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Pip zero points
spart10187
Member Posts: 12 Connected
Hi this is first time I've posted on the website.
my son suffers from severe anxiety, depression, panic disorder which has basically taken over his life. He is 17
He is currently under care of Camhs he has a direct support worker and having CBT and he is also under the gp for meds he doesn't leave the house without me and struggles on a daily basis with his conditions.
We applied for pip and he got zero points for both elements I have submitted a mantatory reconsideration approx 4 weeks ago and submitted further medical evidence and argued and pointed out discrepancies in the assessor report as a lot of it was in correct backing up with further evidence.
I phoned DWP yesterday for an update and I was told the assessor reviewing my case has gone back to the original physiotherapist who assessed my son but the lady wouldn't say why. I felt the physiotherapist that saw my son had provided her report and that was it! what more input could she now have?
Thanks.
my son suffers from severe anxiety, depression, panic disorder which has basically taken over his life. He is 17
He is currently under care of Camhs he has a direct support worker and having CBT and he is also under the gp for meds he doesn't leave the house without me and struggles on a daily basis with his conditions.
We applied for pip and he got zero points for both elements I have submitted a mantatory reconsideration approx 4 weeks ago and submitted further medical evidence and argued and pointed out discrepancies in the assessor report as a lot of it was in correct backing up with further evidence.
I phoned DWP yesterday for an update and I was told the assessor reviewing my case has gone back to the original physiotherapist who assessed my son but the lady wouldn't say why. I felt the physiotherapist that saw my son had provided her report and that was it! what more input could she now have?
Thanks.
Replies
to be honest when you ring DWP if they don't have anything to say they want you off the phone as quick as possible.
Surely they could have explained this to me slightly better. It did sound like they were going back to the same assessor for more information, and that's probably why I got my wire crossed and assumed it would be the same physiotherapist that saw my son. I've found the whole process really daunting and spent hours researching as how to to do the mandatory reconsideration as my local citizens advice bureau said it would be better if I did the mandatory reconsideration myself and if we wanted to take it to an appeal if we were unsuccessful then seek advice from them.
Sorry just another question would I make a complaint and go through each descriptor they gave my son nil points on or should I just a general complaints letter stating I'm not happy with the report. The comments they made were he didn't need prompting to answer, he did, he went to a mainstream school when he didn't, he was shaking like a leaf, breathing heavily and a lot of other discrepancies which I was really shocked with. I wanted to complain but I read on another forum that it's best not to get personal and call out the assessors saying they are lying so I did a witness statement with everything I disagreed with that happened on the day, I got around by saying what the assessor may not know or have picked up due to the short appointment I didn't go all guns blazing. I agree with you the process is not for the faint hearted and definitely corrupt in more ways than one. Thanks again
I don't have anything to add to wildlife's advice really....If the MR request is not successful, you should definitely consider going to the tribunal, decisions often get overturned there & although it can be daunting you will get a lot of support on here.
As regards the complaint, I agree that it is worth complaining because whatever the outcome of the MR, the report is still wrong and both it and the assessment itself sound distressing. It's also helpful for both the MR and appeal to show that you disagree with the report so much that you have felt compelled to complain.
Will
Regarding the mandatory reconsideration that is also ongoing DWP have requested some information from my sons GP.
Checked with the surgery the requested information has been sent off so still waiting to hear back I find the process really frustrating.
Do you know what information @wildlife they would have requested from the GP? The secretary said it was a form? Thanks
I thought atos just see you but its then down to dwp to decide what points and that you get x
The DWP more or less rubber stamp what the assessor says. DWP draw heavily on the assessor's report to make their decision.
If the MR has been done maybe they'll tell you over the phone what the result was and you'll be able to tell them about the new evidence and they might agree to look at the claim again. Tell them your son would not cope very well with the stress of having to go to appeal as part of your argument to get them to use the new evidence. Hope you can get this sorted. Good Luck..
Atleast more than before as he got zero.
I spoke with the decision maker today and the next stage would be tribunal hearing although DM did say they would look at all the evidence again before going to tribunal hearing.
The DM said that the GP evidence was helpful but did not elaborate on the daily living descriptors which they wouldn't as they only see you for 5 minutes it seems we needed to provide more evidence I provided a letter from his CAMHS my sons support worker however it didn't go into depth about the descriptors.
My son is currently having CBT treatment. I provided a detail statement of his daily struggles what he can and can't do and I'm unsure apart from myself who will able to vouch for activities such as not able to cook a meal and dressing and showering it seemed they didn't want to just take my word for it they want someone else to comment.
Im slightly lost who to ask to comment on these descriptors I have asked his CAMHS case worker if she can help but not sure what else to do.
The DM was lovely she did say if we could provide this extra information with the appeal it will be looked at again before the hearing.
Does anyone else struggle to gather information regards to mental health and who is the best person to comment or help
Thanks in advance
Hi @spart10187. Try not to give up, 67% of tribunals are awarded in favour of the claimants.
The DMs should take into account all the evidence and not just the evidence of your GP and any other professionals involved with your son's treatment:
The following excerpt is from the latest review of PIP:
The Review also found that some forms of evidence, particularly those from carers or family members, were not always given sufficient weight with evidence from health care professionals being considered more objective. The Department should seek to ensure that the evidence of carers and family members is given due weight in the assessment process, while recognising that all sources of evidence should be probed and tested. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604097/pip-assessment-second-independent-review.pdfI hope this proves useful.also he lied made stuff up.I asked for a mandatory decision on the whole form and shocked i got it all back.i only sent them the same letter i did weeks before from my GP.
some there is hope if not go to Appeal
goodluck
Read more at https://community.scope.org.uk/profile/spart10187#LCmmsvCy1ToMaCgh.99
thanks for your support guys.
If you do have to go to tribunal the members will be impartial, go through the applicable descriptor categories again and make up their own minds.
I know it would be stressful for your son to attend a hearing - but oral hearings stand a much better chance of success than paper hearings.
You can visit your council or ring them to get your son on the waiting list for a home assessment. Just ask for the Adult Care Team. I would try now to see if they'll accept him before he's 18 as he will be by the time they get around to it if they're anything like our Council.
I don't have much to add to everyone else's advice, but I do agree that a tribunal is likely to weigh up all the evidence you already have, and listen to what your son says (or cannot say), if he is able to attend an appeal.
If you can't provide any more evidence at this stage, then I think it is fine to say so and explain why, plus explain what you are doing meanwhile (including asking for an assessment from the council). You could consider a private assessment, but please don't spend too much money because I agree with everyone above that you may not need that additional evidence at tribunal stage.
The involvement of CAMHS is itself relevant and I think the tribunal will recognise that. But your own evidence of what he can and cannot do is also useful (the DWP don't tend to take this into account but that doesn't mean they are right to do so).
There's a case about ESA (a different benefit I know, but also one where evidence helps - the case is [2016] AACR 11) which says that the system places people with mental health conditions at disadvantage and requires the DWP to obtain further evidence themselves. I really feel that this should apply here too and you could mention that to the tribunal. It may also be worth complaining to the DWP about the request for further evidence pointing out that it is much more difficult to get this - it places people with mental health conditions at a massive disadvantage, and arguably the DWP should make adjustments.
At its worst, if the DWP are asking for evidence which simply doesn't exist and which you could only acquire at an unreasonable expense, it could be unlawful for them to request it. But I'll leave it there for now. Do let us know what happens with your son's case.
Will
I would say yes, and inform HB, and Tax Credits if you get them, just in case of any premiums.
Always best to keep everyone informed!
Also in your last post you asked if you should inform ESA. Absolutely as your son may be entitled to premiums on top of the ESA, backdated to the start of the claim. You can tell them over the phone. They made our payment the same day.
Scope community team
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