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How do I describe my situation
- dulededulede
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4 years 3 weeks ago #258289 by dulededulede
How do I describe my situation was created by dulededulede
Hi
Due to a mental issue I have which leads to mood swings and has in the past caused violence, we have adapted our lives so that my wife is my constant carer. It is difficult to describe when answering the PIP tasks that the relative functionality comes from my wife's constant supervision and support and not because my illness has subsided. This illness is personal and not something I wish to describe on here. But I underwent numerous psychiatric interventions, medications and courses of therapy. None of which worked. My wife being with me has been described by my GP as the only therapy that has had any impact. But how do you frame answers to questions in such a way as the real problems are apparent and not the relative calm. It could be described in a similar way to the way a hostile crowd is controlled by police but once the police leave the crowd will run amok. I need to get the point across that the PIP tests are meant to be assessed based on the underlying illness. Judge Paula Grey in a case stated that descrbed how a claimant had a preference for quiet places as she couldn't communicate or feel safe in a noisy environment criticised the DWP and the First Tier Tribunal for not looking at things correctly, saying;
however the assessment must be within the proper context. The PIP descriptors measure the level of disablement, and it is important that the extent of a person’s disability is captured in the context of normal daily life and not a sheltered version of it that the disabled person has imposed upon themselves to make their life easier. The statement of reasons reads as if the appellant could and should avoid certain consequences of her disability, for example the difficulties communicating with people in a noisy public space, by choosing a quiet environment, and it assessed her on that basis. This is the wrong approach. To assess the true effect of the disability in performing an activity, steps routinely taken to make that activity possible or easier must be filtered out; if that does not happen the descriptors that deal with the type of help needed are not being compared with the baseline criteria of a person without a relevant disability'.
This is exactly what we have done by building a sheltered life to prevent repercussions of violence. Nobody in my care environment, my GP or psychiatrists believe I am cured but simply that change in our lifestyle has been able to keep things under control. But my wife has had to give up work and give me 24/7 care to achieve this. The DWP in the past have simply seen the current way of life as my normal condition and not one which is very much created by my wife's care. As stated above by Judge Grey, I need to find a way of expressing their need to look at the underlying illness and it's problems; not the relative calm. Ultimately, I could be calmed by being kept sedated and there would be no potential for violence. But this would most easily be seen for what it was, a medical intervention. How do I express the problems I have are being suppressed by the type of care my wife has had to learn to give me?
Thank you for your time.
Due to a mental issue I have which leads to mood swings and has in the past caused violence, we have adapted our lives so that my wife is my constant carer. It is difficult to describe when answering the PIP tasks that the relative functionality comes from my wife's constant supervision and support and not because my illness has subsided. This illness is personal and not something I wish to describe on here. But I underwent numerous psychiatric interventions, medications and courses of therapy. None of which worked. My wife being with me has been described by my GP as the only therapy that has had any impact. But how do you frame answers to questions in such a way as the real problems are apparent and not the relative calm. It could be described in a similar way to the way a hostile crowd is controlled by police but once the police leave the crowd will run amok. I need to get the point across that the PIP tests are meant to be assessed based on the underlying illness. Judge Paula Grey in a case stated that descrbed how a claimant had a preference for quiet places as she couldn't communicate or feel safe in a noisy environment criticised the DWP and the First Tier Tribunal for not looking at things correctly, saying;
however the assessment must be within the proper context. The PIP descriptors measure the level of disablement, and it is important that the extent of a person’s disability is captured in the context of normal daily life and not a sheltered version of it that the disabled person has imposed upon themselves to make their life easier. The statement of reasons reads as if the appellant could and should avoid certain consequences of her disability, for example the difficulties communicating with people in a noisy public space, by choosing a quiet environment, and it assessed her on that basis. This is the wrong approach. To assess the true effect of the disability in performing an activity, steps routinely taken to make that activity possible or easier must be filtered out; if that does not happen the descriptors that deal with the type of help needed are not being compared with the baseline criteria of a person without a relevant disability'.
This is exactly what we have done by building a sheltered life to prevent repercussions of violence. Nobody in my care environment, my GP or psychiatrists believe I am cured but simply that change in our lifestyle has been able to keep things under control. But my wife has had to give up work and give me 24/7 care to achieve this. The DWP in the past have simply seen the current way of life as my normal condition and not one which is very much created by my wife's care. As stated above by Judge Grey, I need to find a way of expressing their need to look at the underlying illness and it's problems; not the relative calm. Ultimately, I could be calmed by being kept sedated and there would be no potential for violence. But this would most easily be seen for what it was, a medical intervention. How do I express the problems I have are being suppressed by the type of care my wife has had to learn to give me?
Thank you for your time.
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- Catherine
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4 years 3 weeks ago #258290 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic How do I describe my situation
Hello dulededulede,
Your post describes your condition very well, and is very helpful. You actually describe a problem which many people face, to a great or lesser extend when trying to complete a PIP form. The reality is that people find a way to continue to function, and the modifications they make become an essential part, and sometimes invisible part, of their lives.
With your wife’s help, you need to think back to the bad old days when she was not creating a world in which you could live without serious problems. Work together to think about what it is that she does for you in relationship to each activity.
For example, if in those bad days would you have been able to prepare a meal for yourself? If not, you need to say why not. Was your motivation to start and finish the task too low, which means that you need encouragement to do so. Was it safe for you to be alone in the kitchen? If not, then that means you need supervision to keep you safe.
A key feature of the PIP legislation is reliability – you need to think if you were outside of the supportive environment which your wife has created for you would you be able to reliably complete the activities. There are four components to reliability, and you need to be able to do all four to be said to be able to satisfactorily complete the task.
Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
To a necessary and appropriate standard – given the nature of the activity.
Repeatedly – as often as is reasonably required.
In a timely manner – in a reasonable time period.
You have obviously done your research, and I hope this has included reading our guides PIP resources .
I have lost count of how many PIP2 forms I have helped people fill in, but I still frequently refer to the guides because they keep my thinking fresh and act as a trigger for thinking about ways in which people’s condition impacts of their daily lives and mobility.
I would also suggest that you ask your wife to write a supporting letter explaining that she has had to give up work to care for you 24/7 and explaining what she does for you.
I hope this helps, and please do come back to us if you have any more questions,
Catherine
Your post describes your condition very well, and is very helpful. You actually describe a problem which many people face, to a great or lesser extend when trying to complete a PIP form. The reality is that people find a way to continue to function, and the modifications they make become an essential part, and sometimes invisible part, of their lives.
With your wife’s help, you need to think back to the bad old days when she was not creating a world in which you could live without serious problems. Work together to think about what it is that she does for you in relationship to each activity.
For example, if in those bad days would you have been able to prepare a meal for yourself? If not, you need to say why not. Was your motivation to start and finish the task too low, which means that you need encouragement to do so. Was it safe for you to be alone in the kitchen? If not, then that means you need supervision to keep you safe.
A key feature of the PIP legislation is reliability – you need to think if you were outside of the supportive environment which your wife has created for you would you be able to reliably complete the activities. There are four components to reliability, and you need to be able to do all four to be said to be able to satisfactorily complete the task.
Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
To a necessary and appropriate standard – given the nature of the activity.
Repeatedly – as often as is reasonably required.
In a timely manner – in a reasonable time period.
You have obviously done your research, and I hope this has included reading our guides PIP resources .
I have lost count of how many PIP2 forms I have helped people fill in, but I still frequently refer to the guides because they keep my thinking fresh and act as a trigger for thinking about ways in which people’s condition impacts of their daily lives and mobility.
I would also suggest that you ask your wife to write a supporting letter explaining that she has had to give up work to care for you 24/7 and explaining what she does for you.
I hope this helps, and please do come back to us if you have any more questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dulededulede
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4 years 3 weeks ago #258292 by dulededulede
Replied by dulededulede on topic How do I describe my situation
Hi Catherine
Thank you for that. If nothing else it suggests that a person given responsibility to discharge decisions on a claimants life support....which in effect money is. Then they should be able to understand what I've put to the forum today. It's not rocket science. Yet I scored zero points when initially moved from middle rate care and lower mobility DLA. At appeal.....6 months later I got enhanced daily care PIP with no mobility. I'm sure has the LEAP ruling been in place I'd have had low mobility. Now I'm too concerned about the PIP award review PIP.1043 to risk upsetting them.
The DWP like to believe the disabled can metaphorically build themselves a home with wood and hammer. The screws and nails are necessary for the physically and mentally sound but the disabled should make do with no screws and nails to hold it all together. And when screws and nails (personal support) are provided they like to discount the problems you had holding things together before you had those screws and nails.
Thanks again for your welcome reply. Take care and stay safe.
Thank you for that. If nothing else it suggests that a person given responsibility to discharge decisions on a claimants life support....which in effect money is. Then they should be able to understand what I've put to the forum today. It's not rocket science. Yet I scored zero points when initially moved from middle rate care and lower mobility DLA. At appeal.....6 months later I got enhanced daily care PIP with no mobility. I'm sure has the LEAP ruling been in place I'd have had low mobility. Now I'm too concerned about the PIP award review PIP.1043 to risk upsetting them.
The DWP like to believe the disabled can metaphorically build themselves a home with wood and hammer. The screws and nails are necessary for the physically and mentally sound but the disabled should make do with no screws and nails to hold it all together. And when screws and nails (personal support) are provided they like to discount the problems you had holding things together before you had those screws and nails.
Thanks again for your welcome reply. Take care and stay safe.
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- Catherine
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4 years 3 weeks ago #258293 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic How do I describe my situation
Hi dulededulede,
I agree with you it is not rocket science, but when you complete your form you will need to not only include what you have put in your post but also the stuff which actually warrants you being awarded points. You need to become almost blinkered in your focus on activities and descriptors. It is important to remember that you are not awarded any points for your condition, just for how your condition impacts on your life.
You don’t say when you are expecting your review, but if you know it is coming up then it might be worth starting to gather evidence, a letter from your GP explaining what you have put in your original post would be really helpful. I remember reading a post from a member on this site saying that they gave their GP a draft of what they would like him to include in the supporting letter. If you have the sort of relationship with your GP which means you can do that it would be a brilliant idea, particularly if it covers why you are no longer receiving psychiatric interventions. If you have a CPN they can also write very useful letters.
As ever, please do come back to us if you have any questions,
Catherine
I agree with you it is not rocket science, but when you complete your form you will need to not only include what you have put in your post but also the stuff which actually warrants you being awarded points. You need to become almost blinkered in your focus on activities and descriptors. It is important to remember that you are not awarded any points for your condition, just for how your condition impacts on your life.
You don’t say when you are expecting your review, but if you know it is coming up then it might be worth starting to gather evidence, a letter from your GP explaining what you have put in your original post would be really helpful. I remember reading a post from a member on this site saying that they gave their GP a draft of what they would like him to include in the supporting letter. If you have the sort of relationship with your GP which means you can do that it would be a brilliant idea, particularly if it covers why you are no longer receiving psychiatric interventions. If you have a CPN they can also write very useful letters.
As ever, please do come back to us if you have any questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- dulededulede
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4 years 3 weeks ago #258295 by dulededulede
Replied by dulededulede on topic How do I describe my situation
Hi Catherine
Yes I do have a good relationship with my GP. I understand the issues relating to the descriptors looking at illness based problems as compared to say choices not to cook. So issues I would have would relate to poor focus and panic attacks increasing risk of danger and mood swings being the setting for increased anger and violence. I had a very bad 18 month period that warranted police, social services and hospital attendance for self harm. During this I had a lot of out patient psychiatric help.
Our change of life style changed my problems but did so over time. But I know my underlying issues are still there. As does my GP.
As I'm from Wales. Just a glimpse into differences. A lot of formerly helped attendees of mental health services won't be under a mental health plan. Reason being Wales adopted a system under what's known as The Measure.
It meant that my chief consultant psychologist brought me in. Advised they could do no more for me as such. All such cases were moved back to primary care - GP. All issues then go direct to GP who can fast track if necessary or go via crisis team. But if things are stable, even solely based on modifications to lifestyle, you stay under care of GP. Emergencies such as sectioning remain the same but anything like mine.....you just keep up to date with GP. If my wife walked out on me the likelihood is I'd be back under emergency arrangements quickly.
But that is why you may see those with mental health problems not talking of mental health care plans or seeing psychiatric services. If they're in Wales they have probably already done that and now just wear the T shirt.
Thank you again so much.....PS I have an unusual easily recognisable name so even on a national forum I won't use it at end of posts.
Take care
Yes I do have a good relationship with my GP. I understand the issues relating to the descriptors looking at illness based problems as compared to say choices not to cook. So issues I would have would relate to poor focus and panic attacks increasing risk of danger and mood swings being the setting for increased anger and violence. I had a very bad 18 month period that warranted police, social services and hospital attendance for self harm. During this I had a lot of out patient psychiatric help.
Our change of life style changed my problems but did so over time. But I know my underlying issues are still there. As does my GP.
As I'm from Wales. Just a glimpse into differences. A lot of formerly helped attendees of mental health services won't be under a mental health plan. Reason being Wales adopted a system under what's known as The Measure.
It meant that my chief consultant psychologist brought me in. Advised they could do no more for me as such. All such cases were moved back to primary care - GP. All issues then go direct to GP who can fast track if necessary or go via crisis team. But if things are stable, even solely based on modifications to lifestyle, you stay under care of GP. Emergencies such as sectioning remain the same but anything like mine.....you just keep up to date with GP. If my wife walked out on me the likelihood is I'd be back under emergency arrangements quickly.
But that is why you may see those with mental health problems not talking of mental health care plans or seeing psychiatric services. If they're in Wales they have probably already done that and now just wear the T shirt.
Thank you again so much.....PS I have an unusual easily recognisable name so even on a national forum I won't use it at end of posts.
Take care
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