PIP Tribunal Failure- what's next?

CJDRobinson

Hello there. I am looking for help and advice regarding trying to claim benefits. I'm off sick due to mental illness and lipedema, the DWP have refused to give me PIP because I don't look ill despite giving them my medical evidence and going through a tribunal a year later, they won't give me universal credit because of my boyfriend's income.

I wondered what I need to do to get them to listen to me and take my illnesses seriously. I am planning on suing them for discrimination but wanted some advice from here first. Citizens Advice said I should reapply but the mere thought of it is too mentally daunting. I know the DWP are discriminating against me for being mentally ill because they are ignoring evidence from my GP that proves how difficult it is for me to live and do anything. Please. Any help is appreciated.

CJDRobinson

Hello there, I've had problems trying to get The DWP to understand how difficult it is to go through life with mental illnesses and lipedema. I first applied for PIP in May 2018, failed the assessment and the assessor actually lied about what I had said, the MR came back as a failure and the DWP scored me 0 on everything despite hard evidence from my GP that I cannot work and have extreme difficulty doing most things...there are days when I'm bed bound. After my boyfriend sent letter and evidence to the tribunal service we had the tribunal on May 1st this year but even that failed, all they did was change my daily living score from 0 to 4. I am aware that I can only appeal if I find a error of law, but I'm convinced they are discriminating against me. Is there anything more I can do? 

cristobal

@cjdrobinson - there was some discussion on this a couple of months ago. 

I think, although there was some disagreement, the consensus was that you wouldn't be able to make a discrimination claim because you would have to show that you were treated differently to other claimants (who are all ill to some degree otherwise they wouldn't be claiming PIP)

poppy123456

Hi,

It maybe very difficult to prove any discrimination took place. PIP isn't about the illness or diagnosis, it's how that condition affects your ability to carry out daily activity based on the PIP descriptors. You can have a disability, whether it's physical or mental and still not qualify for PIP. If you don't fit the descriptors, you won't score the points for an award.

Also PIP isn't about not being able to work, people claim PIP and work.

You can of course request the statement of reasons and record of proceedings and then find someone to take a look to see if there was an error in law made. You have 1 month from the date of the decision to request this.

CJDRobinson

npoppy123456 said:

Hi,

It maybe very difficult to prove any discrimination took place. PIP isn't about the illness or diagnosis, it's how that condition affects your ability to carry out daily activity based on the PIP descriptors. You can have a disability, whether it's physical or mental and still not qualify for PIP. If you don't fit the descriptors, you won't score the points for an award.

Also PIP isn't about not being able to work, people claim PIP and work.

You can of course request the statement of reasons and record of proceedings and then find someone to take a look to see if there was an error in law made. You have 1 month from the date of the decision to request this.

Thank you for your help.

mikehughescq

ilovecats said:

Suing them won’t work. A high majority of successful applicants are awarded based on mental illness so trying to prove discrimination is most likely futile 

This is factually incorrect. See https://www.rightsnet.org.uk/welfare-rights/news/item/mental-health-claimants-2.4-times-as-likely-to-lose-their-benefit-on-transf for starters. 

twonker

mikehughescq said:

ilovecats said:

Suing them won’t work. A high majority of successful applicants are awarded based on mental illness so trying to prove discrimination is most likely futile 

This is factually incorrect. See https://www.rightsnet.org.uk/welfare-rights/news/item/mental-health-claimants-2.4-times-as-likely-to-lose-their-benefit-on-transf for starters. 

I would imagine that very few if any are members of Rightsnet and able to see anything other than the Discussion Forum.

mikehughescq

A number of members on here have access to Rightsnet for a variety of reasons. Some have revealed it. Some were exposed in a rather unpalatable manner. I’m aware of others who have not said so but who are easily identifiable (possibly even when they don’t think they are) However, for the avoidance of doubt here’s the text of the above news item. 

“University of York research reports that more than 47,000 claimants with a mental health condition lost entitlement between 2013 and 2016 

Mental health claimants are 2.4 times as likely to lose their benefit on transfer from disability living allowance (DLA) to personal independence payment (PIP) compared to claimants with a non-psychiatric condition, according to research from the University of York.

In its research Discrediting experiences: Outcomes of eligibility assessments for claimants with psychiatric compared to non-psychiatric conditions transferring to Personal Independence Payments in England, published in the  British Journal of Psychiatry Open, the University of York analysed government data of claimants moving from an existing DLA entitlement to PIP between April 2013 and October 2016.

Of the 148,700 DLA claimants with a psychiatric condition and 178,300 DLA claimants with a non-psychiatric condition - 

• 47,741 claimants with a psychiatric condition (32 per cent) lost entitlement to disability benefits; and
• 29,323 claimants with a non-psychiatric condition (16.4 per cent) lost entitlement to disability benefits.

Observing that, overall, claimants with a psychiatric condition were 2.4 times more likely to lose their benefits - ranging from 1.97 times more likely for claims based on alcohol and drugs to 3.38 times more likely for claimants with ADHD - the authors acknowledge that the reasons for the discrepancy are unclear, but note that the findings support concerns raised in a Work and Pensions Committee report, which found that PIP assessors had a lack of specialist mental health knowledge and used informal observations to make judgments on claimants' mental health conditions. Co-author Kate Pickett comments - 

'Our study provides robust evidence that the benefits system discriminates against those with mental illness. The government needs to take notice and take action to ensure that those with mental illness are treated fairly.'

For more information see Mental health claimants more than twice as likely to lose their benefit as non-psychiatric claimants from the University of York website.”

Hopefully puts the previous assertion re: the success rate if mental health related claims into some kind of context.