PIP Telephone Assessment

pnewby38

Well I have my PIP Telephone Assessment on Friday it says online it's coming via Magistrates court.  I've quoted two 1st tier historical cases for a person suffering from OCD and claiming PIP.  

My question is will I have to repeat everything again and will there give me a decision on the day of the hearing been Friday morning?

poppy123456

Slightly confused by your question. You mention a telephone assessment on Friday for PIP but then mention Magistrates court. If it's a PIP Tribunal then it won't be an assessment as such, it will be a hearing with a Judge, Doctor, a disability advisor and sometimes a rep from DWP.

I'm not convinced that quoting case law from someone else's appeal will help here because PIP isn't awarded based on any diagnosis. You can't compare 2 people, even if they have the same conditions. 

What questions they ask will depend on how your conditions affect you. It would be impossible for anyone to tell you what exactly they will ask you. 

No, you don't always receive the decision on the day of the hearing. Sometimes it's not possible to make a decision during the hearing. If this happens they will send you the decision by post. As you can track the appeal online then some members have said they've been able to log in a few hours after the hearing and see what the decision was.

If they don't tell you on the day, it doesn't mean you've been refused. Many people don't have decisions on the day. 

pnewby38

I meant pip tribunal hearing first tier heating.  Needless to say I went from 4 points too Enhanced rate of living componant and low rate mobility.

pnewby38

I'm concerned thought that I've been given low rate mobility cannot undertake any journey for OCD contamination reasons but I do go out sometimes I like to push myself ie self exposure therapy.  I don't want them to monitor me see me out and I end up with an overpayment.

pnewby38

Ps case laws set a presidence that the tribunals use for similar historical cases.  OCD is not yet classed as a cognitive malfunction but it does come with cognitive deficits.  Hence historical case law especially when it's a 2nd tier upper tribunal historical case. 

poppy123456

pnewby38 said:

I'm concerned thought that I've been given low rate mobility cannot undertake any journey for OCD contamination reasons but I do go out sometimes I like to push myself ie self exposure therapy.  I don't want them to monitor me see me out and I end up with an overpayment.

For that descriptor if on the majority of days you’re unable to undertake any journey then this is the correct, even if there are some days which you can go out. 

pnewby38

That's useful thank you. I push my self to even sometimes sit in pubs but I rarely go out cos I'm nervous about people seeing my OCD rituals and mocking me.  I'm still not sure if I should get the mobility component though it sounds like I can't go out at all.  I'm a young person.

pnewby38

I also think I should only be getting the standard rate of daily living but the tribunal panel decided more on the evidence presented to them.  I dont know if I might have over exaggerated things.  The panal mentioned that there is no doubt from medical evidence that I have OCD but oh I don't know I think I'm over thinking it which is an OCD trait.

poppy123456

pnewby38 said:

I also think I should only be getting the standard rate of daily living but the tribunal panel decided more on the evidence presented to them.  I dont know if I might have over exaggerated things.  The panal mentioned that there is no doubt from medical evidence that I have OCD but oh I don't know I think I'm over thinking it which is an OCD trait.

The Tribunal would have applied the law correctly. Many people do not understand the descriptors and what they mean and often underscore their self. It’s highly unlikely that the award is incorrect. 

As you’re unable to go out the majority of days because of your mental health then standard mobility sounds correct to me. 

pnewby38

Ok thank you I've found out from the pip enquiry line that the dwp are not going to ask for a statement of ???? from the tribunal which is usually an indication the DWP are going to appeal to the 2nd tier tribunal.  The DWP asked for an adjournment but the judge refused him and I was given the decision within 15 minutes of them talking amongst themselves.  The DWP confirmed my bank details yesterday.  I'm just worried that I'm gonna get an over payment cos I go out but I'll try not to worry.  Thank you.

poppy123456

Going out sometimes doesn't mean you will have an overpayment. The Tribunal would have applied the law correctly so please try not to worry. 

pnewby38 said:

Ok thank you I've found out from the pip enquiry line that the dwp are not going to ask for a statement of ???? from the tribunal which is usually an indication the DWP are going to appeal to the 2nd tier tribunal.  

For the avoidance of doubt, incase anyone reads this. If DWP request the statement of reasons and record of proceedings, it's no indication they are going to appeal to Upper Tribunal.

It just means they've requested them. They sometimes request them but rarely appeal. Before they can appeal they need to find the error in law, otherwise they can't proceed any further.