Hi
I tried claiming PIP last year on the basis of my anxiety and my hyper mobility syndrome. I have social anxiety and can't go out without someone with me. I don't really socialise (and never without support) and struggle with interaction. My hyper mobility has led to multi-directional instability in my shoulder which means it partially dislocates several times a day. I can't raise my right arm above my shoulder or put it behind my back. I need help washing my hair and for things like fastening my bra, getting jackets on, etc.
I was initially awarded 3 points in daily living and 4 in mobility. I done my mandatory consideration but the decision was upheld. Apparently I didn't appear anxious at my interview despite the breathing exercises I had to do in the waiting room to calm down, the fact I had to take my nana with me, had suffered sleepless nights in the run up and had spent the morning in the toilet. But I didn't look anxious so...
I went to tribunal in January and unfortunately lost. My adviser from money matters said that it was a poor tribunal - that the doctors were asking me questions as if to back up the DWP decision rather than make their own. The doctor had asked why I wasn't banging down the doctors door begging for help and how I could be overwhelmingly anxious if I could drive a car (I had repeatedly said that I don't drive while anxious and that driving a car didn't involve dealing with people.) I was asked barely anything on the physical side. Really just why can't you fasten your bra at the front and then slip it round? I explained that that kind of twisting movement would cause subluxation and pain.
My adviser asked for a statement of reasons which arrive yesterday (3 months after my tribunal). It basically says that there's a contraction between my evidence and what the doctor though. They said they believe I answered questions glibly, was vague and was deliberately exaggerating to get an award. They said that the lack of specialist treatment of referral especially regarding my 'claimed mental health issue' showed my difficulties weren't as bad as I was making out. I had told them at the tribunal that I was on a waiting list for CBT (which is about 9 months) and was seeing the physiotherapist for my shoulder. They also wrote that I was unreliable and lacked credibility so they wouldn't waste time explaining why I was refused each descriptor. They finished by saying that the letters from my doctor and surgeon confirmed my diagnosis but didn't contradict their belief that I was exaggerating.
I spoke with my adviser this morning and she was quite angry about the whole thing. She was angry that they've obviously mistaken my anxious behaviour (which is worse when interacting with people) as deception. She said that saying I'm unreliable and then refusing to explain why I failed each descriptor is a bit of a cop-out. However it's quite hard to argue against the unreliable reasoning. She's going to see if there's any case law about credibility and mental health issues to back me up.
Unfortunately my adviser is going on holiday until the 17th May and I have to apply for upper tier tribunal (if I have a case) by 21st May.
Does anyone have any experience with something like this? Do you know of any case law that could help? I think the whole thing in completely unfair. Anxious behaviour can often make someone look cagey and that they're lying. I wish they could realise that I was freaking out and anxious rather than lying. I feel like my struggles have been completely invalidated. The reason I may have appeared vague at the tribunal was because I had brain fog and I had to stop answering questions a couple of times because I couldn't talk for crying.
Any help and advice is welcome.
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Though I don't claim anything.
