Appeal and medication

Artmuzz

As I have mentioned on this forum I unfairly failed my PIP assessment for the second time. I don’t really want to appeal this decision because I failed the PIP appeal miserably last time at Tribunal because the Judge based his decision on outdated medical evidence and I wasn’t taking mediation for my anxiety and panic disorder.

I am wanting advise whether I should still go ahead and appeal at Tribunal even though I am still not taking medication and refusing medication that my GP is offering me. However, unlike last time I am seekimg and currently getting alternative treatment as in CBT therapy, drama therapy and I now have a support worker helping me.

Should I still go ahead with an MR then appeal? I am frightened I will fail appeal at Tribunal again because I am still not taking any medication and refusing medication from my GP even though I am getting alternative treatment. Please advise.

poppy123456

Hi,

No one can tell you whether you should appeal the decision, only you can decide that.

Lots of people claim PIP and they don't take any medication. If you do decide to appeal and you use the same evidence you previously used chances are you'll be refused again.

CockneyRebel

The onus is on you to show that you meet the criteria for an award, and provide relevant evidence to back up your claim. If you can, and you can demonstrate with examples of what happens when you attempt the descriptor activities then you should ask for MR / tribunal.

If you are unsure then you maybe best advised to seek trained advice form an agency near you. 

Artmuzz

poppy123456 said:

Hi,

No one can tell you whether you should appeal the decision, only you can decide that.

Lots of people claim PIP and they don't take any medication. If you do decide to appeal and you use the same evidence you previously used chances are you'll be refused again.

Strange how a lot of people who claim PIP don’t take any medication yet I failed the appeal at Tribunal because I don’t take any medication. It’s got me wondering.

poppy123456

When i first claimed PIP for my daughter is 2017 she didn't take any medication at all and she was awarded Enhanced for both parts. PIP is awarded based on how your conditions affect your ability to carry out daily activity based on the PIP descriptors. You can have a disability but still not be entitled to PIP because if the descriptors don't apply to you, you won't score the points for an award.

twonker

Artmuzz said:

poppy123456 said:

Hi,

No one can tell you whether you should appeal the decision, only you can decide that.

Lots of people claim PIP and they don't take any medication. If you do decide to appeal and you use the same evidence you previously used chances are you'll be refused again.

Strange how a lot of people who claim PIP don’t take any medication yet I failed the appeal at Tribunal because I don’t take any medication. It’s got me wondering.

The answer really is to explain why you do not take medication. 

Artmuzz

poppy123456 said:

When i first claimed PIP for my daughter is 2017 she didn't take any medication at all and she was awarded Enhanced for both parts. PIP is awarded based on how your conditions affect your ability to carry out daily activity based on the PIP descriptors. You can have a disability but still not be entitled to PIP because if the descriptors don't apply to you, you won't score the points for an award.

I explained in my PIP application form and at Tribunal during my appeal that my anxiety, depression and panic disorder affects my life considerably as I avoid social situations because it gives me great distress and anxiety and I also get the same for cooking, washing, looking after personal hygiene and going out.

I explained I am indoors most of the time because of agoraphobia and dizziness is one of the symptoms and as a result I avoid going out due to the distress and panic attacks it causes me. However, I still failed my appeal because as I have said before the Judge based his decision not to award me PIP over outdated medical records and I am not taking medication.

However, I not taking medication because of bad side effects so I am getting alternative therapy as in CBT therapy and drama therapy and getting help from a Support Worker.

[Deleted User]

I don't take any meds for mental health either and I was awarded pip previously with no problems. Meds aren't right for everyone, in my case they don't help me, plus I can't take meds anymore due to swallowing and stomach problems.

Artmuzz

WF2k said:

I don't take any meds for mental health either and I was awarded pip previously with no problems. Meds aren't right for everyone, in my case they don't help me, plus I can't take meds anymore due to swallowing and stomach problems.

Hmm. It makes me wonder if I was just unlucky with the PIP assessor and Tribunal panel I got at the appeal.

poppy123456

Whether you're entitled to PIP depends exactly how your conditions affect you and you can't compare anyone else with yourself because we are all affected differently by these conditions. Have a read of this link (it's long) but well worth reading because it will give you a better understanding of the PIP descriptors and what they mean. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Artmuzz

Thanks for the link of descriptors.

However, on the CAB website I filled in what descriptors best describe my disabilities and according to the results and points I should get Enhanced Care and Standard Mobility yet it’s a different story with the DWP when I got assessed as I only got a total of 2 points for being unable to mix with people and zero points for the rest of the descriptors. Hmm.

[Deleted User]

You don't think it's because you have therapy do you? They can make assumptions from that I guess.

Maybe get some professional advice?

Artmuzz

WF2k said:

You don't think it's because you have therapy do you? They can make assumptions from that I guess.

Maybe get some professional advice?

I didn’t receive therapy last time I applied for PIP and I failed PIP and the appeal.

Do you think that receiving therapy and getting help from a Support Worker will go against me when appealing? If you do think that then I’m wasting my time appealing this because all this appealing is causing me great stress and making my mental health worse.

[Deleted User]

Ahh fair enough  

I have zero idea tbh! Which is why I suggested you get some professional advice.

You could always tag mikehughescq and see if he can offer you some advice?

poppy123456

Artmuzz said:

However, on the CAB website I filled in what descriptors best describe my disabilities and according to the results and points I should get Enhanced Care and Standard Mobility yet it’s a different story with the DWP when I got assessed as I only got a total of 2 points for being unable to mix with people and zero points for the rest of the descriptors. Hmm.

Unless you fully understand the PIP descriptors and what they mean it's very easy to over score yourself. A lot of people make this mistake and think they should have scored x amount of points when realistically they won't.

[Deleted User]

Check this site out - https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

It explains the descriptors. My Son and I have had a look at it to see which descriptors I'd get points in. You have to be honest with yourself when doing the points (no offence).

Artmuzz

Thanks for the replies.

I should of scored more points on the social anxiety descriptor mixing with other people because according to the assessment report I only scored 2 points in total which was for the descriptor needs prompting to mix with other people when in fact I cannot mix with other people even when prompted because it causes psychological distress.

Also, I should of scored at least 4 points with washing and personal hygiene and going out. Hopefully I will get those descriptors changed to better scores at appeal. I am being honest and truthful and really I should of got at least standard reward for one of them.

mercedesbd

I say go for it forget what everyone else is saying because your condition isnt there’s, how it affects you only you know. Just go for it because the times you look round in 9 months time and you’ve not gotten anything thinking what if I did go you could have gone for the tribunal and possibly win. Think positive and don’t let no one convince you other wise. Receiving treatment and therapy doesn’t mean There’s nothing wrong if that’s the case I’m not entitled to a penny 

[Deleted User]

Yeah, I'd definitely seek some proper advice/help with this. 

poppy123456

WF2k said:

Yeah, I'd definitely seek some proper advice/help with this. 

I believe they had a representative from welfare rights for their previous PIP Tribunal and lost the Tribunal.

mercedesbd

poppy123456 said:

WF2k said:

Yeah, I'd definitely seek some proper advice/help with this. 

I believe they had a representative from welfare rights for their previous PIP Tribunal and lost the Tribunal.

Poppy, Who cares what they had before ! Before and now is 2 different cases ! Not being funny every thread I’ve seen you comment on lately has been negative vibes if you don’t wanna give someone help positively not being ignorant don’t bother commenting