- Posts: 9265
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP discrimination regarding PIP and Medical Evidence
× Members
PIP discrimination regarding PIP and Medical Evidence
- latetrain
- Offline
Less More
1 week 10 minutes ago #310524 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic PIP discrimination regarding PIP and Medical Evidence
Hi CarolsB
Thank you for your post and how you have set out your argument.
🤞 hope everything goes well for you.
Gary
Thank you for your post and how you have set out your argument.
🤞 hope everything goes well for you.
Gary
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.
- DazedandConfused
- Offline
Less More
- Posts: 19
5 days 50 minutes ago #310575 by DazedandConfused
Replied by DazedandConfused on topic PIP discrimination regarding PIP and Medical Evidence
Hi Carol I am experiencing something similar as in they continue to cite the same thing at me as the reason for refusal "lack of specialist input". I have M.E. Fibromyalgia ADHD and Autism (awaiting confirmation on the Autism, but I believe this is just an exercise I have to go through to have something in black and white).
My issue is that with my ADHD/Autism and the fatigure/brainfog combined I am literally not able to access specialsts. I am unable to plan appointments, follow through with appointments due to my executive functioning processing issues and disorganisation, inability to fill in forms, complete multi-step tasks and so forth - basically I just dont Compute and get the blue screen of death if I try and I do try.. combined with the inability to communicate due to shut downs, melt downs and slow processing speed which means I am unable to respond in the moment and - you get the idea.
On top of that, planning journeys is another momentus task and it takes me 3 or 4 times longer than a non-disabled person to do such a task and I am unable to drive (due to undiagnosed dyspraxia my GP thinks) I cannot go to unfamiliar places alone which limits my ability to travel and it takes me around a week to plan one journey with multiple checks, and the need to stick to certain routes.
combine the two issues above and its literally almost impossible for me to make an appointment, follow through and plan the journey to get to that appointment. So, whilst I may be able to do that after a huge effort with the inability to do anything else - it leaves me with a bit of a problem... access to anything.
cue my assessment: The HP focused almost entirely on my lack of specialist input and about 90% of the questions I was asked focused on this in particular.
I have begun an MR and this is how I am handling it - I will share a few excerpts of what I am sending or have already sent. I would please ask that anyone using these do not directly copy and paste them and I cannot take any responsibility if you choose to use anything like this. This is simply what I have done and am doing. Use at your own risk.
1) The assessment focused on my lack of recent specialist input. However, this is a direct result of my primary functional impairment: my profound difficulty with executive functions related to planning, organisation, and task initiation. This functional barrier prevented me from organizing and attending the necessary appointments to gather that specific evidence.
2) The assessor’s use of my inability to organize specialist input as evidence against my needs is circular reasoning and exemplifies the very systemic failures that have created these barriers in the first place.
3) I have consistently experienced barriers in communication, understanding, and participation due to my ADHD, autism, and physical conditions. Rather than making reasonable adjustments, the process has often penalised me for the effects of my disabilities — for example, difficulties with communication, executive function, and accessing appropriate support.
4) The PA4 report and decision appears to penalise me for the barriers created by my disabilities, rather than recognising the support I need.
I have liberally scattered points from the Equality act and their own Equality guidelines throughout and I have reiterated and repeated these points more than once to get my point across, if they will not accept what I am saying the first time, then I will continue to press harder and harder on this particular point.
It is inhumane to weaponize the functional impact of a persons disabilities against them and I have used those actual words! I am not allowing them to get away with this. I am not angry I am just Done with the excuses and the abelism and them disregarding the law.
My issue is that with my ADHD/Autism and the fatigure/brainfog combined I am literally not able to access specialsts. I am unable to plan appointments, follow through with appointments due to my executive functioning processing issues and disorganisation, inability to fill in forms, complete multi-step tasks and so forth - basically I just dont Compute and get the blue screen of death if I try and I do try.. combined with the inability to communicate due to shut downs, melt downs and slow processing speed which means I am unable to respond in the moment and - you get the idea.
On top of that, planning journeys is another momentus task and it takes me 3 or 4 times longer than a non-disabled person to do such a task and I am unable to drive (due to undiagnosed dyspraxia my GP thinks) I cannot go to unfamiliar places alone which limits my ability to travel and it takes me around a week to plan one journey with multiple checks, and the need to stick to certain routes.
combine the two issues above and its literally almost impossible for me to make an appointment, follow through and plan the journey to get to that appointment. So, whilst I may be able to do that after a huge effort with the inability to do anything else - it leaves me with a bit of a problem... access to anything.
cue my assessment: The HP focused almost entirely on my lack of specialist input and about 90% of the questions I was asked focused on this in particular.
I have begun an MR and this is how I am handling it - I will share a few excerpts of what I am sending or have already sent. I would please ask that anyone using these do not directly copy and paste them and I cannot take any responsibility if you choose to use anything like this. This is simply what I have done and am doing. Use at your own risk.
1) The assessment focused on my lack of recent specialist input. However, this is a direct result of my primary functional impairment: my profound difficulty with executive functions related to planning, organisation, and task initiation. This functional barrier prevented me from organizing and attending the necessary appointments to gather that specific evidence.
2) The assessor’s use of my inability to organize specialist input as evidence against my needs is circular reasoning and exemplifies the very systemic failures that have created these barriers in the first place.
3) I have consistently experienced barriers in communication, understanding, and participation due to my ADHD, autism, and physical conditions. Rather than making reasonable adjustments, the process has often penalised me for the effects of my disabilities — for example, difficulties with communication, executive function, and accessing appropriate support.
4) The PA4 report and decision appears to penalise me for the barriers created by my disabilities, rather than recognising the support I need.
I have liberally scattered points from the Equality act and their own Equality guidelines throughout and I have reiterated and repeated these points more than once to get my point across, if they will not accept what I am saying the first time, then I will continue to press harder and harder on this particular point.
It is inhumane to weaponize the functional impact of a persons disabilities against them and I have used those actual words! I am not allowing them to get away with this. I am not angry I am just Done with the excuses and the abelism and them disregarding the law.
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- LL26
- Away
Less More
- Posts: 1579
3 days 3 hours ago - 3 days 3 hours ago #310619 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP discrimination regarding PIP and Medical Evidence
Hi DazedandConfused,
Your opening for your letter is a very good start, continue with treatments/meds etc you've tried it can't try and explain why. You can also give an overview of where your disability has been a real problem, not necessarily descriptor related but it could be.
You could include eg aggressive behaviour leading to criminal convictions, a time where you had a breakdown or something major happened concerning your disability.
With several members posting about the desire to complain, I have taken this opportunity to provide some general words of caution for all members. I think it is important not to get sidetracked.
Having a poor experience with an assessor is a very soul destroying event and it is very easy to get swept up in complaints about the manner or either assessor or assessment or indeed both. However justified the complaint, however poor the assessment will not change a DWP decision unless there is underlying evidence of being able to score sufficient points to allow an award.
What I suggest is to focus on providing evidence to score points but then make any complaint as a separate thing. You only need to discredit the assessment report in a general way during the MR process.
I wish you success with the MR.
I also look forward to an update.
Good luck.
LL26
Your opening for your letter is a very good start, continue with treatments/meds etc you've tried it can't try and explain why. You can also give an overview of where your disability has been a real problem, not necessarily descriptor related but it could be.
You could include eg aggressive behaviour leading to criminal convictions, a time where you had a breakdown or something major happened concerning your disability.
With several members posting about the desire to complain, I have taken this opportunity to provide some general words of caution for all members. I think it is important not to get sidetracked.
Having a poor experience with an assessor is a very soul destroying event and it is very easy to get swept up in complaints about the manner or either assessor or assessment or indeed both. However justified the complaint, however poor the assessment will not change a DWP decision unless there is underlying evidence of being able to score sufficient points to allow an award.
What I suggest is to focus on providing evidence to score points but then make any complaint as a separate thing. You only need to discredit the assessment report in a general way during the MR process.
I wish you success with the MR.
I also look forward to an update.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 days 3 hours ago by LL26.
The following user(s) said Thank You: DazedandConfused
Please Log in or Create an account to join the conversation.
- DazedandConfused
- Offline
Less More
- Posts: 19
2 days 23 hours ago #310627 by DazedandConfused
Replied by DazedandConfused on topic PIP discrimination regarding PIP and Medical Evidence
Hi LL26 Thank you
This is not the opening of my MR it is some references from it and my complaint letter as well, just to give people some idea of what I have said in response to the "lack of specialist input! I don't want to hijack someone elses thread here but I have included evidence to back up what I have said, including statements and letters and evidence I used in a tribunal for DLA in 2003 and past gp records outlining the functional problems I had then as a child through to adulthood even though I was not diagnosed with ADHD/Autism etc. They have recieved my first pack of statements and evidence and I will be posting my next pack tomorrow, the final pack will be done when I recieve my SARs which I have requested from the psychologists I saw over the course of a decade or more and then my most recent supporting letter from my private psychiatrist from last month. I am hitting them hard! with both barrels - I am completely hyper focused on this and have been for 18 months or more and I am and have been pre-empting them as I am now on medication and finally have the capacity for some sort of focus, although its killing me - but the justice sensitivity is overriding everything now and I am not doing this just for me, but for all of us. <3
The following user(s) said Thank You: LL26
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine12345, Chris, David, Keely