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Refusing medication in pip/esa?

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9 years 1 month ago #129722 by Chlorinated
Refusing medication in pip/esa? was created by Chlorinated
I am told I have persistent delusional disorder(somatic) and my doctor suggested psychotropic medication to me. I refused medication because, contrary to what my doctor said, I felt I had a physical illness rather than psychosis.

In order to show that my condition was serious I listed psychotropic medication(but refusal to take) in my pip application. I listed it to show my condition was serious.

Will this have any bearing in my pip and Esa applications? In the case of ESA, I know it does have a bearing on the special circumstances rule(how would one know if certain medication works if you haven't tried it), however are there other issues in which medication refusal will affect benefits?

I recall at a tribunal few years ago, they interrogated me on this topic but I do not know why.

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9 years 1 month ago #129771 by Gordon
Replied by Gordon on topic Refusing medication in pip/esa?
Amonia

There's no definitive answer to this situation, patients are entitled to refuse treatment if they wish, however, the DWP are entitled in some circumstances to assume that a claimant is receiving those treatments when assessing them for benefits.

You may need to explain why you are not taking prescribed treatment, we've discussed Regulation 29 in other posts and this is a factor to qualifying for the WRAG under this option.

Gordon

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

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8 years 9 months ago #135556 by Chlorinated
Replied by Chlorinated on topic Refusing medication in pip/esa?
hello Gordon.

I had my PIP face to face today and it went ok. However when the assessor realised I don't take medication she started interrogating me about it.

I told her I wasn't convinced that I had a mental health problem but rather believed it was a physical problem hence refused medication. However I said I wasn't closed of to trialling medication on a trial basis in the future.

In your previous reply you said it can have an effect on an ESA claim(regulation 29). However is there anything to say I might get rejected PIP for refusing medication? I don't see any information on this anywhere.

Thanks

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8 years 9 months ago #135586 by Gordon
Replied by Gordon on topic Refusing medication in pip/esa?
Amonia

There is no equivalent to Regulation 29 in PIP, however, there is Case Law for DLA that may be applicable to PIP in regard to prescribed medication and whether the Decision Maker can take into account the effects that such medication would have on a condition, however, your post suggests that it is not just a case of your not taking medication but that none has been prescribed, so this should not be an issue.

Gordon

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

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8 years 9 months ago #135608 by Chlorinated
Replied by Chlorinated on topic Refusing medication in pip/esa?
What do you mean when you say 'prescribed'? I think it means requires a prescription.

My new consultant has told me to start respirodone 0.5g a night (I believe it is prescribed medication i.e. requires a prescription). In my last letter he has listed it as part of the management plan.

However I refused it but said I would probably give it a trial in a few months time if I didn't see an improvement in my condition after trying some other therapies. Nonetheless he wrote it down and told me to start is asap.

Might this be a problem for a pip award?

Thanks

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8 years 9 months ago #135634 by Gordon
Replied by Gordon on topic Refusing medication in pip/esa?
Amonia

Yes and no, by prescribed I mean medication that you have been recommended to take by qualified Health Care Professional such as a doctor or consultant, in the vast majority of cases this may be medication that is only available via a prescription, but could also mean medication that is not subject to a prescription such as over the counter pain killers, etc., when there has been a clear direction by an HCP and especially if it has been recorded in your medial records.

As I said, the issue is raised by DLA Case Law, whether it is applicable to PIP will only be determined by it being raised, it's one of those things you need to have a prepared answer for, but may never need to give it.

Gordon

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

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