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.

Pip decision, enhanced care removed

leah597leah597 Member Posts: 2 Listener
Hi there my name's Leah I am new to the site.

I had my pip reward letter come yesterday and my enhanced care has been dropped to standard.
The decision part the assessor wrote that i should not need any help anymore as I am on enough medication to control my illnesses.
I suffer with depression, social anxiety, borderline personality, paranoid Schizophrenia, aspergers and fibromyalgia.
I explained in my documents I provided that the mental health team asked the council to waver the bedroom tax as I need a nightly carer, my medication is handled by my family and is not allowed in my home due to suicide risks, and I have also been advised by mental health nurse not to use the hot appliances in my home as the medication I take causes not just sleep walking but forgetfulness and I have left food cooking over night before.
When the assessor came to my flat my dad was there and he left the room and sat in the bedroom while I had the assessment, and then let her out once the assessment was over.
I was shocked today that the assessor has said that I should not need any help now as I receive medication for my illnesses, she also said I have no problem leaving the house because I was able to speak to her and she was a stranger. She said I eat 1-2 meals a day and I don't have a dieteition, this part especially confused me as I never said I did I have always said I can prepare cold food and have a stool to help with long standing but preparing hot food is too dangerous for me to do alone. And then she ended the note saying she has done me a favour by granting me pip until 2022.
I'm so upset I don't know what to do, at one point during the assessment I started crying and shaking and she said do you want me to stop the interview? And I said no I have to do this I got no choice, but in her decision letter she said I was calm and chatty during the assessment.
Do I try and appeal this now? I don't know it any more documents of proof I can get to help me, this woman is destroying my mental health and I can't remember what she looks like!!!! If she had blonde hair or brown? I couldn't even look at her the attire assessment.

Any help would be greatly appreciated, sorry for the rambling 




Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited March 2020
    Hello @leah597   Pleased to meet you.

    Thank you for joining and sharing.

    Sorry to hear what you have experienced.

    Please can I ask you have a mental health team. They should have been attending with you on the day of the assessment.

    Speak on your behalf your support worker or outreach worker.  Member of your team to help explain every thing.

    If the team you have does not  wish to attend your assessments.  Something myself have experienced from Council teams.

    Make a complaint or either look at other options and choices.

    Many mental health charities I used . Attended all assessments.

    Offer form filling in the anything benefit, welfare, housing any underlying health problems . Information and advice on all of those.

    What going to happen, sent reports, care plans with PIP form.

    Explained appeal procedure offer a lot of support after wards talk about next steps and any thing else.

    If not doing all of that need to think about alternatives, changes.

    Your entitled to mental health care that is good, supportive and working to cope with your conditions, problems.

    Please have a look at these links.

    https://www.richmondfellowship.org.uk

    https://www.mind.org.uk

    https://www.rethink.org

    You can self refer or speak to your GP.  Might not be in all areas.

    Please you need to appeal any decisions.

    My friend @poppy123456 member of our team will advise to help you.

    The lady has expertise and knowledge on anything benefits.

    One final point with any mental health issues you have please contact me if I can help.

    Offer compassion, empathy and sensitivity.

    Please take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    Thanks to my friend thespiceman for the tag.

    You now have 1 month from the date of the decision to request the mandatory reconsideration (MR) you should put this in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    You should avoid mentioning any lies that may have been told by the assessor because you can prove what did or didn't happen during the assessment. Any complaints should be sent to the health assessment providers.

    Although you have a carer at night, night time care isn't exactly considered for any of the PIP descriptors/criteria. What is considered is how your conditions affect you at least 50% of the time over a 12 month period.

    Just because you're taking medication doesn't mean you don't need as much help and support as you did previously, that's nonsense.

    Here's some links which may help you.


    If you can get some help/support and advice from an advice agency near you then i'd advise you to do that. This link will tell you what's local to you. https://advicelocal.uk/

    Do be aware that most MR decisions remain the same, so it's likely you'll have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour. The only downside is that waiting times are huge across most of the country and lots of people are waiting about a year for a hearing date.



    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.
  • Alice_HoltAlice_Holt Member Posts: 46 Courageous
    edited March 2020
    What award did you get and how many points did you score for which descriptors?

    This - "she also said I have no problem leaving the house because I was able to speak to her and she was a stranger" - is completely wrong, and not the correct legal test. 

    Have you got a copy of the assessment report.

    The guide poppy has linked to is an excellent source of information. Worth reading carefully.

    Also, you may find these links useful:
    https://www.rethink.org/advice-and-information/rights-restrictions/money-benefits-and-employment/personal-independence-payment-pip/

    https://www.benefitsandwork.co.uk/personal-independence-payment-pip

    Here is some info about the mandatory reconsideration process:
    https://www.gov.uk/mandatory-reconsideration
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

    How long did you have an enhanced award previously - is it for both Daily Living & Mobility?
    What medication / treatments were you getting then?  Has your condition / abilities changed?

    If you do challenge the decision, would the MHT support your appeal, and be willing to write a brief letter in support?

    (Sorry, lots of questions!)


      
Sign in or join us to comment.