Pip mandatory reconsideration

maiquinn

So I've been rejected for pip and am getting a mandatory reconsideration. But I recently got told I can't be assessed for autism or adhd (which I had mentioned to the dwp) because they think I may have psychosis and need my gp to get me referred for this first. My pip letter how ever says they believe I have no cognitive problems would my letter of the autism specialist recommending I get referred for psychosis be evidence?
They also used the exorcise against me despite one of the excersises being the same one I had to do to prove my hypermobility to the gp

nasturtium

Hello maiquinn

You do not need a diagnosis to get PIP because PIP is based on the problems you have completing the 12 activities safely, repeatedly, in a timely manor and to an acceptable standard (Reliably) https://pipinfo.net/issues/reliably for more than 50% of the time or the majority of days.

If you did not give detailed information on your PIP2 Questionnaire form (How your disability affects you) then now is the time to write a detailed letter explaining why you cannot complete the 12 PIP activities Reliably according to the descriptors. You will need to write a Mandatory Reconsideration letter and I always advise never to telephone to start an MR because as soon as you telephone the clock starts ticking. If you write a letter you have 1 month to send it in or upto 13 months with good reason for it being late. If they refuse your MR then you can go straight to tribunal. I wrote a lengthy reply on another forum post that you might find usefull and it can be found here https://forum.scope.org.uk/discussion/comment/680205/#Comment_680205

The above link also has information where you can find aditional information and advice with your PIP Claim.

The link to advice for filling out the PIP2 Questionnare can be used for you to explain your problems in your MR Letter.

I hope that has been of some help.

Nasturtium

Squeakypips

In my personal experience, and it seem of others too, as I hear from other claimants, the assessors

1) don't read what you write

2) don't understand what they do read

3) tell you that you wrote the opposite of what you did

4) Make out you're answering a different point to the one on the form

5) are medically unaware of anything

6)  very definitely don't accept you have a problem unless you spell it out.

etc etc etc.

If you have a friendly GP, therapist, Occupational Therapist or whatever, I'd get their help.

As a suggestion , if you can write a few clauses which directly  address whichever of the 12 activities you have difficulty with, and it's in a digital format whereby they can cut and paste and edit your text, it will be quicker for them.

Sentences like "This patient is unable to / do  xxxxxx " are difficult for the assessment people to deny, and easy for you to refer to, if and when they try to say the opposite. (As happened to me).

rebel11

Squeakypips said:

In my personal experience, and it seem of others too, as I hear from other claimants, the assessors

1) don't read what you write

2) don't understand what they do read

3) tell you that you wrote the opposite of what you did

4) Make out you're answering a different point to the one on the form

5) are medically unaware of anything

6)  very definitely don't accept you have a problem unless you spell it out.

etc etc etc.

If you have a friendly GP, therapist, Occupational Therapist or whatever, I'd get their help.

As a suggestion , if you can write a few clauses which directly  address whichever of the 12 activities you have difficulty with, and it's in a digital format whereby they can cut and paste and edit your text, it will be quicker for them.

Sentences like "This patient is unable to / do  xxxxxx " are difficult for the assessment people to deny, and easy for you to refer to, if and when they try to say the opposite. (As happened to me).

Exactly this, the Assessor's objective from the off, is to do everything that's the opposite of their job description, which is to assess you. That was my experience, I'm cool about it, just annoyed that was my experience. It was like talking to a robot, wasn't human, zero empathy. Had the 'nerve' to say there was 'adequate' rapport. Total nonsense.  

maiquinn

So they've decision is the same despite me telling them how my hypermobility means I dislocate sometime or find it hard to sleep due to pain. I have severe asthma that stops me breathing and I have neurodivergence where I find it hard to  talk to people  and have break downs because of it, am currently being seen for psychosis with has fed into my depression/ self-harming (I needed to stop the beating) and on top of that my doctor has mentioned in a letter I can't be on medication because I tend to use it as a way of overdosing. So I guess I have to take it to tribunal 

poppy123456

It’s not surprising the decision didn’t change because most of them don’t at this stage. Only 23% of MR decisions change.

For Trubunal if you either appear in person or have a telephone/video hearing the chance of success is about 70%. Paper based hearings have a much less success rate at about 5-8%.

maiquinn

It's just annoying because it's like they keep using evidence and such against me. Like they got me to do exercise stretches for the physical part and when I explained their the same as the ones I had to do to prove my hypermobility they just say its not based on disability, or the fact I'm not allowed medication because I'm an overdose risk they see me as being fine because I'm not on medication or I have proof of the fact that I'm in therapy for masking (adhd/autism) and they see that as I'm fine and don't have severe reactions despite my arm being cut up and covered in blood from being over whelmed by the tiniest inconveniences

nasturtium

maiquinn said:

So they've decision is the same despite me telling them how my hypermobility means I dislocate sometime or find it hard to sleep due to pain.

If you said that you suffer from dislocations "sometimes" then that is ambiguous and means that your condition varies and you need to say that. You need to have the problems for the majority of times (more than 50% of times) to qualify.

Like poppy advised the best think you can do now is to apply for tribunal. Also it would be advised to seek local welfare advice https://advicelocal.uk/welfare-benefits

Nasturtium

Hannah_Alumni

@maiquinn I'm so sorry the process has been so stressful and frustrating for you. I see you mentioned being seen for psychosis but I just wanted to check in as it's really important to have someone to talk to when you feel like self=harming. Do you have a number that you can call? 

If you can, please call them or 999 if you feel unsafe. If you don't feel able to do this, please let us know. You are worthy of support, and the community is here for you. 

maiquinn

@Hannah_Scope
Hi, yes I've had the crisis team be in touch and their aware as is my gp. But thank you for checking.

nasturtium

Hello maiquinn

Appologies if my previous reply sounded a little uncaring or harsh. Sometimes I can be a bit blunt and forthright with my advice and not very caring. I am sorry to hear that you are going through problems but I am pleased to hear that you have support.

Good luck with your appeal and please seek advice. You have upto 13 months to request an appeal with good reasons for a late appeal. You can use your mental health as a good reason. They very rarely turn down a late appeal anyway. So you have plenty of time to get good advice and please use the link I provided above.

Nasturtium

maiquinn

@nasturtium
No you're fine I understand where you're coming from, I probably should have worded it better I just Don't want to lie about how bad it is. I'm going to look for help with the tribunal, I have a friend helping me with it all aswell.
Also don't worry about being blunt you're just trying to offer help and advice in a straight to the point kind of way and as someone who can take something a bit to litteral, it's more helpful. 

maiquinn

@poppy123456 this might be a stupid question but I'm really confused with what is written on my tribunal letter when it comes to evidence. Do I need to resend all my evidence again to the tribunal along with my representative letter they sent to dwp or will they already have that? 

calcotti

maiquinn said:

Do I need to resend all my evidence again to the tribunal along with my representative letter they sent to dwp or will they already have that? 

The tribunal will be sent by DWP all the information that DWP hold in collection with your claim. It will also be sent to you.