PIP - lack of medical evidence

I am supporting a gentleman with complex mental health issues. One of the consequences of these issues is that refuses to engage with the NHS at any level. This means that he is unable to provide any evidence of his conditions. In my opinion his behaviour was clearly abnormal at his assessent and there are examples recorded by the MCP in his history that I would have thought would give rise for concern. However the MCP's decision was that since he does not engage with the medical profession it is safe to assume he has no significant issues - therefore 0 points.

I was wondering if this issue has ever been tested at a higher tribunal or if there is any other official guidance which I could quote in the MR?

Thank you.

Hi Catherine

If the man has complex mental health issues, I am assuming that they have been noted at one time in his life at least. Perhaps the GP has some records. perhaps at one time he has been under the mental health services either in the community or in hospital. These records could be accessed and included as evidence.

I understand about the lack of engagement, and it's easy to argue why that might be, but if there is not even a single line from a GP or consultant confirming some type of diagnosis then it is difficult to get through a claim like that.

I don't know whether there is anyone else who can offer supporting evidence, friend or relative in the form of a statement detailing what you have seen, (bearing in mind the specific PIP criteria).

The next stage is to try and go for a mandatory reconsideration which without any additional evidence he's not going to win. And then onto a tribunal - but if he's not able to engage with services, he's unlikely to go in front of a panel. He could have a paper-based decision, but the panel sometimes say they want to see the person - but either way, you will have to provide some evidence from somewhere.

I couldn't find any specific tribunal, but you could try and google it yourself. I have included a link of a report that was updated in 2017 - which says a large percentage of people don't engage or have access to services. It is this sort of argument that you need to use to contradict the assessor's argument.

webarchive.nationalarchives.gov.uk/20180...k/catalogue/PUB21748

I am not sure from your post if the man has got the decision letter or the medical assessment report - giving more detail. If he hasn't got it - it's necessary to see what you're fighting against.

BIS

BIS - thank you for your reply. I do have the medical assessment report, it is always the first thing I ask for if the outcome does not seem reasonable.

I don't know what the GP holds about him, and he will not approach them for fear of being sectioned. He does however have a brother who lives in the community - I will ask my gentleman if he is willing for him to be approached - thank you for that suggestion.

I will explore the link you gave me, even a small quote might be useful in tipping the balance, and spend a little time on google. Otherwise I intend to simply play on the non-disputed fact that since he does not wash or change his clothes, he does not prepare meals etc regardless of his physical condition, he must at the very least self evidently need prompting to do so. With a fair wind behind him that might, just might, earn him 8 points.

Thank you for your help.
Catherine