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DWP thinks as I work 3 days a week I am ‘fine’ - do MH claims fail ?
- SO8
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1 week 3 days ago #296478 by SO8
DWP thinks as I work 3 days a week I am ‘fine’ - do MH claims fail ? was created by SO8
Original PIP anwarded for 2 years after PTSD and Anxiety caused me to grind to a halt.
No job and doing everything a nightmare.
Treatment over 2 years and then a full time job …. Too much. Went to 4 days, lesser job …. Still too much … now 3 days a week and struggling. Just warned at work I’m not doing stuff right and basically that just increases my anxiety so can’t see me lasting (which I explained to DWP).
In my job I interact with different people and get there etc. DWP say this is evidence I am ok and as a result PIP was stopped. I am now at point of appeal and it really comes down to their grounds for refusal are the fact I manage to dress, travel and interact with people at work so am deemed by them as ok.
I kept saying the effort to get to work 3 days and manage it with my head etc burns me out for the rest of the week and means the other 4 days a week I just hide and don’t do ‘all’ the things I seemingly according to them manage for those 3 days.
I am a useless for the remaining 4 days of the week , a bundle of anxiety going over and over things in my head, and other stuff all explained in the PIP forms etc.
How can I get over to the appeal panel I struggle immensely the other 4 days ? I have tried writing it all to DWP …. They just bounced it back saying I worked.
My struggles are in the areas that are relevant to a PIP award. I am aware PIP is about how I am affected in daily activity as opposed to the condition itself.
Am I missing something ? The reassessment lady was not interested the minute I said I worked 3 days a week yet did not want to listen how I struggle it seems to me.
No job and doing everything a nightmare.
Treatment over 2 years and then a full time job …. Too much. Went to 4 days, lesser job …. Still too much … now 3 days a week and struggling. Just warned at work I’m not doing stuff right and basically that just increases my anxiety so can’t see me lasting (which I explained to DWP).
In my job I interact with different people and get there etc. DWP say this is evidence I am ok and as a result PIP was stopped. I am now at point of appeal and it really comes down to their grounds for refusal are the fact I manage to dress, travel and interact with people at work so am deemed by them as ok.
I kept saying the effort to get to work 3 days and manage it with my head etc burns me out for the rest of the week and means the other 4 days a week I just hide and don’t do ‘all’ the things I seemingly according to them manage for those 3 days.
I am a useless for the remaining 4 days of the week , a bundle of anxiety going over and over things in my head, and other stuff all explained in the PIP forms etc.
How can I get over to the appeal panel I struggle immensely the other 4 days ? I have tried writing it all to DWP …. They just bounced it back saying I worked.
My struggles are in the areas that are relevant to a PIP award. I am aware PIP is about how I am affected in daily activity as opposed to the condition itself.
Am I missing something ? The reassessment lady was not interested the minute I said I worked 3 days a week yet did not want to listen how I struggle it seems to me.
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- BIS
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1 week 2 days ago #296536 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP thinks as I work 3 days a week I am ‘fine’ - do MH claims fail ?
Hi S08
I'm sorry you find yourself in this position. There are claimants who work and have been awarded PIP, and there are many who have tried and been refused it. Undoubtedly many assessors assume that claimants who work can cope with most of the activities covered on the PIP form. If you're putting in for a Mandatory Reconsideration - you need to do so within one month of the date on the decision letter. If you haven't already got hold of it, you should ring the DWP and ask for a copy of the PA4 (the assessor's report) which should give you more details of why your award was removed. I can see from the DWP points of view if you have started work - since you first applied they will automatically see that as an improvement.
I understand that you work three days (which you are struggling with), and then you are overwhelmed on four days. It sounds as if you are trying to argue that you struggle the majority of the time - but I can see the DWP saying that you manage the 'majority' of time at work 3 days out of 5 and then you are tired on the other two days, and it's not that you can't do things - you choose not to do them. (Their view - not mine). So I think you may have to adjust your approach slightly. You need to emphasise that your PTSD and Anxiety are with you constantly and not let them think you only struggle on the four days at home, because if you have been criticised at work these difficulties are present and affecting your life in a detrimental way. It would help if you repeated that work are not happy with your performance and that it is your PTSD and Anxiety symptoms that are affecting your ability to do things. I don't know exactly what difficulties you have, but if you are slower or having problems communicating, then you need to spell it out. Remember that the person reading your form may not have any understanding of PTSD or Anxiety.
And you may go to work - but do you have difficulties getting out of bed, out of the house, travelling - what if something goes wrong or is not as you were expecting it. On a single day, if you have to talk to one person, does it cause you to shake, hide in the toilets, or leave work early ??? etc etc. Give any examples of how you are affected. I know you said that you explained all this on your form, but you will have to show why any assumptions the assessor has made are incorrect. Have a look at the Guide to PIP claims and reviews and check out every question and see if you could explain anything differently or see if you have missed something out that you should have said. If you have anyone who can write a letter who has witnessed your difficulties, then do so. Also look at the guide to challenging a medical report - you may find something useful in there.
Come back if you have any further questions and we will try and help
BIS
I'm sorry you find yourself in this position. There are claimants who work and have been awarded PIP, and there are many who have tried and been refused it. Undoubtedly many assessors assume that claimants who work can cope with most of the activities covered on the PIP form. If you're putting in for a Mandatory Reconsideration - you need to do so within one month of the date on the decision letter. If you haven't already got hold of it, you should ring the DWP and ask for a copy of the PA4 (the assessor's report) which should give you more details of why your award was removed. I can see from the DWP points of view if you have started work - since you first applied they will automatically see that as an improvement.
I understand that you work three days (which you are struggling with), and then you are overwhelmed on four days. It sounds as if you are trying to argue that you struggle the majority of the time - but I can see the DWP saying that you manage the 'majority' of time at work 3 days out of 5 and then you are tired on the other two days, and it's not that you can't do things - you choose not to do them. (Their view - not mine). So I think you may have to adjust your approach slightly. You need to emphasise that your PTSD and Anxiety are with you constantly and not let them think you only struggle on the four days at home, because if you have been criticised at work these difficulties are present and affecting your life in a detrimental way. It would help if you repeated that work are not happy with your performance and that it is your PTSD and Anxiety symptoms that are affecting your ability to do things. I don't know exactly what difficulties you have, but if you are slower or having problems communicating, then you need to spell it out. Remember that the person reading your form may not have any understanding of PTSD or Anxiety.
And you may go to work - but do you have difficulties getting out of bed, out of the house, travelling - what if something goes wrong or is not as you were expecting it. On a single day, if you have to talk to one person, does it cause you to shake, hide in the toilets, or leave work early ??? etc etc. Give any examples of how you are affected. I know you said that you explained all this on your form, but you will have to show why any assumptions the assessor has made are incorrect. Have a look at the Guide to PIP claims and reviews and check out every question and see if you could explain anything differently or see if you have missed something out that you should have said. If you have anyone who can write a letter who has witnessed your difficulties, then do so. Also look at the guide to challenging a medical report - you may find something useful in there.
Come back if you have any further questions and we will try and help
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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