PIP, DLA and AA
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Need some advice regarding my brothers pip claim

Floki81Floki81 Member Posts: 3 Listener
Hello, My brother had been on DLA from around 2001. He was claiming middle rate care and low rate mobility. He was diagnosed back in 2000 with Social Phobia and Depression. He has been attending mental health centres for the past 18 years and also been on many different anti depressants/anxiety medication and still is on 3 different meds. He hardly leaves the house and when he does its normally with another family member.

Transfer to PIP went bad. He managed to get a home assessment with a partly wrote half ass GP letter. The assessor wrote a fabrication and he got 2 points in total. I think I went wrong by not supplying enough evidence. I have asked for a MR but could not get a doctor to write a letter, I could only get his past medical history. I wrote a detailed letter explaining why I thought each question was wrong and give examples as to why, plus I sent in a fair bit of mental health reports dating from 2000 - present clearly stating his problems and how they have been long term. I also was able to prove by evidence some of the assessors report wasn't true. Will these reports be enough ? I think I was able to debunk around 4-5 of the assessors reports, that clearly makes his report hold less value? My letter went into great detail explaining why I disagreed with each question and how I feel it should have been scored. 

I'm still expecting it to fail from reading others online and feel my brother wouldn't cope having to attend a tribunal, this is his main problem after all. I don't think he will attend. Will this go against him ? Thank you for reading.

I just want to point out - around 4 years ago he moved area and his new GP surgery hasn't been very helpful during all of this. They refused to write a letter stating he would need to be reassessed independently, even though they had all the info on there computer and are supplying him 3 drugs monthly for his illness.
Questions 
Is the medical reports obtained from his medical records clearing stating his diagnoses and difficulties enough ? There was also a list of all the meds he been on over the years.

If MR fails here, is it still possible to complete the tribunal without my brother attending, on the terms of his mental health and not turning up? Can someone else attend in his place
Thank you for reading.






Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    A letter from a GP isn't the best evidence anyway. This is because a GP doesn't usually know how your conditions affect you against the PIP descriptors. If they know then it will be because you have told them.

    Only 18% of MR decisions change, so you'll most likely have to take it to Tribunal but hopefully for your brother the decision will change and he'll be in that 18%. No one can tell you whether it will or not. A decision can take between 2-8 weeks, sometimes longer.

    If it gets to Tribunal then i'd advise that he does appear in person, 71% of those that do, have a decision in their favour. Those that ask for a paper based decision are much less likely to have a decision in their favour (less than 10%) It's often very difficult for the Tribunal to make a decision based on evidence alone, and they will always prefer to see you in person. Waiting times for hearing dates are huge in most areas and some are waiting a year or more.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wilkowilko Member Posts: 2,284 Disability Gamechanger
    Hello and welcome, this may upset you but it is being written to do that. When your brother was claiming DLA the claim was all about his illnesses and diagnosis, whereas when claiming PIP the focus is about your brothers abilities to meet or meet the PIP descriptors, repeatedly, safely and in a timely manner. When you or your brother filled in his application form he was asked how he coped, managed the different PIP descriptors it is these things you have to focus on giving several examples of why your brother can not complete the descriptors. Sending in lots of information regarding the diagnosis, disability and medications appears to be a wasted effort when the acessment is about abilities.
  • ledrat9ledrat9 Member Posts: 9 Listener
    Hi Floki81

    Sorry to hear of the trouble you're having.

    A big question to ask is was the assessor capable of carrying out an accurate assessment of your brothers condition. Did he/she have the qualifications, experience and training to assess someone with mental difficulties?

    This is something you can call into question.
    What was the "health professional's" (and I use that term loosely) occupation? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HCP's don't need to be qualified in a specific condition. All conditions affect people differently and if you don't fit the descriptors there won't be an award. You need to give examples of the difficulties you have against the PIP descriptors that apply to you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Floki81Floki81 Member Posts: 3 Listener
    Hi, I had wrote a big reply there but for some reason it hasn’t posted. Thanks for reply’s. It was a nurse and evident from the start he had no clue about mental illness. This is why the system is corrupt. These people are trained over a 6 week period to lie and do everything in there powers to fail people, even go as far as making stuff up that never evened happened. They get paid to do this. I know a person who work’s for capita. Some of the stuff is horrific, but what can you do? This is the system in place unfortunately. I have wrote detailed explanations on each descriptor on why I disagree and examples of my brothers struggles. Fingers crossed this plus my evidence is enough, as they wrote no medical input, well now they have a full folder sent for MR. I’m just covering myself on everything. Will stay updated as things move along. Fingers crossed this doesn’t go tribunal but I think it certainly could do. 

  • house3house3 Member Posts: 5 Listener
    good luck, i wish your brother and yourself all the best .Hope your successful with the pip award..your right, they make up stuff,ive been to two medicals, and saw there false reports....ive recorded my last pip assessement. she still tried to fib,even though it was on tape to hear what i had told her ,about my disabilitys and how they effect me..xx
  • ledrat9ledrat9 Member Posts: 9 Listener
    poppy123456

    Yes you do have to satisfy the descriptors.

    The problem is that it is the HCP who decides at assessment how well you fit the descriptors. These HCP's work for a company that has a vested interest in the outcome. The DWP make the decision based on the HCP's report.

    The HCP does have to be qualified to assess your specific condition and this is something to bring up at tribunal.

    I did which is how I won my case.   
  • Floki81Floki81 Member Posts: 3 Listener
    That’s the first thing I stated on my letter, as I felt at the assessment the nurse had not got the qualifications to assess my brothers mental health, it was clear from the beginning

     The whole report was a complete fabrication of what both myself and my brother stated. It’s criminal behaviour. When he was asking questions, he wasn’t listening to the answer but was writing stuff like - observed to be making eye contact, is not showing signs of anxiety etc. I’m sitting there explaining about how he has attempted suicide twice and how I was the one who found him one morning. Yet it stated no attempts of suicide and calm and relaxed throughout when my brother was in bits struggling with answers. So much false statements and very cruel. 
  • ledrat9ledrat9 Member Posts: 9 Listener
    edited January 2019
    Floki81

    If this does go to tribunal you would be allowed to attend with him and speak for him. I don't know if you would be able to represent him if he were not present.

    From my own experience I was turned down at the MR stage so had to take it to tribunal. Once the DWP received my evidence that I was submitting to the tribunal they actually contacted me to try and resolve.

    Hopefully you will have the same thing.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ledrat9 said:
    Floki81

    If this does go to tribunal you would be allowed to attend with him and speak for him.
    This is not correct, unless the claimant has an appointee then they will be able to speak for them. The Tribunal will want the claimant to tell them in their own words how their conditions affect them. The person with the claimant maybe asked if there's anything to add at the end, but even this doesn't always happen.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    Hi,

    A letter from a GP isn't the best evidence anyway. This is because a GP doesn't usually know how your conditions affect you against the PIP descriptors. If they know then it will be because you have told them.

    Only 18% of MR decisions change, so you'll most likely have to take it to Tribunal but hopefully for your brother the decision will change and he'll be in that 18%. No one can tell you whether it will or not. A decision can take between 2-8 weeks, sometimes longer.

    If it gets to Tribunal then i'd advise that he does appear in person, 71% of those that do, have a decision in their favour. Those that ask for a paper based decision are much less likely to have a decision in their favour (less than 10%) It's often very difficult for the Tribunal to make a decision based on evidence alone, and they will always prefer to see you in person. Waiting times for hearing dates are huge in most areas and some are waiting a year or more.
    Hi,
    If it gets to Tribunal then i'd advise that he does appear in person, 71% of those that do, have a decision in their favour. Those that ask for a paper based decision are much less likely to have a decision in their favour (less than 10%) It's often very difficult for the Tribunal to make a decision based on evidence alone, and they will always prefer to see you in person. Waiting times for hearing dates are huge in most areas and some are waiting a year or more. 

    It's 71% if you are represented. I believe the figure is less than 50% if the claimant goes it alone.
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