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Mr O'Sullivan's case. - apply to PIP?
- philologus
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8 years 7 months ago #141056 by philologus
Mr O'Sullivan's case. - apply to PIP? was created by philologus
Mr O'Sullivan's case concerned his application for ESA. I wonder if the same rule applies to DLA to PIP applications?
My daugher has been getting DLA for about 16 years, but when she was transferred to PIP she was given zero points. She mentioned in her application (I wrote it for her) that she feels suicidal and she said it at her "medical" too - in fact the person conducting the medical was so worried about her that she told her that she should go straight from the interview to see her doctor.
She has since seen her GP who said that no one from the DWP had contacted her about her claim and that she will now be writing to them to support my daughter's claim.
We are appealing the decision (already been refused after reconsideration) and part of the appeal will be that no one with any expertise in mental health has been involved in this decision. (The person who conducted the "medical" was a retired paramedic.) Should I also include that they have broken their rule about getting further information when an applicant tells them that they feel suicidal?
Regards,
George.
My daugher has been getting DLA for about 16 years, but when she was transferred to PIP she was given zero points. She mentioned in her application (I wrote it for her) that she feels suicidal and she said it at her "medical" too - in fact the person conducting the medical was so worried about her that she told her that she should go straight from the interview to see her doctor.
She has since seen her GP who said that no one from the DWP had contacted her about her claim and that she will now be writing to them to support my daughter's claim.
We are appealing the decision (already been refused after reconsideration) and part of the appeal will be that no one with any expertise in mental health has been involved in this decision. (The person who conducted the "medical" was a retired paramedic.) Should I also include that they have broken their rule about getting further information when an applicant tells them that they feel suicidal?
Regards,
George.
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8 years 7 months ago #141071 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mr O'Sullivan's case. - apply to PIP?
A's Dad
Whilst an important ruling, we should be cautious about it's effects.
First the Coroners verdict has no direct effect on benefits and secondly it was in regard to ESA which has substantial risk Regulations which PIP does not.
As to the paramedic, they will have been trained in disability assessment to a standard set by the DWP so you cannot assume that because they are paramedic that they are not qualified to assess your daughter's mental health issues, you will need to specifically show that their assessment was in error or missed detail that an assessor trained in mental health issues would have been reasonably expected to be aware of and that those errors or omissions were relevant to your daughter not scoring points.
I'm afraid I'm not clear on whether the DWP's procedures re suicide risk cover the PIP process or not, so you might want to cover your self by using phrases like "reasonably expected to" or "duty of care".
Gordon
Whilst an important ruling, we should be cautious about it's effects.
First the Coroners verdict has no direct effect on benefits and secondly it was in regard to ESA which has substantial risk Regulations which PIP does not.
As to the paramedic, they will have been trained in disability assessment to a standard set by the DWP so you cannot assume that because they are paramedic that they are not qualified to assess your daughter's mental health issues, you will need to specifically show that their assessment was in error or missed detail that an assessor trained in mental health issues would have been reasonably expected to be aware of and that those errors or omissions were relevant to your daughter not scoring points.
I'm afraid I'm not clear on whether the DWP's procedures re suicide risk cover the PIP process or not, so you might want to cover your self by using phrases like "reasonably expected to" or "duty of care".
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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