PIP, DLA and AA
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Complicated PIP advice needed

lorutianlorutian Member Posts: 1 Listener
edited August 2020 in PIP, DLA and AA
I’ll try and be concise (sorry if it still runs long) but if any one could offer help it would be very appreciated.

A bit of background: 
• I have a heart condition that causes random fainting and black outs without warning at least 2 times a week. It also means I get random spouts of tachycardia lasting hours (pulse well above 200) which make me unsteady on my feet, nauseous, dizzy and eyesight goes. These happen 3-4 times every day.
• I have agoraphobia, ptsd, anxiety and depression (these impact me by lack of motivation to dress, wash, cook, eat, generally take care of myself, or leave the house. I also can’t use telephones at all.
• I have blinding migraines that following a blood clot on the brain a few years back. These leave me bed bound for days at a time and happen ever couple of weeks or so and for the week after I’m weak and generally poorly. 

With help from my only friend (who I’ve never met in person and only speak to by messages online) I typed up my PIP application and wrote “see attached sheets” on each section because I struggle with handwriting and it was easier to work collaboratively with her. I also sent my ESA assessment report, a letter I wrote and a letter from my friend (I also explained why I don’t have much evidence because I find it too difficult to engage with medical professionals). 

Anyway, I was lucky enough to have a paper-based assessment which I believe was down to them having evidence the WCA was so traumatising for me (I won’t go into detail unless I need to?) and my friend expressing concerns as to my mental state if I did attend.

I was awarded standard care and high mobility with recommendation of review in 1 year. I scored 11 Points for care.

This is where it gets interesting/complicated. In the assessment report she says she did not receive the additional sheets where I answered the PIP2 and that the assessment is based solely on her medical knowledge, my letter and the WCA report. 
It also only awards for my physical condition as it says she can’t comment on mental health as has no information about it.

For example, washing and bathing she scored supervision due to passing out and in the explanation she writes she can’t judge regarding mental health / prompting because I didn’t fill in PIP2. This is repeated for almost every question. 

I didn’t score for engaging with others or anything social / relating to mental health which is where I should really have scored the most points. I understand this is because she had no information on it but the very fact they did it paper-based due to my distress should surely be taken into account? 

Also the 1 year review, they note that I’m due surgery for my heart conditions, so I understand why a year. But my mental health has been an issue all my life and will not be better in a year, I feel if they had taken my mental health into account it would be a longer review.

So my questions:
1- is there anything I can do about them losing my PIP2 answers? Each page had my name and NI on them and contained personal and private information. 
2 - can I appeal just the length of award?
3 - if I do appeal (MR) is it possible for me to lose what I currently have?

I don’t really care about enhanced care (although I think I meet the criteria, engaging should have been 8 points alone). Obviously the extra £30 would be handy but it’s more the principal. I feel like they have totally ignored and disregarded my mental health and as troublesome as the heart and migraines are, my mental health are by far more disabling for me. 

Replies

  • Tori_ScopeTori_Scope Posts: 4,010

    Scope community team

    Hello and welcome to the community @lorutian

    Just to let you know, I'm moving your post into the PIP, DLA, and AA category so that more of our members can find and answer your post. 

    We get a lot of PIP questions here, so I'm sure someone will have some answers for you :)
    Online Community Coordinator, she/her

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

    Any decision can be appealed by first requesting the MR and then Tribunal if that fails. Will you lose what you already have? No one on an internet forum can answer that question because no none knows exactly how your conditions affect you against the PIP descriptors.

    To request the 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.

    The award length can also be challenged by simply asking for a longer award and stating why you think you should have been given this.

    Hope this helps. Good luck, what ever you decide.
    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.
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    lorutian said:

    I didn’t score for engaging with others or anything social / relating to mental health which is where I should really have scored the most points. I understand this is because she had no information on it but the very fact they did it paper-based due to my distress should surely be taken into account? 

    Also the 1 year review, they note that I’m due surgery for my heart conditions, so I understand why a year. But my mental health has been an issue all my life and will not be better in a year, I feel if they had taken my mental health into account it would be a longer review.

    So my questions:
    1- is there anything I can do about them losing my PIP2 answers? Each page had my name and NI on them and contained personal and private information. 
    2 - can I appeal just the length of award?
    3 - if I do appeal (MR) is it possible for me to lose what I currently have?

    I don’t really care about enhanced care (although I think I meet the criteria, engaging should have been 8 points alone). Obviously the extra £30 would be handy but it’s more the principal. I feel like they have totally ignored and disregarded my mental health and as troublesome as the heart and migraines are, my mental health are by far more disabling for me. 
    I’m afraid I don’t see anything especially complicated here. 

    If you’re not bothered about achieving enhanced rate daily living then accept the award as is. 

    If you want to challenge just the length of the award without looking at the rates then you can do that. See https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-pip-appeal-can-be-pursued-where-sole-issue-of-challenge-is-question

    Yours is an unfortunate mix of a paper assessment and papers being lost. It’s not really the subject for a complaint. Stuff happens. I have no idea what “the very fact they did it paper-based due to my distress should surely be taken into account?“ means. There’s nothing to “take into account”. Either they know about your mental health or they don’t. They didn’t appear to and they don’t have magic powers to imagine how bad something they don’t know about might be. 

    If you want the additional sheets taken into account then the only way is to do a mandatory reconsideration and re-submit them. In doing so you will need to decide whether your MR is against the amount of daily living, the award length or both. Your call. 

    Having says that, 2 other things leap out. 

    1 - if you scored 2 points on washing and bathing and the issue is motivation as you described then those 2 points are correct. There are no higher points available to you because of mental health as 4 d to g are all about needing physical assistance not prompting. 

    2 - nothing in your post, whether your list of conditions or your examples, suggests any obvious points for social engagement. A paper assessment suggests overwhelming psychological distress but there are many reasons for paper assessments, including simply having information to make a decision on, so, if possible, more information would be helpful.



  • Cher_ScopeCher_Scope Posts: 3,334

    Scope community team

    Hello @lorutian How are you today?

    Thank you for sharing your situation with us.  I know it's not easy accessing support and I'm glad you felt this was a safe space to do so.  

    It sounds like you have a lot of medical conditions to contend with that impact your day to day living and your mental health is a significant impairment.  It's not surprising you are upset by the loss of the additional paperwork and the evidence you prepared.  That would annoy the best of us and you have every right to feel the way you do.  Did you happen to keep a copy?

    I hope the advice given has helped answer your questions.  Please let us know if we can do anything else to support you.

    As an aside, can all members keep in mind that people arrive at our forum with varying understandings of the PIP process.  It can be confusing, anxiety-provoking and very overwhelming, therefore please respond supportively as you would expect in return :)
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I don't see anyone being anything other than supportive here or am i missing something?
    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.
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    Yes, I’m going to ignore that comment. Clearly aimed at me and not appropriate. 
  • woodbinewoodbine Member Posts: 3,719 Disability Gamechanger
    edited August 2020
    Have to agree with @poppy123456 and @mikehughescq I didn't see anything that was anything but helpful and supportive and to be honest far more useful than some of the drivel you read on here sometimes (that's not aimed at you @Cher_Scope) but you have to read through post after post saying yes I agree with that etc etc, its time consuming for those who actually have practical advice to offer.
    my advice is given freely and is correct to the best of my knowledge.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Welcome to the community @lorutian, great to have you here. :)

    How are you doing today?
    Community Partner
    Scope

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