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TOPIC: Mental state at assessment.

Mental state at assessment. 1 week 1 day ago #238623

After a year of continual depression, I think a summer of long daylight hours has topped my serotonin up, and I'm quite clear headed and calm.
I wouldn't say I'm cured, and I'm not able to clear my backlog of chores and tasks, but I'm sure I won't currently present as particularly depressed.
This happens every year, and one of my dreads is that I get a DWP assessment, and this happened last October.
The DWP think a depressive should sound like Eyeore the Donkey, and be scruffy, so my assessor seemingly made a snap decision on my health, and wrote a work of fiction instead of a report, and took points off me at random.
Twelve months later, I'm still waiting for a tribunal, I'm still taking twice my meds to deal with this act of corruption, I think they've given me PTSD, as my temper's terrible, and I've developed hypertension, probably due to the stress.
I don't think I ever present as the DWP's stupid view of a depressed autistic person, anyway, but at times like this it's even less so.
I'm tempted to have my tribunal done on paper, as my presence might not help, as my particular form of autism, means I'm very good at speaking (I'm demand avoidant)

What I'm wondering though, and this could apply to my tribunal, as well as future assessments, is whether I should just say, 'I'm not very depressed today'?

And make sure this is noted, and point out that my illness fluctuates, so it's not unusual that they chose one of my good days, and they cannot deduce that I'm cured just based one day.

However, it seems that the DWP do think that a person's demeanour on one day can prove their demeanour for the next 364 days, and beyond.

So I wonder if anyone else, instead of worrying how they appear to an ill educated nurse, just say 'I'm not depressed today, so there's no point doing your MSE on me. But I can answer any questions you might have about the last XX years'?

Hope that makes sense.

Cheers, Ted.

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Mental state at assessment. 1 week 11 hours ago #238634

Hi Ted Pea

I understand exactly what you're saying, and I cannot tell you what you should say or not say. Most people's illnesses fluctuate in some way, though some considerably more than others, but I think if you actually start of by saying that you are not depressed on that day you will be starting down a slippery slope. They are actually trying to judge the merits of your claim at the time it was put in. However, If you believe the way you present at a tribunal will be held against you then you may very well be better off going for a paper-based decision.

BIS
The following user(s) said Thank You: Ted Pea

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

Mental state at assessment. 1 week 4 hours ago #238675

Thank you.
I don't think that the DWP's on-the-day 'proof' would stand up legally under any other circumstances.
For instance a car's MOT only proves what condition it was on the day, and no more.
It seems odd to have a judge adjudicate on these assessments when they don't seem to follow any legal principals.
I think I'd better not attend the tribunal, and go for a paper one instead. I can't really wait another six months with the stress they've put me under.
I've submitted loads of evidence since the WCA for my PIP assessment, which was successful, so it should be enough for the tribunal.
It should be enough for the DWP, too, especially as I've informed them that they've made me ill.
I think their insistence on me attending a tribunal when they know it's making me ill, will count as discrimination.

Cheers, Ted.

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