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Should I try for a mandatory reconsideration?

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6 months 3 weeks ago #290685 by Dragonflynine
Should I try for a mandatory reconsideration? was created by Dragonflynine
Hi, I am hoping you might be able to help. I submitted my first ever PIP claim in January of this year (With help from the PIP guidance notes on this website) and had a letter two weeks ago saying that I have been declined/refused.

I have Complex PTSD/Avoidant personality disorder which has had a profoundly adverse effect on my life. I am now 45 years old and haven't been able to establish a normal adult life for myself because of the issues I have had with nervous system dysregulation. From childhood trauma avoidance became a way that I maintained the stability of my nervous system. But that same avoidance has had a profound effect on my life - I am now 45 years old without a home, career, family/partner etc. I have been out of the workforce and living frugally on an inheritance from my dad's death for over 10 years. 2 years ago I attempted to go back into the workforce and got part-time work, but within 2 months I had so much anxiety because of the level of fear I have working with other people that I couldn't maintain the job, was having to self-medicate to get into work, went off sick and eventually had to quit. I thought this would be enough evidence to gain me 8 points on the dealing with other people face to face question, as I have only been able to hold down work for two months in 10 years which could have been corroborated by the DWP by the fact that I have been economically inactive for all those other years, but apparently not - apparently because I can answer the door to someone or speak to a cashier in the supermarket I am fine. I submitted my PIP form with a Psychiatrists letter confirming my diagnosis dated December 2023 which stated that my condition was unlikely to change and further supporting evidence from a Cognitive Analytical Therapist I saw within the NHS last year, and therefore I thought I had a good chance of being awarded some help.

My question is whether it is worth requesting a mandatory reconsideration/potentially pushing this further to tribunal etc. I feel that the PIP form is primarily geared towards physical impairment and therefore although I have a severe and profound problem that has effectively devastated my life, it's difficult to get that across within the parameters of the PIP form. I have also been told by the Citizens Advice Bureau that I had no chance of being awarded.

The stress of being declined has also really knocked me and therefore I am slightly unwilling to push this any further if my claim is unlikely to be successful. I kind of can't believe it, I have always just tried to keep going, be as self-contained as possible and have been reluctant to ask for help. This is the first time that I have asked for some financial support, which would mean the difference between staying well or becoming ill.

I would really appreciate any advice on my situation, or if you know any specific agencies/organisations who could help me put across the problems associated with Complex PTSD/Avoidant Personality Disorder.

Many Thanks in advance,
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6 months 3 weeks ago #290690 by Catherine
Replied by Catherine on topic Should I try for a mandatory reconsideration?
Hello Dragonflynine,

You are right the PIP form does feel as if it is written for people with physical difficulties rather than mental or developmental ones. But I can assure that the law has been interpreted to show that people with all kinds of difficulties are equally entitled to it.

I can always appreciate what a slap in the face it is to put a huge amount of effort into doing the form and then getting 0 points.

It is impossible for us to say what award we think you should have got and that is also outside the scope of this forum. However, if you came to me as a potential client with the information you have put in your post I would certainly say lets apply for it!

I am sorry that you approached someone who thought that you would not be successful. Perhaps it was someone who has not had much experience in supporting people with mental issues? I would suggest that you try to find someone else advicelocal.uk/find-an-adviser can help. If not, line up those cups of tea or coffee and go for it! Request a copy of the PA4 form, read it, and then when fueled by indignation get writing about how the accessor has not represented the difficulties you have.

Wishing you success,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 months 2 weeks ago #290720 by Dragonflynine
Replied by Dragonflynine on topic Should I try for a mandatory reconsideration?
Hi Catherine,

When you say 'if I came to you as a potential client' - is there any way of working with you on this?

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6 months 2 weeks ago #290733 by Gary
Hi Dragonflynine

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

We would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk

Gary

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