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help advise please loss of pip

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5 years 2 months ago #244945 by Shazier
help advise please loss of pip was created by Shazier
Good morning all.
I need some advice please.
My daughter who suffers bipolar disorder has been on ea and pip for several yrs. She also suffers with a couple of phyical conditions.
she has been in the support group for esa and also qualified for the standard rate care component for pip for which she scored 11 points.
she didnt score any points for the going out which in my opinion she should of scored points for, not being able to plan or go to unfamilur places without the help from another person due to it causing her overwhelming distress.
her last pip assessment was in 2016.
She did put in for a mandatory reconsideration at that time for the mobilty but with no success. She decided not to challenge the dwp decision as it would be far too stressful for her.
She has recently had her pip reviewed and was aked to attend a medical with atos.
She has scored 2 points for preparing food which was given because she using a perching stool. (aid) no mention of needing prompting and 2 points for washing and dressing with an aid. 4 points for moving around.
It which was clearly stated on her review form which was filled in by the disabiity beauro that, she receives regular prompting and incouragement from family and friends.
At the interview, the nurse who was doing the interview was told that she receives prompting on a regular base.
There was imput from the friend that took her who clearly,stated that she calls on my daughter dailey. She is a family friend that lives 5 doors down. She reminds her to take her meds, which are in a dosset pack. prompts her to get up out of bed/dress/ wash etc. Her sisters and daughters also play a big role in checking up on her. Making sure her bills are paid on time and up to date and also to check up on her spending as, when she goes on a high she goes mad buying things from the internet which has resulted in her being over £3000 in debt. She orders take aways which has contributed to her being over weight and eating unhealthly. The med she takes has contributed to her weight gain also.
I wont go on any more as there is a list as long as my arm.
At presant she is quite stable but remains in a low mood rather than a high so the cpn has stopped calling, she is stlll however under the pyciatrist who she should see 6month. Her last two appoints were cancelled due to unforeseen circumstances by the hospital which means, she hasnt been seen since last may.

Im at a loss because i dont know if this is going to affect her ESA?

I feel asking for a mandatory is not going to change the dwp mind and
i feel that tribunal is going to be the only course of action. She is not strong enough mentally to attend a hearing.

We have put in a request for her medical assessment report but judging by the dwp explanation for not qualifying for pip just dont add up to what was said at interview or what was written in her renewal form.
Just one Example because i have gone on enough.
It states, she can plan and follow a journey using google maps because she can drive and take her daughter to school. This is lieterally a two min drive down the rd.It doesnt mention that she drops her at the gate. when shes severerly low hes still in her night ware and goes straight home and back to bed. Her sister picks her daughter up from school allot of times while picking her own son up and take her back to her house giving her her tea which takes an awful lot of stres away from my daughter when feeling really unwell.She does drive occasionally when she feel well enough on her own but only to surrounding areas that she is very familur with, she doesnt ever venture futher out on her own never mind use google maps as the dwp states.

Because she has nothing to lose at this stage, would it be better to wait a month and put in a fresh claim in rather than go down the route of even more stress for her?
advise please.
Thank you in advance

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5 years 2 months ago #244956 by BIS
Replied by BIS on topic help advise please loss of pip
Hi Shazier

Am I right, that she has now lost PIP altogether? There is no particular value in you putting in a new claim, if you don't understand why she was not awarded it in the first place. You need to get the report and then you need to argue against that. If you just put in for a new claim, then they will look at the previous one, so you will not gain anything and it is likely to come out with the same result.

You should try first for the mandatory reconsideration and then if you have to go appeal - if your daughter does not want to attend then she can opt for a paper-based hearing.

You need to see exactly what was written on the report. There are many reasons why people are turned down. Yes, inaccuracies from the assessor can play a part, but also sometimes claimants don't make it clear how their difficulties impact on the specific PIP criteria.

Did you have any up to date medical information from the Psychiatrist or the GP? (I know you said she hasn't seen the psychiatrist, but I wondered if there were any letters to back up her claim).

Claimants stuggle to be awarded points for mobility for Overwhelming Psychological Distress - if they then drive. I know you said your daughter does it rarely and it's two minutes from home, but the DWP are often funny about this. You will need to be clear if this is a problem for her on the majority of days - because if it isn't she's unlikely to be awarded points in this area.

If you didn't include before, you should have a signed statement for the friend who calls on your daughter daily and what she does. You should also be clear about the impact if she did not have this support.


You are wondering about her ESA claim. If she gets Disability Premium with her ESA she will lose that if she still does not receive the PIP.

If you decide to go for the MR, once you have the report, come back with any specific questions and we will try and help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #245014 by Shazier
Replied by Shazier on topic help advise please loss of pip
Thank you so much for your reply. In answer to your question re pip. Yes, she has completely lost it. she only scored 4 points in total for care and 4 points for her mobility.
To be honest I'm not sure what evidence was sent in with her form. I couldn't help her at all and advised her to get help from the disability beuro, I struggle with physical and mental health problems myself and really, struggle with my own forms and reviews so was not involved at all.
I have just read what the dwp have said in their decision letter.

We are waiting for her medical assessment report to arrive.

I did suspect that this would affect her esa but wasn't sure.
I have advised her to get back in touch with the disability beuro to help with a MR.
I will come back to you once she has recieved her medical report.
Im not the best person to advise her.
thank again once again

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5 years 2 months ago #245017 by Gary
Replied by Gary on topic help advise please loss of pip
Hi shazier

You asked the question if loosing PIP would affect your daughters ESA, unfortunately we cannot give you a straight answer as we do not have enough information. The answer is that it may affect your daughters ESA, but it would depend on the type of ESA your daughter receives, IR or CB and whether or not your daughter received any extra premiums with her ESA.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Shazier

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5 years 1 month ago #245249 by Shazier
Replied by Shazier on topic help advise please loss of pip
Hi again. thank you again for your advice. my daughter now has her medical assessment report and it really doesn't look good to me, its as though the assessor has copied and pasted her comments throughout the whole report.

i don't know what the abbreviations mean HOC MSO etc. The cpn felt that although her mood is very low she is not having manic episodes like she was and didnt feel that she needed to see her every month but she still needs to see the psychiatrist every 6months and gp in between when needed. She also has very good family and friend support.

The gp has put her on a higher dose of anxiety pills recently but they dont want to change anything eles as the dose she is on is preveting her from having manic episodes as often as what she was, that was up until yesterday, this has sent her back into a maic episode.

Her pip form was based mainly on bipolar and needing prompting and reminding not pain. She was asked about other conditions because they asked for all her health conditions on the form. She does have physical health problems which she copes with regardless of the pain.

she have degenerative disk disease, acute bronchitis,something? of the liver chronic renal impairment, and little other bits not of any importance.
She doesn't make a big issue of her physical health even though she is troubled by them.

.when i had my assesment i was asked to touch my toes, raise my arms, put my hand on my head and much more, my daughter had none of that, i was asked to spell world backwards, asked to do some sums and remember objects, she had none of that either?

The assessor states she made good eye contact and was able to answer all questions appropriately without prompting. Her friends states this is not true, and that she helped my daughter with some of the questions.

like i say, its as though the assessors has copied and pasted throughout. she has concentrated on the fact that she sometimes takes her daughter to school, she doesnt mention the fact that her older daugher also goes along some days, her youngest is autistic and my daughter has to drive her there or she kicks and scream with the teachers. this doesnt show she is motivated like the report says.

discharged from the cpn suggesting stabiltliy.
she is not stable she is of extremly low mood. her manic episodes are stable.
Apologies i have a had a rant to

Dressing and undressing

A restriction needing prompting is not consistent as although she reports antipsychotic and
anti-depressant medication, these have remained unchanged for over 12 months and HOC? notes
discharged from CPN and 6 monthly psychiatric input which would suggest a level of stability. No
evidence of a cognitive impairment and he appeared to have insight. MSE was unremarkable. There is
no care plan. SOH notes that she will take her child to school on the majority of days despite reporting
low mood and motivation on the majority of days which would suggest adequate motivation.
A restriction needing assistance is not consistent as although MSO? was not completed due to pain IO
notes she demonstrated adequate upper body power and grip. SOH? notes she drives a car suggesting
adequate power and movement to utilie aids. Act 4 notes she is able to swing her own legs over the
side of the bath whilst sat down suggesting adequate knee and hip flexion to utilise aids.
A restriction needing aids is consistent with HOC and variability that notes pain every day. She reports
recently increased neuropathic pain relief that is not effective and was unable to complete MSO? due to
pain. SOH notes although she drives this is short journeys due to her right leg. IO notes a stiffened gait
and pain on standing. FH? she has a chair she will sit down on due to pain.
It is reasonable she can complete this activity to an acceptable standard for the majority of days
reliably by utilising appropriate aids safely and in a timely manner

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5 years 1 month ago #245258 by Shazier
Replied by Shazier on topic help advise please loss of pip
Hi again, my daughter is in the support group and gets a premium for this.

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