(panda) Matt. Suzi’s right - appeal. I know it seems a horrible process to go through (and it is, sorry) but, if you need the extra support you get from this, you need to fight
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(panda) Matt. Suzi’s right - appeal. I know it seems a horrible process to go through (and it is, sorry) but, if you need the extra support you get from this, you need to fight
Hey guys,
Thank you so much for your continued support and replies. Big luv and hugs. Sorry it's been a few days, haven't felt like typing.
I will appeal if I can. I'm waiting for a statement of reasons first but I'm also thinking of engaging a specialist lawyer to help me formulate a response for the Upper Tribunal on the point of law that may be arguable. It's all new to me.
I tried many times to he a referral to the MH team for a formal Social Anxiety Disorder diagnosis, but it's almost impossible where I live due to resources plus the waiting list is months so I probably wouldn't have got an assessment in time anyway for the hearing. If I'd known, my evidence, my GPs evidence, my therapists evidence, my sisters evidence was insufficient for them to demonstrate I have social anxiety, which is what they all said, then I would have paid for a private consultant assessment.
I don't know why they just disbelieve all that evidence, I mean what more do they actually want? If it was a physical illness with no nuance I'd probably be OK. Its just really frustrating when I know I'm being honest. I basically don't interact with anyone f2f, including using a phone due to anxiety. I have read some UT rulings that have successfully challenged the subtle difference between 'needs prompting' and 'needs social support' for engaging with others. That's what my situation is. I just want recognition of it's true impact on me, that's reasonable I think.
If I fail. I'll reapply with evidence from a consultant. This is incredibly stressful.
Thank you so much for reading and responding, very thoughtful and kind.(bear)
Continued health and happiness to you all
Hunni, don’t pay anyone to help you, there’s no need. To start with, the tribunal board are independent from DWP so are much more willing to listen to you. Second, as this story says http://www.bbc.co.uk/news/uk-42862904, the DWP are having to review over a million pip cases on mental health where they didn’t previously consider mobility issues for people with MH problems. You may find yours is one of those cases. Regardless, the tribunal will have to consider this court ruling when they do their assessment. Talk to Citizens Advice and ask them what they are recommending in light of this ruling.
Hi Paula,
Yes I saw that ruling, disgusting how the government tried to oppose it anyway. The minister doing that was my local Tory MP.
I thought that was referring to people already in receipt of PIP but not awarded mobility due to the anxiety/MH exclusion? Maybe I'm wrong. Anyway I will go to my local advice centre. We don't have CAB here. I may get a free 1/2 session with a local lawyer too. The first tier tribunal rejected my case, gave me 6 points I needed 8, so I'm having to appeal to the upper tribunal on points of law so it gets complex. I'll see what my options are, I'm still waiting for the statement of reasons. Really stressful but am trying to be kind to myself.
'2ce - 1ce for ESA and once for PIP'
What's this for your husband anyway Paula? He won his Tribunal?
It was my husband and yes for mental health including depression, social phobia, anxiety, panic attacks and paranoia...
Have you tried Fightback?
Hmm the correspondent who wrote that article said dwp had told her they’d be focusing on those whose claims were rejected, not those in receipt of the award. Which shows just how much confusion there is over this and why Organisations such as Fightback and Citizens Advice will be heavily focussed on this right now.
Just a thought, this new ruling is actually a point of law, surely?
Very true it's a point of law. I wasn't claiming any mobility component but as you say, it's a wee bit confusing. Maybe they'll review am MH claims.
I haven't tried Fightback. Is that the paid subscription website.
Thanks for the input guys.
Continued health to all(bear)
You can try calling Fightback or Disabled People Against Cuts who might be able to help...