PIP Appeal and problems in obtaining medical evide

Hello Forum
First of all may I compliment the site on the quality of the information available, and due to be updated considering the recent upper tribunal decisions. Unfortunately I did not know about or follow your your PIP guides when completing a DLA to PIP conversion form for my wife who suffers from long term Bi Polar Affective Disorder and associated Anxiety issues. My wife previously received DLA high rate care component and low rate mobility component for an indefinite period. Having received the PIP decision letter in April this year, and an award of standard Daily Living with 9 points and no award for the Mobility component with 4 points (prompting for planning a journey). Research led me to your site and I used your guides to submit a very detailed Mandatory Reconsideration letter (20 pages plus an appendix of supporting letters, Physciatrist reports etc form my wife's medical records). It is approximately 2 years since my wife was under the care of a Physciatrist due to being reasonably stable with regard to mood swings on her medication. We have tried to obtain supporting statements from both GP and consultant and/or CPN only to be informed by all that they will only supply such in response to a request from DWP. I requested on the claim form that further medical evidence was obtained from the professionals who know my wife best and also requested a home visit if a face to face consultation was needed. Atos declined to offer a home visit for the consultation, I have also been informed by DWP that is up to the 'health professional' to decide if further medical evidence is needed and also to obtain it. In the Mandatory Reconsideration submission I again requested that further medical evidence be obtained (as the Health Professional appeared to have a very poor understanding of Mental Health issues). The MR was submitted in May and after 2 chasing telephone calls I was informed on 3 August that the MR decision had been made at the end of June, but for some unknown reason the decision letter had not been issued. On receiving the MR decision letter it is obvious that the decision maker has relied totally on the revised information received from the 'health professional'. The decision was to change the descriptor for dressing giving a further 2 points, but still keeping the award within the standard range on 11 points. The 'health professional' dismissed all the supplementary evidence provided with regard to the Daily Living descriptors as historical and so not relevant to the current claim. The problem is that it is only that same 'health professional' that can obtain current evidence/opinion from the GP practice and Complex Mental Health team. I am concerned that most of your appeal submission suggestions refer to supporting evidence from GP's/Specialists but I am unable to obtain these despite several requests and including offers of a token payment for the time taken to produce the report/statement. On the mobility side the 'health professional' stated that my wife could walk for 2-3 minutes which at an average walking speed of 80km/h is 240 metres and also stated that my wife had walked from a supermarket car park to the assessment centre which was more that 200 metres away. In the MR submission I supplied evidence from Google Maps that the distance was in fact only 76 metres, additionally the 'health professional' did not make any enquiries as to how long the walk took, or if my wife suffered pain etc on the walk, just made the usual comment that she was seen to walk the 20 metres into the assessment room, although this was 40 minutes later. The 'health professional' made no reference at all to it in the reviewed assessment and the DM simply quoted the able to walk for 2=3 minutes, 240 metres argument. My concern is that an appeal may be severely affected by the fact that I am unable to obtain current statement/reports from the people involved in my wife's care and may rely on the 'health professional's' opinion again. Having to attend a face to face consultation in an assessment centre and the anxiety created caused my wife to suffer a manic episode, which resulted in many problems, but which my son and I were able to get back under control (it is surprising how you learn what to say and what not to say to someone with severe MH problems when you have been living with them for a long time) I have serious concerns about how having to attend an oral tribunal hearing will affect my wife's anxiety levels and subsequent mental health state. I have been advised by a welfare rights worker to request a domiciliary hearing, the appeals guidance from the appeals service states that such requests should be accompanied by a supporting letter from a doctor stating that the appellant is housebound, this appears to apply more to physical disabilities and not the effect that attending a tribunal would have on a mental health state. Any advice on the issue with not being able to obtain supporting current evidence from GP/Consultant or the attending the appeal problem. Sorry for the very long post, there are even more issues that I have not discussed concerning behaviour by the DWP but which are currently being investigated by the complaints team. Incidentally I work for DWP, not in the PIP or ESA departments I hasten to add. Thank you for any help and advice.
Brian

Hi Gordon,

I requested the statements/reports from the GP/Consultant/CPN when the DWP had already made a decision and for use in the Mandatory Reconsideration, so I do not hold out much hope for them changing their mind and supplying for use in an appeal but I will try. I obtained a full hard copy of my wife's medical records at a cost of £50 and used consultant and CPN reports from the medical records as additional evidence in the Mandatory Reconsideration. It was these that the 'health professional' from ATOS dismissed as historical, even though my wife's diagnosis goes back to 1989 (an original diagnosis of Post Natal Depression which was amended when she was later diagnosed with Bi Polar). I am unsure whether to use detailed accounts in the grounds for appeal section, or keep them simpler as they has already been covered in detail in the MR submission, which I assume the tribunal will read. With regard to the mobility activities, does judge Ward's decision UK 313 2015 dated 17/12/2015 where Judge Ward in the upper tribunal favours the decision made by Judge Jacobs over that made by Judge Agnew mean that it is not worth arguing for descriptor 11f and instead just try to prove justification for 11e, even though this means that without further points from the walking descriptor it would be impossible for someone with mental health problems to obtain an enhanced award for mobility even if they are unable to go out alone?. Thank you for your other comments and advice. As a side note on the MR notice it states that my wife will still be entitled the the enhanced rate for the mobility component from 18/05/16 for an indefinite period, she however only scored 4 points. I think somebody has been cutting and pasting, it makes the mind boggle. Thanks

You could request a MH Care Plan from MH team of GP. They should do these anyway as part of the recovery programme for severe MH conditions. GP may also be able to do one.