Pip tribunal decsions

Hello ,I am preparing my case for my pip tribunal. my conditions are mainly mental health issues.I have been awarded 0 points based a lot of the time because IM NOT CURRENTLY RECEIVING TREATMENT FROM MENTAL HEALTH TEAM,( in dwp words). I have had input in the past from pychiatrists group therapys,but my condition is now managed by my GP with medication for anxiety/ depression. I am looking for any tribunal decisions that state you don't have to been seeing anyone from mental health team to get points for pip descriptors. I've been looking at some decisions but do need to find more specific ones( hope I've made sense)

Hopefully, this will appropriately supplement Gordon's post - a couple of links to Upper Tribunal decisions that *may* be of assistance are also given at the end of the post.

It is not relevant that you are not receiving treatment from a "Mental Health Team". What matters is whether there is a condition / illness and, in turn, how it affects you in terms of the PIP activities and descriptors.

I would suggest a response along the lines of (adapt for your own circumstances):

"...the DWP's statement that I don't receive help from a "Mental Health Team" doesn't mean I do not have [insert condition(s)] and it is misleading to imply otherwise. It is a fact I have a clinical diagnosis of [insert condition] and am currently receiving input and medication for this from my GP. The absence of a specific source of treatment is irrelevant. What matters is that I have the condition stated and how the condition affects me."

If your treatment by "specialist" providers (NHS or otherwise) has been removed due to funding cuts, rather than any improvement in condition, it may be helpful to say so.

Case law... I'm not sure how helpful these will be and context is absolutely king. If you're familiar with case law, you already know this. If not, tread carefully and make sure you don't inadvertently rely on a party's arguments rather than the UT Judge's reasoning.

RM v SSWP [2011] UKUT 0449 (AAC) [ESA case - file ref: CE/2323/2010]
administrativeappeals.decisions.tribunal...px/view.aspx?id=3405

The following are PIP cases where mental health has been at issue in one context or another:

MB v SSWP [2016] UKUT 0250 (AAC) [file ref: CPIP/1534/2015]
administrativeappeals.decisions.tribunal...px/view.aspx?id=4873

PE v SSWP [2015] UKUT 0309 (AAC) - reported as "[2016] AACR 10".
[File ref: UK/5338/2014]
administrativeappeals.decisions.tribunal...px/view.aspx?id=4553

HB v SSWP [2016] UKUT 0160 (AAC) [file ref: CPIP/2559/2015]
administrativeappeals.decisions.tribunal...px/view.aspx?id=4829

PR v SSWP [2015] UKUT 0584 (AAC) [file ref: CPIP/1984/2015]
administrativeappeals.decisions.tribunal...px/view.aspx?id=4693


There are a couple of others but, hopefully, the above will be enough to go on. Good luck.

Thankyou very much it all looks very helpfull,I'm am hoping to finalise all paperwork this weekend and get it sent off to tribunal,I'll keep you posted !!!

Hello just got my bundle of pip appeal papers,I was getting dla indefinite award and recently got esa support group ,the dwp are still stating I don't have cognitive disorder etc ( I did follow your advice and wrote that what matters is that I have the condition,I feel like the points I raised haven't been answered again so I will bring it to the tribunals attention,they are stating that dla is different criteria etc to pip,i got dla because of anxiety,depression,no motivation etc and my condition hasn't improved,so surely these symptoms also overlap with pip? Do you know any case law about the above or anything that could help me ( sorry if it's a bit of a jumble )