Anyone had a PIP tribunal on mental health grounds

I was previously on DLA because I don't travel to unfamiliar places as I have depression and suffer badly with anxiety. However, when being transferred to PIP I wasn't given enough points as they stated that I needed "prompting" in order to travel to unfamiliar places, which just isn't true. I need my husband with me to drive and even then I still get anxious.

I asked for a mandatory reconsideration but was still given the same points. I now have my tribunal at the beginning of June and Im quite worried about it. I am on ESA in the support group and Im not just worried that the PIP tribunal may think Im not entitled to PIP but that the outcome of this will also affect my ESA when Im next assessed for this.

I have never had a face-to-face assessment for DLA or PIP and can only assume I was previously awarded DLA at the lower rate because they looked at the report of my ESA assessments.

Has anyone here had a tribunal for PIP on mental health grounds who can tell me what sort of things they asked you?

Hi Crystaltips,

My Godson had a, successful, PIP tribunal hearing last week. I cannot tell you what questions were asked but I can say that he reports being treated with respect and compassion.

Hi Crystaltips, I am in a similar position but at the Mandatory Reconsideration stage. I think that the travel piece may well hinge on DWP guidance (but not law) which suggests that claimants on mental health grounds can usually only score 4 points! However, my line of argument with DWP currently is that their guidance states that a claimant should be ‘Considered able to follow the route of an unfamiliar journey, if they would be capable of using public transport’. I have taken the line that the opposite must also be true i.e. if a claimant is incapable of using Public Transport due to overwhelming psychological distress then they should be considered unable to follow the route of an unfamiliar journey and thus would score 10 points.

I have pointed out to them that the PIP regulations (2013) and their own Staff guidance state clearly that 'prompting' means 'reminding, encouraging or explaining by another person’ and that this completely understates the requirement. Much of the evidence for this question should mirror that used in the engaging with people face to face section; where the definition of Psychological distress means 'distress relating to an enduring mental health condition'; and ‘overwhelming’ is taken as its ordinary meaning of ‘to overpower the thoughts, emotions or senses of’. As long as you have medical evidence to support your condition it shouldn't be too difficult to find sufficient nexus.

I have yet to have a response to my mandatory reconsideration, but would be happy to discuss the other sections if you needed help. There is probably a way to send me a Private Message, but a MOD would need to explain how to do this as I'm new to the site.

Hope this helps.

Hi VOR_S

There is no facility to PM another member on the site.

bro58

Hi I have sent a post in regarding the same thing - PIP tribunal re MH and the Decision makers attitude that people with enduring MH only need 'prompting' to go out. My daughters tribunal is tomorrow but as she is unable to attend her Mental Health Social Worker has asked them to make a paper based decision. You will see my post after moderation hopefully and I will post the results when we get them x

Other post can be seen : Here.