 year 7 months ago #139923

No thank you - the guides you give for appeal are excellent and I would recommend people to follow them. The people who contribute through the forum and the clear direction /answers are so helpful but more importantly supportive.

I also wanted to add that she got 10 points for mobility as well which did surprise me given the recent case law.
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PIP refusal 1 year 7 months ago #139948

  • DJ
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Hi JP

I personally find that very worrying if the assessors are trained to ignore mental health disabilities if the claimant isn't under the care of the CMHT. I was discharged from the CMHT after many years as they said my condition was untreatable and they couldn't help me (obviously they were just trying to get rid of people due to budget cuts) but they assured me it wouldn't affect my benefits and that my problems were well documented and they would be happy to tell the DWP about them if necessary.

Of course, I didn't believe any of it because they can't say whether the DWP will consider it relevant if someone has been discharged but they referred me to another service which they said could provide more suitable therapy for me, only for me to find out after being discharged that this other service only offered the same unsuitable treatment, leaving me abandoned, so I'm dreading facing my next assessment without the support of the CMHT.
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PIP refusal 1 year 7 months ago #140008

Hi David

I do understand your anxiety but the fact you were under the CMHT will obviously help as they say they do have very detailed documentation. You might find it helpful to ask for copies of the documentation so you can submit this as well as I am not convinced DWP or the health professionals request the information. You could also ask your GP to re-refer you to the CMHT for a further assessment just before you are due to apply. .

I think what the HCP failed to recognise It is not so much about diagnosis and treatment it is about how your disability affects you in aspects of daily living and only you will understand that fully and the guides on this site will help you communicate that.

Although the HCP in my opinion showed a complete disregard to how her mental illness affected her, that is not to say [we hope] they are all like that and clearly the tribunal did not agree with him, one of the tribunal members was a psychiatrist so that helped a great deal.

Take care J
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