PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Has any won with mental health won at tribunal ?

SingingSinging Member Posts: 135 Courageous
 Hello there, I received my paperwork back from the DWP stating why they think I should not get PIP. I honestly I’m not quite sure what to do next. Who should I call to ask about help with it? And has anybody won their PIP back for a mental health Condition.?

Replies

  • SingingSinging Member Posts: 135 Courageous
    This is for my tribunal. I was awarded PIP. I had it for about four years. And then in May they stopped it.
  • SingingSinging Member Posts: 135 Courageous
    And gave me zero for everything. Really sad. Because I just felt like such a victim.
  • SingingSinging Member Posts: 135 Courageous
    This is the paperwork that they sent back to me, after I had made my reasons for my appeal for the tribunal. And they have sent me back a whole host of paperwork. They have said that I am entitled to ESA but not PIP. Which is really bizarre, because the reasons I got the ESA were for the same reasons that I got PIP
  • SingingSinging Member Posts: 135 Courageous
    What do I do at this stage? There were other reasons that I want to dispute the dispute. Before the tribunal people read it. Otherwise it just looks like a character assassination.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    The Tribunal have most likely received exactly what you've received. What you need to do decide where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you, this can be done for your submission.

    Avoid mentioning any lies or contradictions that may have been told in the report because HMCTS wont appreciate you mentioning any of those. They will only be interested in where you think you should have scored those points.

    You will have plenty of time to write the submission so don't rush it, take your time. Any extra evidence you have to support your claim should be sent to arrive no later than 10 days before the hearing date. I see you've only recently requested the appeal and with waiting lists so long across most of the country you could be in for a very long wait.

    Lots of people successfully claim PIP for mental health reasons but it's not awarded based on a diagnosis, it depends how your conditions affect your ability to carry out daily activities based on the PIP descriptors. You can't compare 2 people with the same conditions because we are all affected differently.

    Looking back at your previous thread i seen that you have problems finding someone to help you with the process, did you eventually find an advice agency?


    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.
  • SingingSinging Member Posts: 135 Courageous
    Thank you , can I correct typos that radically change the meaning of what is said ?

    for example two typos- one says mates when it should say males
    and the other says 230 mins when it should say 20 mins

    Also it states I have drug and alcohol abuse 
    Which is my incorrect - I don’t take drugs never have and am a non active alcoholic

    Is it ok to just make those corrections when I send in my evidence and reasons why I should be re awarded pip ?

    can I state that the report is inaccurate because I said I was fine when really I am not ... 
  • SingingSinging Member Posts: 135 Courageous
    Luckily for my area it is on average a 5 month wait I was told ? Mind you most people wait a year so who knows 
  • SingingSinging Member Posts: 135 Courageous
    Just those three corrections are really important because one alters the meaning totally, the next is a reason why I dispute - the assessment was 20 mins long so too short. And the last makes me look bad for no reason. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The time the assessment took is no longer relevant because HMCTS won't be at all interested in that. The assessment has gone now and you're now at Tribunal stage. The same with the spelling error.

    Arguing about either of those will not get you a PIP award. Concentrating on what i advised in my previous advice and you'll have more of a chance of the decision going in your favour.

    For the drug and alcohol abuse statement then there's no harm in briefly correcting that and then move on.

    The reason why you disagree with DWP decision is because you think you're entitled to PIP but you need to tell them why you think you're entitled to it, as advised.
    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.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    Singing said:
    Just those three corrections are really important because one alters the meaning totally, the next is a reason why I dispute - the assessment was 20 mins long so too short. And the last makes me look bad for no reason. 
    @singing - think about how you are going to show that you should get PIP.

    Even if you were to show that the the assessment was too short you're still no nearer being awarded PIP. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Each assessment time is different, there's no average time for an assessment. My shortest one was 15 minutes, my longest was 1 hour 10 minutes, with various times in between that. Awarded successfully each time.
    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.
  • SingingSinging Member Posts: 135 Courageous
    Hi- thanks for your help-
    Ok I will focus on my reasons why I am entitled to pip then.


    Another thing is that the report I got back the dwp have requested to dismiss the appeal - is that normal 
  • SingingSinging Member Posts: 135 Courageous
    Should I write them a letter requesting that they don’t dismiss my appeal as requested ?
    Just a simple and polite one line letter ? 
  • SingingSinging Member Posts: 135 Courageous
    Thank you for your help - it’s hard to see when you are in it what to do or focus on.
    Thank you
  • SingingSinging Member Posts: 135 Courageous

    I was thinking of just sending this letter - and then working on outlining why I fit the PIP descriptors.

    Can you see why it’s slightly challenging ? I pretended I was fine in the assessment because I was on my own and scared. Which is what I do when I’m in survival mode. 

    Should I not worry about that now and assume they will ask me if need be at the tribunal ? 

    As I did state that in my appeal-


    (Letter)

    Please do not dismiss my appeal as requested by 

    I would like the opportunity to appeal. To put this in simple reasoning, the assessment was too short, and I felt under social and mental pressure to pretend that everything was fine.

    When it really wasn’t.

    This indicates the discrepancies in the report and the reality of my daily living. Which I would like a chance to speak about.

    I would also like to add, that I am not a drug or alcohol abuser. 

    I am a non-active alcoholic and that is all.

    I am willing to talk about anything. 

    And would like the chance to be heard of the real experience of my daily living and why I fit the descriptors for PIP. Which is difficult for even me to admit to but I will.

    Thank you for your time.

    Selva. 





  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2019
    Singing said:

    Another thing is that the report I got back the dwp have requested to dismiss the appeal - is that normal 
    It's perfectly normal for DWP to appose the appeal and request it to be dismissed. This is because they don't think you're entitled to claim it, which is why you were refused.

    You do not need to respond to that because HMCTS would not dismiss the appeal, it will go ahead. You do not need to respond with that letter above. Concentrate on what you've been advised in previous comments.


    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.
  • SingingSinging Member Posts: 135 Courageous
     Hi Poppy, I respect that I do not need to but this is quite important to me. Otherwise my whole appeal kind of looks confusing. And I just feel like I have the right to speak up for myself. I don’t think I’m being rude. And then I can concentrate on what I need to concentrate on. I do respect your Wisdom But I also experience a very isolating Way of being. So, I was just wondering if I have nothing to lose by writing this polite letter.? Just so that I can clarify things for myself and then I can move forward.
  • SingingSinging Member Posts: 135 Courageous
     I don’t know, it’s so confusing.  Strangely enough, I get the most clarity when I have to be in a extreme situation like this. For example, this is the first time that even I’ve had a genuine insight into how bad things really are. Because. I am used to pretending that I am fine just to survive. Which I end up pretending to even myself. Also,I’m intelligent Whatever that means. When I was as young as five, people would come and ask me questions and do tests on me because they said my IQ was high so I skipped a year.So sometimes people assume that means I’m not insane! When actually my psychiatrist said that my high intelligence is a big part of the problem.So I have to explain that as well, Thank you for listening and helping. Do you have any thoughts on what I have just mentioned? I’m starting to have some insight into what is really difficult for me all the time
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Why would your appeal look confusing? No one said you were being rude but writing that letter isn't going to help your appeal, so it's pointless. There's no such thing as an assessment being too short because there's no average time for anyone, it depends on what questions need to be asked and the answers given.

    What will help is to concentrate purely on where and why you think you should have scored those points.

    People learn to adjust to their way of life so things "seem" normal, until you write things down or think about things in a different way, you realise that they need more help than they thought. I'm exactly the same because over the years i've learnt to adjust.

    Presenting your case to the Tribunal and your oral addition on the day of the hearing is your chance to put your point across to them, so you will have a chance.
    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.
  • SingingSinging Member Posts: 135 Courageous
    Yeah, I guess I just want to send it because I’m sick of feeling threatened, and you know this is my life despite That, and I just want to stand up for myself and reply, because this letter came into my house I have the right to reply I know it doesn’t help my PIP but if it doesn’t harm it then what’s the harm? Could there be?
    selva
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's your decision at the end of the day because it's your Tribunal. Do be aware though that a poorly presented case can lead to refusal.

    I can't give you anymore advice than i already have. Good luck and do let us know the outcome.
    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.
  • SingingSinging Member Posts: 135 Courageous
    Thank you poppy - I think my appeal looks confusing, because in my assessment I was pretending I was fine because that’s what I do when I’m in survival mode. And then in my appeal I was saying how my daily life really is. I did explain this in my appeal I said that I felt pressured to say I can do things that I can’t. So maybe I don’t need to write the letter. That is what I am concerned about, Presenting my case properly. because, I have to make my case on that basis. That there are discrepancies Between the report and my actual daily living, because I’m so used to having to pretend I’m fine. Does this make sense
    And then, I need to obviously focus very clearly on explaining the descriptors and the reasons why I am entitled to PIP. Which is the main point I am aware of that. It is frightening, to have to face up to. But that is what I’m gathering is the main point of my case. But obviously I just wanted to defend myself because the way they are presenting the case is that I said I’m okay, when actually, I’m not.
     Just talking and thinking this out loud is really helpful staff. I am starting to see that, it might not even be necessary for me to explain this. It might just be necessary that I focus on why I believe I am entitled to PIP. It just helps me in my mind, because it’s confusing to me as to why I would go there, and say I’m okay in an assessment, because I know that I’m not. That’s quite difficult to explain why somebody would do that. But, it is a defence mechanism that I am used to doing, because I’ve been in so many situations where It’s necessary. To do that. so that I can get away from the situation safely.
  • SingingSinging Member Posts: 135 Courageous
    I will focus on the PIP descriptors now. And leave the letter for now

    From this discussion and my learning of it here, it seems like the most important thing.

    Thank you
  • SingingSinging Member Posts: 135 Courageous
    Thank you so much.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Singing said:
    I will focus on the PIP descriptors now. And leave the letter for now

    From this discussion and my learning of it here, it seems like the most important thing.

    Thank you
    You're very welcome. Indeed, it is the most important thing. What did or didn't happen during the assessment and the discrepancies in the report are not important now.


    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.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Wish you the best of luck with it @Singing and please let us know if we can do anything else to help. :)
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @Singing - does this help?

    Think of it like sitting an exam - before you start you need to understand the question (otherwise you can't answer it!!)

    So when you look at 'Preparing food' what the DWP mean by that is:-

    a claimant’s ability to prepare and cook a simple meal for one from fresh ingredients. It assesses ability to open packaging, peel and chop, serve food on to a plate and use a microwave oven or cooker hob to cook or heat food. Serving food means transferring food to a plate or bowl, it does not include presentation. 

    You need to tell them what difficulties you have, and what hep/assistance/aids you need.

    Don't tell them that you can't get food out of the oven, carry plates to the dining room, or cook a family meal - because these AREN'T included...

    Apply this to each of the descriptors that you have difficulty with and you're on the right lines...

    Good luck...

  • SingingSinging Member Posts: 135 Courageous
    Ok, right, thank you.
Sign in or join us to comment.