Pip assessment - 0 points Brain injury

braininjury28

28 year old - on DLA all my life since 12 years old.  ADHD - Autism - hit by an bus in the head as pedestrian at age 12. Blind in one eye., short term memory, cant travel further than a few mile out of a close zone of my house as i forgot where i am and get lost. so cant travel far without assistance.  Unless i learn the new route...Eat one to meals a day= cooked by my mother, i eat beans and sweets and crisps when alone. I'm underweigtht badly.  I have many years of medical history from brain injury specialists highlighting all my problems with life.   How come i have scored 0 points? 0 for everything? not even 1 point? 

CockneyRebel

Hi braininjury and welcome

Unfortunately we see similar stories on the forums far too often

If you can you should get help from CAB or any charity that supports your condition

If you haven't done so you should ask for a copy of the assessment report asap. You will need this to identify the areas that you need to challenge

For now you need to concetrate on showing that you meet the descriptors for an award

Most HCP' and DM's don't take into account the reliability factors and make their decisions on a snap shot of your life, how you were at the time.

To complete any of the descriptors you need to do so Safely, Repeatedly, In a timely manner and to an acceptable standard.

For example : If you can walk 20 - 50 metres but you can't repeat it straight away and you need to rest for some time before you can do so again then you cannot be said to complete that descriptor. Or if it takes you twice as long as an able bodied person you cannot complete the descriptor
Dressing and undressing : If your medication takes some hours to work in the morning and you cannot dress without assisstance because of this then this needs to be taken into account

Go through each descriptor one at a time and see how these factors may apply
You should look at each activity and break it down into sections and apply the reliability factors to each section

For example Preparing food

Can you do so ?  ( safely, realiably, to an acceptable standard and in a timely manner )
If not, why not ?
What is it about your condition that stops you doing so ?
Can you do so if you have help or and aid ?
What happens if you don't have help or an aid 

Do this for each descriptor for your MR

There is a template that you can used for the MR

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

and some additional information

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683381/how-to-disagree-with-a-decision-made-by-dwp.PDF

You have a month from the date on your decision letter to request an MR. You can do this by letter or phone. Be very aware of this date, do not miss the deadline

If you haven't asked for the report until now, it is unlikely to arrive before this date so make it clear that you will be sending further evidence and that they should wait before carrying out the MR until it is received.

If you can get further relevant evidence you  should submit this but it is not essential. Often, it is not your evidence that is the problem but the way it is read ( or not )

MR's can often take 8 weeks or more but may also be done very quickly and before your new evidence is receiived. If this happens you can ask for the decision to be looked at again taking into account your new evidence.

MR's have a low rate of success at present but this stage has to be completed in order to advance to the appeal tribunal.

There is lots of good info on this site about appeals so please have a look around

CR

hartill77

Hi braininjury28 

Welcome to the community. 

I myself have had to appeal a decision before, so happy to help. 

If there's any evidence you can provide to support your claim double check you  included it.  I'm sure you did but it all helps even if you have sent it before. 

Charlene

  

braininjury28

Brain Injury from bus accident (it hit me in the head as a 12 year old on the curb. Ive been on DLA, since my accident, ;left with serious brain injury, 20% vision in left eye, frontal lobal brain damage..I have ADHD and Autism.

I have big trouble travelling, i can drive, but only locally, as i forget where i am at, i forget roads, and can go into a panic on what I'm suppose to do. so i stay very local in my car.

My hygiene is low, i am prompted by family members to shower/bath, i eat very little, i forget to turn cookers off, i eat a tin of beans, or sweets with money i may have.

I suffer from depression , i have suicidal thoughts, weekly and have done for the last 20 years.

I started working 3 years ago, i did not need to go into work, as i was "Not fit for work" , i wanted to better myself, if i could, i tried to get a job and i got one, 3 hours a day, 5 days a week, i usually am very tired from it and must sleep when back.

My mother takes control of all responsibility of financial for me, as i can not work it out, i cant get my head around it and find myself being frustrated and angry while trying to think correctly.

I am unable to plan a day, or an event, due to the exact same reason, i become frustrated and angry, and my memory makes things a lot harder for me.

assessor said i looked fine and normal for size, I'm 6ft1 and and my weight is under 10 stone, i am massively under weight, i can feel and see everyone bone head to toe on my body.

Sorry bit of a rant, ive read a lot of people with brain injurys being removed/ declinded PIP.

I will be visituing BUA, (at least my mother will) for advice and help on what should be done about this.....It's not what i need or want, i just want to be left alone.

Anyhow, i scored 0 points on everything...I just don't get it, i am not a fraud, a a big bus hit me in the head as a child, it smashed the bus screen, aswell as my skull

We are going to appeal their decision for sure and most lightly head to a tribunal. I guess me and my mother have a problem though, while younger, i made the decision to stop going to hospital and doctors, as i felt nothing was helping me and i choose to sit in my bedroom everyday for the following 15 years. So my evidence, is from a long time ago,. perhaps 2004. Also, the women who assessed me, i asked her "What do you know of brain injurys. why am i here and why am being assessed by you"? (My assessment took place in a gym building, which was degrading enough for me to be judged at but the women told me she had been working for 15 years with people with brain injurys...

poppy123456

Your problem could possibly be that your evidence to too old. I'm not saying it's not relevant but it needs to be backed up with recent evidence. 2004 is 14 years ago. You can write a diary stating how your condition affects you daily. Ask someone who knows you well to write a letter of support for you. Recent evidence will be need for your claim to be successful. Good luck.

BenefitsTrainingCo

braininjury28,

I agree with the advice you've had so far. However, you're not alone - lots of people have evidence which goes back to childhood and often they haven't got any more recent evidence. I'd recommend, as Poppy says, that you try to get some more recent medical evidence if you can. If you can't get it or don't want to, explain why you don't have it - because you felt nothing was helping.

On the other hand, after MR stage (if that is not successful) you would have to go to a tribunal. The tribunal is independent and if you explain that you only have evidence from 2004 and that there is no evidence that you have got better, either, they may be able to use it. On the other hand I do think it may be difficult as, given you have successfully got a job (which is great) the tribunal may ask why you can't also go to appointments to get medical evidence. You might have to explain how tired your job makes you and that you haven't seen any point going to hospital/doctor's.

You are definitely entitled to PIP based on what you have said, and I have seen people in a similar situation get an award at tribunal stage. However, it's definitely true that more recent medical evidence would help, if you are able to get it.

Will