PIP claim and OCD

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Comments

  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    edited March 2023
    Becky93 said:
    The same details were also in my appeal, many of them were in my original claim. Indeed the only real difference is I literally spelled out the regulations and case law starting with mandatory reconsideration, everything actually about my condition had been submitted from the very start. I don't see how it would have made a difference if I'd done that at the mandatory reconsideration or appeal. Indeed you could argue it wouldn't have made a difference even if I never mentioned them, given all I'm really doing then is stating the law the judge at the tribunal would be expected to apply anyway. The main reason I mentioned them was in the hope the DWP would actually read what I am saying and realise their error, but like I say they never even acknowledged properly what I was saying with regards to the law, let and out apply it.
    So your MR DID make a difference. You said "literally spelled out the regulations and case law starting with mandatory reconsideration" which helped the tribunal to make there judgement.
    You said "all I'm really doing then is stating the law the judge at the tribunal would be expected to apply anyway"
    Many people are successful first time when they apply for PIP because they spell out in detail "how there disability/mental health affects them" (PIP2 Form) but the ones that fail either do not understand the activities or the descriptors and do not put forward strong verbal anicdotal written evidence on there PIP2 form. Another reason for faliure is they think that they are being assessed by a "Medical Proffessional" so they will understand what there condition is and how there condition would affect them and they do not put any detail on there PIP2 form.
    The Claimant must treat the form like a "Dummies Guide to there Condition" and treat the assessor as a person who does not know what there condition is because most likely the assessor will not be trained in mental health or physical disabilities so it is up to the claimant to spell it out on the form according to the activity and there descriptors there problems.
    Like I said many people have got PIP for OCD first time without having to appeal. Some have had to do MR and like yourself some have had to go all the way to appeal.
    I strongly advise the origional poster to put in a detailed and accurate MR.
  • JBS2022
    JBS2022 Scope Member Posts: 2,074 Championing
    edited March 2023
    Assessors are not necessarily medically trained, so are not required to know anything about how your condition affects you. All they need to do is ask questions, possibly make observations and fit you against the descriptors. Lots of people with OCD and other conditions are successful at claiming PIP first time. I think research and knowledge are extremely valuable when making a claim for PIP, it makes all the difference between a successful claim.
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    Hi everyone,

    I received the assessors report today and have had a good read at it. I scored 2 for food prep, 2 for washing and 2 for dressing. I scored nothing for everything else. The main one I want to query is engaging with people face to face. I feel that because I have a job that they have completely disregarded the information I have given them. I will outline this for you:

    I am a teacher, a select number of people in my place of work know about ocd but no one knows how badly it effects me. I am very good at hiding it. I enter school through the fire escape beside my room and remain either in my
    room or in a little room that our department use as a break room. I have a sink in my room
    so am able to wash in between classes. I limit physical contact with pupils and their work and am constantly in a state of anxiety which shows as me constantly being busy due to my brain working over time. The clothes I wear to work I can’t wear outside of work and when I get home I place them in a separate room so they can be washed (my husband will put them in the machine) I then must shower for an hour, brush my teeth, clean my nose, have my husband clean my phone. I don’t wear make up because I fear more contamination will stick to it and I would have to wash even longer to feel clean. I cannot do anything else until I feel clean after work and I do not bring home any work as I cannot have it in the house for fear of contamination. 

    So while I do work, it is something that causes me the biggest area of fear and anxiety, but at the same time I need the money and therefore I have to do it so I have to wash excessively etc to try and calm
    myself when I get home and get clean. 

    I do not socialise outside of going to work and on the rare occasion that I do, it will only be in a prearranged setting and my husband or mum will be with me. I will do the same
    washing rituals when I come
    home, even if it is the middle of the night. 

    My question is, do I have a case to score points in this area or am I wasting my time?
  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    Hi everyone,

    I received the assessors report today and have had a good read at it. I scored 2 for food prep, 2 for washing and 2 for dressing. I scored nothing for everything else.
    So you scored 6 points for daily living and that is 2 points short of a standard award for daily living.
    Now is the time to consider the activities you want to challenge with your Mandatory Recinsideration.
    You need to do your MR Letter withing 1 month but with a good reason you have 13 months to do a Mandatory Reconsideration for your claim so take your time and compose a detailed accurate MR letter.
    Do you have problems with OCD when using the toilet? Activity 5 or Managing toilet needs considers the ability of the claimant to get on and off the toilet, cleaning themselves after using the toilet and other things explained here https://pipinfo.net/activities/managing-toilet-needs-or-incontinence
    Do you have rituals when using the toilet?
    You might be able to get on and off the toilet fine but does your OCD affect your cleaning yourself?
    Do you use any aids to help with cleaning yourself?
    If you do what are those aids?
    Why do you use them?
    What would happen if you did not have the aids?
    The main one I want to query is engaging with people face to face. I feel that because I have a job that they have completely disregarded the information I have given them.......

    My question is, do I have a case to score points in this area or am I wasting my time?
    This I cannot help you with but if you want to look into this activity further I would strongly advise you search for your local wealfare advice center using this link https://advicelocal.uk/welfare-benefits and they will be able to assist you further with the activity of engaging with people face to face and all other activities that your OCD has an imapct on.
    I hope this has been of assistance
    Nasturtium
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    Hi everyone,

    I received the assessors report today and have had a good read at it. I scored 2 for food prep, 2 for washing and 2 for dressing. I scored nothing for everything else.
    So you scored 6 points for daily living and that is 2 points short of a standard award for daily living.
    Now is the time to consider the activities you want to challenge with your Mandatory Recinsideration.
    You need to do your MR Letter withing 1 month but with a good reason you have 13 months to do a Mandatory Reconsideration for your claim so take your time and compose a detailed accurate MR letter.
    Do you have problems with OCD when using the toilet? Activity 5 or Managing toilet needs considers the ability of the claimant to get on and off the toilet, cleaning themselves after using the toilet and other things explained here https://pipinfo.net/activities/managing-toilet-needs-or-incontinence
    Do you have rituals when using the toilet?
    You might be able to get on and off the toilet fine but does your OCD affect your cleaning yourself?
    Do you use any aids to help with cleaning yourself?
    If you do what are those aids?
    Why do you use them?
    What would happen if you did not have the aids?
    The main one I want to query is engaging with people face to face. I feel that because I have a job that they have completely disregarded the information I have given them.......

    My question is, do I have a case to score points in this area or am I wasting my time?
    This I cannot help you with but if you want to look into this activity further I would strongly advise you search for your local wealfare advice center using this link https://advicelocal.uk/welfare-benefits and they will be able to assist you further with the activity of engaging with people face to face and all other activities that your OCD has an imapct on.
    I hope this has been of assistance
    Nasturtium
    Thank you you have been a great help! Can I just ask, with the MR, am I able to state things that I didn’t put on my form or say in my assessment? The things you mentioned about the toilet I had not even thought of before and I do have rituals that I do 
  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    Thank you you have been a great help! Can I just ask, with the MR, am I able to state things that I didn’t put on my form or say in my assessment? The things you mentioned about the toilet I had not even thought of before and I do have rituals that I do 
    In my opinion I think it would be ok yes to include things in your mandatory reconsideration that you did not include on your claim form but like I advised you above get some advise from a trained welfare rights organisation and they will be able to advise you on that and other things that are to do with your claim.
    Nasturtium
  • chiarieds
    chiarieds Online Community Member Posts: 16,857 Championing
    Yes, now is the time to add anything not mentioned in your claim form or assessment.
    You may also find this site useful in general, & more specifically in regards to your query about 'engaging with other people face to face.' Please see: https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/pip-mental-health-guide/help-with-your-pip-claim/how-to-fill-in-the-pip-form/
    I would also suggest, as nasturtium has said, that doing a good MR is worth it. Yes, the decision most often remains the same, so you may decide to then proceed to a tribunal, & the wait for this can be long. However if you are successful with your MR, then your wait has been significantly reduced!
    As PIP is about activities of daily living, &/mobility, I would also suggest ensuring your MR is relevant to the descriptors that poppy has already linked to. What you may do during the nighttime wouldn't be considered.
    advicelocal that nasturtium has linked to is also very good resource to try.


  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    Hi everyone, 

    just an update, I received my decision letter on the 23rd March and the letter was dated 7th March, ridiculous that it took them over two weeks to send! Especially when  they want you to ask for a MR within one month of the date on the letter. I had my reply letter ready with more evidence snd a statement from my mum as well as a tribunal case that would be relevant to my case. I send it special delivery and I know it has arrived with them, just wondering do they notify you that they have it or do you just wait for their decision?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi everyone, 

    just an update, I received my decision letter on the 23rd March and the letter was dated 7th March, ridiculous that it took them over two weeks to send! Especially when  they want you to ask for a MR within one month of the date on the letter. I had my reply letter ready with more evidence snd a statement from my mum as well as a tribunal case that would be relevant to my case. I send it special delivery and I know it has arrived with them, just wondering do they notify you that they have it or do you just wait for their decision?

    It didn't take over 2 weeks to send the letter to you. Letters are printed out and sent in that days post. However, post going from DWP has to go through the same mail sorting process as post going to them. For this reason it can take anything up to 2 weeks to receive it.

    For your MR letter, although it will tell you it's arrived, it doesn't mean it's arrived with DWP. It will have been signed for by someone at Royal Mail sorting office in bulk. It's not classed as arriving until it's been added to the computer, which can take up to a couple of weeks. For this reason it's pointless sending anything to DWP special delivery. Proof of posting is all that's needed and is free from any Post office.
    They sometimes send a text to say they've received it but not always.
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    Hi everyone, 

    just an update, I received my decision letter on the 23rd March and the letter was dated 7th March, ridiculous that it took them over two weeks to send! Especially when  they want you to ask for a MR within one month of the date on the letter. I had my reply letter ready with more evidence snd a statement from my mum as well as a tribunal case that would be relevant to my case. I send it special delivery and I know it has arrived with them, just wondering do they notify you that they have it or do you just wait for their decision?

    It didn't take over 2 weeks to send the letter to you. Letters are printed out and sent in that days post. However, post going from DWP has to go through the same mail sorting process as post going to them. For this reason it can take anything up to 2 weeks to receive it.

    For your MR letter, although it will tell you it's arrived, it doesn't mean it's arrived with DWP. It will have been signed for by someone at Royal Mail sorting office in bulk. It's not classed as arriving until it's been added to the computer, which can take up to a couple of weeks. For this reason it's pointless sending anything to DWP special delivery. Proof of posting is all that's needed and is free from any Post office.
    They sometimes send a text to say they've received it but not always.
    Im beginning to understand why the system is badly In need of updating, glad I wasted £6!
  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    edited March 2023
    I have just been doing a little research on this and came across a FOI request about this subject.
    See bellow:-
    https://www.whatdotheyknow.com/request/624744/response/1493209/attach/html/2/WDTK Response 42991.pdf.html
    DWP Central Freedom of Information Team
    Our Ref: *removed by moderator - personal information*
    31 December 2019
    Dear Michel *removed by moderator - personal information*
    Thank you for your Freedom of Information (FoI) request received on 2 December. You asked:
    Could you please confirm that if post is sent signed for or recorded delivery it will be received into the mail handling site and booked in as if it was "normal" post. I have heard conflicting opinions about this issue. I have heard of several PIP2 or ESA50 forms going missing because they were returned signed for or recorded post. Can you please confirm this is not the
    case
    DWP Response:
    I confirm we hold information relating to your request. All post sent signed for either using special delivery or recorded delivery is individually signed for on receipt into the Departments Mail Opening Unit. ENGIE as the contracted supplier within the Mail Opening Unit would then process this post separately to standard postal deliveries to ensure end to end traceability for audit purposes. If you have any queries about this letter, please contact me quoting the reference number above.  
    Yours sincerely,
    DWP Central FoI Team
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,866 Championing
    Hey @nasturtium

    I know you got the information off another website but I just removed the last name and reference number in case the user didn't want those details posted elsewhere :) 
  • nasturtium
    nasturtium Online Community Member Posts: 390 Empowering
    Hey @nasturtium

    I know you got the information off another website but I just removed the last name and reference number in case the user didn't want those details posted elsewhere :) 
    Thank you Hannah.
    I should have noticed that myself and removed it. I removed all reference to emails but forgot the name :|
    Again thanks for your assistance and apologies for not noticing it myself before posting.
    Kind Regards
    Nasturtium
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    Hi everyone

    just an update. The MR did not change the decision, which was how I thought it would go despite me explaining further my condition and also a letter from my mum exposing how it affects me. I have now applied for a tribunal hearing and sent the forms yesterday. My question now is do the tribunal committee contact the dwp for all the evidence I sent them and for their assessments? The forms did not ask for any of this info so was puzzled as to how they get it. I am in Northern Ireland, have no idea of the waiting time but I am assuming at least 6months
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    DFC will be notified that you've requested the Tribunal. They will then need to respond by a certain date but they don't always respond by that date. DFC will send them everything you've already sent, which will include all your evidence, assessment reports and original form. You will then be sent everything in the "bundle." Timescales could be 7+ months.
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    hi everyone, just an update, I applied for tribunal in May, at the end of august I got a letter form appeals service asking for further medical evidence which I was able to send pretty much the same week. Last week I got a letter from pip with the response they had sent ti tribunal previously. I’m assuming this all means I may get my hearing this ride of Christmas fingers crossed. Has anyone any experience of these in Northern Ireland?
  • Jimm_Alumni
    Jimm_Alumni Scope alumni Posts: 5,717 Championing
    Have you contacted HMCTS about a possible tribunal date? I'm afraid I don't know anyone who has gone through these in Northern Ireland but I imagine the process is very similar. 

    Nidirect have a page on tribunal appeals, though this isn't PIP specific, it's for any benefits tribunals.
  • anyclearer
    anyclearer Online Community Member Posts: 13 Connected
    I have had a letter dated 9th October from PIP to send me the response they sent to appeals service and that appeals service will be in touch with details for the hearing. Then today I got another letter from PiP dated 12th October, saying they had received all the information they needed to make a decision on my claim and they would be in touch….. is this a mistake?