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PIP and ESA appeal chances/advice
- teganbach
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5 years 4 months ago #221040 by teganbach
Replied by teganbach on topic PIP and ESA appeal chances/advice
I have been reading through the decision made for PIP. I am still awaiting the ESA letter (though I should have it by the time a mod approves this.)
A lot of the decision reads the same as the original though there are some new bits which a little bit of googling points to someone coping and pasting. One thing that has stood out to me that both PIP and the guy I spoke to about ESA is driving.
It goes along the lines of you drive a manual car ergo you have substantial cognitive powers and multitasking ability. Nothing in there that the car is dormant 99.9% of the time at the moment because I don't go out unless its to the doctors or similar. In fact, I was almost late to my UC appointment because one of my neighbours had blocked me in because I "hadn't moved the car in weeks."
It's also used as the justification as to why I can cook despite the fact I outlined I have a fear of heat due to a burn as a child. I'm not sure how I can prove this without a doubt though without reaching out to my estranged parents to write a letter to confirm. My scar clearly isn't enough proof.
I've reached out to the rep at my housing association that helps tenants with all this but the bad news is that while they can help me with the paperwork, they cannot attend the tribunal. I tried calling my local CAB but the lines were busy. I'll try again Monday.
As for UC, I went to the appointment. They did what they needed and said they would see me again towards the end of the month. I left with the feeling of foreboding over that meeting but I'm hoping my GP will have writing his letter confirming I'm not well enough for work of any sort not just my old job by then.
A lot of the decision reads the same as the original though there are some new bits which a little bit of googling points to someone coping and pasting. One thing that has stood out to me that both PIP and the guy I spoke to about ESA is driving.
It goes along the lines of you drive a manual car ergo you have substantial cognitive powers and multitasking ability. Nothing in there that the car is dormant 99.9% of the time at the moment because I don't go out unless its to the doctors or similar. In fact, I was almost late to my UC appointment because one of my neighbours had blocked me in because I "hadn't moved the car in weeks."
It's also used as the justification as to why I can cook despite the fact I outlined I have a fear of heat due to a burn as a child. I'm not sure how I can prove this without a doubt though without reaching out to my estranged parents to write a letter to confirm. My scar clearly isn't enough proof.
I've reached out to the rep at my housing association that helps tenants with all this but the bad news is that while they can help me with the paperwork, they cannot attend the tribunal. I tried calling my local CAB but the lines were busy. I'll try again Monday.
As for UC, I went to the appointment. They did what they needed and said they would see me again towards the end of the month. I left with the feeling of foreboding over that meeting but I'm hoping my GP will have writing his letter confirming I'm not well enough for work of any sort not just my old job by then.
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- Gordon
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5 years 4 months ago #221067 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and ESA appeal chances/advice
applecharlie
There is some merit to the argument about driving but as so often is the case with what assessors and Decision Makers use as justification, it is the act rather than the ability that should be considered and even then it needs context.
So someone who drives daily with undoubtedly has more capability than someone who only drives monthly, assuming that the reason that they only drive so infrequently is due to their conditions and not because there is no requirement for them do so.
So if necessary explain when you drive, circumstances of it and any impact that it has on your limitations.
Gordon
There is some merit to the argument about driving but as so often is the case with what assessors and Decision Makers use as justification, it is the act rather than the ability that should be considered and even then it needs context.
So someone who drives daily with undoubtedly has more capability than someone who only drives monthly, assuming that the reason that they only drive so infrequently is due to their conditions and not because there is no requirement for them do so.
So if necessary explain when you drive, circumstances of it and any impact that it has on your limitations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- teganbach
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5 years 4 months ago #221375 by teganbach
Replied by teganbach on topic PIP and ESA appeal chances/advice
Me again.
Does anyone have an official definition of "specialist mental health input"?
I'm working on my PIP appeal letter at present and wondering why they have put this down when they know I have a counsellor (and they received her records for me) and on the NHS waiting list for further help.
It would help to know if its a complete mistake or if my counsellor doesn't count for some reason.
Does anyone have an official definition of "specialist mental health input"?
I'm working on my PIP appeal letter at present and wondering why they have put this down when they know I have a counsellor (and they received her records for me) and on the NHS waiting list for further help.
It would help to know if its a complete mistake or if my counsellor doesn't count for some reason.
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- Gordon
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5 years 4 months ago - 5 years 4 months ago #221383 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and ESA appeal chances/advice
AC
It would be a medical professional who deals primarily with mental health issues, you don't say what your councillors job title is so I can't comment on whether they meet this criterion or not.
Gordon
It would be a medical professional who deals primarily with mental health issues, you don't say what your councillors job title is so I can't comment on whether they meet this criterion or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 4 months ago by Gordon.
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- teganbach
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5 years 4 months ago #221386 by teganbach
Replied by teganbach on topic PIP and ESA appeal chances/advice
I've had two this year. One counsellor which my employer paid for when I first was diagnosed.
When it was clear I would not be able to return to work, my GP put me in touch with my local Mind office who offered to continue the counselling as a sort of stop-gap while I am on the NHS waitlist.
On all my records, it just says counsellor next to the person's name but a quick google search tells me that both are BACP registered if that helps.
When it was clear I would not be able to return to work, my GP put me in touch with my local Mind office who offered to continue the counselling as a sort of stop-gap while I am on the NHS waitlist.
On all my records, it just says counsellor next to the person's name but a quick google search tells me that both are BACP registered if that helps.
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- Gordon
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5 years 4 months ago #221411 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and ESA appeal chances/advice
applecharlie
You have nothing to lose by challenging the statement but you need to take it a step further and explain why the assessor's opinions are therefore undermined.
Gordon
You have nothing to lose by challenging the statement but you need to take it a step further and explain why the assessor's opinions are therefore undermined.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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