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hello, this is my first post, PIP appeal

  • Shaun Flanagan
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10 years 3 days ago - 10 years 3 days ago #134473 by Shaun Flanagan
hello, this is my first post, PIP appeal was created by Shaun Flanagan
hello, I am an abuse survivor and suffer of e-PTSD, I claim ESA (income after having to leave Uni, partly because the DWP couldn't handle such a complex case) from IB but I was put in WRAG then lost my benefit while at Uni due to 12 months time limit. I was told to appeal which i did(Gordon Birtwistle ex-MP stood up in parliament and asked IDS to start the benefit changes in Burnley where they made a complete mess of) where I should have asked for a supersession according to the tribunal judge. I lost 12 months benefit but eventually I was moved into the care group, it has been living hell, I asked Gordon the MP at the time to look into it but all i got was a print out of all the decisions, couldn't make head nor tail of it?

I've never really wanted to rock the boat and didn't claim for DLA, after my dad passed away, then my step dad passed in July 2014, my mental health has deteriorated where I was diagnosed with extreme complex post traumatic stress disorder....nightmares, flashbacks hyper vigilance, internal explosions and the feeling if I committed suicide id make sure my abuser went with me? hence not leaving the house. so I applied PIP on the 14th December 2013, I had the medical in October 2014. I only got 2 points total.

I appealed and asked for a mandatory reconsideration where they removed the 2 points (I think out of spite tbh) despite a letter from my Uni warning me about aggressive behaviour, countless letters from my doctor, psychologists, diary.....

in the medical for PIP she said I had been mistreated by my doctor and I should see a psychiatrist, which I have. he has prescribed me anti psychotic medication, he said he would write to them or me. I have now lodged an appeal and I have just received the letter that the appeals report should have arrived, which it had.

I have followed the appeal guide from this site, but it didn't work, challenged presumptions that the DWP medical examiner thought i; understood my treatment more than I actually did, and that my condition fluctuates so much its difficult to put a typical day. I also advised I had 6mg of diazepam 3 x 30/500mg co-codomol 200mg sertraline to get through the door as I had a serious panic attack going to my ESA medical 2 weeks after the funeral.

my mum was with me and was told I would indeed get enough points, but at the end of the day its up to the DWP oh don't worry he not ready to commit suicide yet.

I called the tribunal advising them about a month trial for the anti psychotic increasing the dose, and that if im in the tribunal I may appear aggressive and after 1 1/2 year of pip, I just might explode.

the Dr advises I need to complete the triangle

drugs

therapy care

PIP/DWP failed to understand suffering depression is a symptom of PTSD not the illness itself and if you do to not have a CAT scan, ECG or x-ray to show them your lying. to me medical report seems to indirectly compare me to someone in a vegetative state, or that I wasn't throwing chairs about in a rage (with PTSD its internal rage) so your either 0 or full?????

just to top things off because my step dad was terminally ill during my exams, I didn't complete Uni and that now has turned into a massive dispute, but that's a different worry.

I find it very difficult to ask for help after being let down so much but has anyone had the same issues, could anyone advise me?

kind regards

shaun
Last edit: 10 years 3 days ago by .

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10 years 3 days ago #134484 by Gordon
Replied by Gordon on topic hello, this is my first post, PIP appeal
SF

Welcome to the forum

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


From what you have posted it would seem that your claim is centralised on the Mixing with other people Descriptor, do you believe that you can score points in any of the other Descriptor?

Concentrating on the Mixing Descriptor first. If this is the only Descriptor that you believe that you can score points for then you need to show

d. Cannot engage with other people due to such engagement causing either –
(i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points.


Whilst it should be possible to argue that "cannot" does not mean never, you may struggle to show that you meet this criteria if it is believed that you have regular contact with other people.

Looking at the other Descriptors, if you cannot score the 8 points from the Mixing descriptor then you will need to score at least 4 points and possibly more from the other Descriptors, given that you did not score any points after the MR then this could mean that you need to scoring points in at least two other Descriptors!

It is not uncommon for people with depression to require prompting to carry out their daily activities, would this be the case for yourself? This may offer a route to your scoring.

The Tribunal is an independent from the DWP and the panel will include a doctor who almost certainly have a better understanding of your problems than the DWP Decision Maker who has no medical training at all.

At appeal you have an opportunity to present new evidence, would those treating you be prepared to provide letters or reports in support of your claim? They will need to do this themselves as the Tribunal will not seek further evidence itself, with the possible exception of your medical records.

If you can supply more information by replying to this post we will try and provide further help if we can.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Shaun Flanagan
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10 years 3 days ago #134494 by Shaun Flanagan
Replied by Shaun Flanagan on topic hello, this is my first post, PIP appeal
thank you, I have altered my account to remove my last name.
sorry but you misunderstood me but it is a long post...but i was guessing that unless there is a CAT scan in front of the assessor they don't believe the claimant.
I focused on prompting for eating, getting dressed, cooking showering cleaning, long periods of sleep then days of anxiety. i don't go out unless with someone as im afraid

I've been unable to eat properly for weeks at a time (i have a problem with food not i cant be bothered to eat, in fact i have likened it to self mutilation by starving myself) with out humiliating my self it has got bad....

basically if i had to bump into my abuser i don't know how i would react, and my dreams are constantly playing this out from one extreme to the other, ive been disturbed for days over my nightmares. one of them i had to rip open my chest to put my hand around my heart and squeeze it to start it, it was real to me....

Also part of my abuse involved the shower, hence the problem with it...

i have got to the points where i might as well let it all out...it has been the most humiliating and degrading process that is cruel and inhumane, i wouldn't treat my dog like that.

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  • Shaun Flanagan
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10 years 3 days ago #134495 by Shaun Flanagan
Replied by Shaun Flanagan on topic hello, this is my first post, PIP appeal
oh I did do both descriptor of d, provided the letter from Uni saying it had already happened? i told her about the harm to others but it never appeared in the DWP response to my mandatory reconsideration, i have mentioned it in my appeal to the court.

yes i have given them letters, and i am waiting for a letter from my psychiatrist, but they don't seem to make any difference with the DWP?

i genuinely feel like they are trying to find any excuse not to award me, but the medical team are saying you need this care or i with be going round in circles??

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10 years 3 days ago #134510 by Gordon
Replied by Gordon on topic hello, this is my first post, PIP appeal
Shaun

I can see that recent research is suggesting that Cat Scans may be of use as a diagnostic tool for PTSD, from what I can see the results are promising but this is still some way away from being a standard diagnostic tool for this condition.

Further, I would make the point the doctors have been dealing with PTSD since the First World War, so don't get bogged down in assuming that this is a requirement, it far more likely that the person who assessed you did not have a fundamental understanding of the illness and how it affects those who suffer from it. The Decision Maker has no medical training and therefore is totally reliant on the assessor for medical opinion.

A Tribunal is a complete re-hearing of your claim and whilst the panel may take it's lead from the assessors report there will be a doctor on the panel, who will undoubtedly have a better understanding of the potential effects of PTSD and more importantly will be able to ask you directly how you are affected.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Shaun Flanagan
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9 years 11 months ago #135270 by Shaun Flanagan
Replied by Shaun Flanagan on topic update
I called the courts advising them of my behaviour can change if under stress, in my case I react like I thought I should have when being abused during 12-15 age which has wired my brain differently.

I was told 3 months wait for the tribunal but I then got a tribunal date of 1 june, how can a prepare for less than 2 weeks notice due to bank holiday, my psychiatrist advises me I must go and can only issue a report at the request of the court. I have just had a serious allergic reaction to some anti psychotic meds so who whos what will happen Monday, my carer is away but my sister can attend

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