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Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261770

The person I am advocating for has had his descriptors changed on all bar one of the categories following a PIP telephone assessment.
The PA4 shows the following as reasons not to award for mental ill health
He has anxiety and severe depression, can't reliably take medication, doesn't experience a therapeutic benefit, attended a specialist college and received SEN support from qualified mental health mentors 18 years ago.
I would like some advice on how to break this down and counter the argument using case law if possible please. any advice would be welcome.
"Whilst HOC reports mental health conditions, he has no specialist input, he uses a low dose antidepressant medication, HOC reports he does not have issues with drugs as at the time of his previous PA4 11/12/17 suggesting his mental health is controlled. although he report burning food and whilst dyscalculia is diagnosed, SO reports he studied catering Cours at college, MSE reports no evidence of cognitive impairment, discounting the need for supervision or reminding. Based on the balance of probability, he can prepare and cook a simple meal unaided"

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Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261786

Hello Zadie,

The majority of the PIP claims I help people with in my offline life are linked to Mental Health and it is amazing the lack of understanding that the HCP’s have this of this common condition. Unfortunately I can’t bring to mind any useful case law, although do have a look at PIPinfo.net and something may jump out at you.

I generally take reports like that step by step, sometimes writing a veritable tone in my MR submissions. Take each point and say either why it is wrong or the extrapolation which has been made is either incorrect, unreasonable or illogical. For example ‘the PA4 correctly states that C studied a catering course at college. However, what is not recorded are the facts that the college was a specialised college for people with additional educational needs. C was not allowed to work in the kitchen without close supervision at all times, including support from his mental health mentors. No calculations were involved, and his measurements and timings were always monitored by a supervisor. Although the course helped C to gain confidence in working in a kitchen it did not lead to any recognised catering qualification and it did not give C ability to work safely in a kitchen’.

Sometimes plain old common sense can be as good as case law!

Picking up on his dyscalculia I would expect him to score points in the budgeting activity. You might find [2021] UKUT 0001 (AAC) of help with that one.

I wish you success
Catherine
The following user(s) said Thank You: Sarah, ccc

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Catherine.

Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261796

Would the dyscalculia also potentially score points in the cooking section for such issues as measuring out and weighing ingredients, following the correct procedure of a recipe, and the timing of cooking.

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Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261800

Just read this one.

'Based on the balance of probability he can......'

Now I've heard it all. That is a classic get-out clause that can be applied to any condition, be it mental or physical health - it just isn't right!

Does this Health spcialist watch Star Trek? It sounds like something that came straight out of Mr Spock's mouth.

Honestly!

Regards,

Phrank.
The following user(s) said Thank You: denby

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Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261803

Hi zadie

Yes I come across that saying quite often ' Based on the balance of probabilities' it must be part of their training pack. As Catherine has stated take the comment step by step to show how it is incorrect.

Gary

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

Based on the Balance of Probability, he can...... 1 month 4 weeks ago #261826

Hi All, I believe it is a stock legal phrase and is being used to try to borrow credibility for the fiction that follows. Just my assessment!
Denby
The following user(s) said Thank You: Angel

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