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No specialist input or meds? Help!

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Hi guys and gals
i have a client awarded PIP in 2016. he had a cpn and was taking meds then
5 months later he refused to engage, and refused to medicate further, stating it made him feel worse
2019 PIP : as no specialist input or medication in place hes ok and zero points
i remember some caselaw that states that its irrelevant that people dont have specialist input, but i cant for the life of me find it
Thanks in advance

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Often discussed on here, this is a useful thread: https://www.rightsnet.org.uk/forums/viewthread/17167

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Not about to demur from Derek’s and Peter’s caselaw reference / deed.

But here’s the erm HP’s journey product thingy guidance for viewing purposes.

HP guidance the PIP assessment guide part 1: the assessment process – Informal observations states the following https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process held that - :

‘1.6.36 when considering mental health medication HPs should remember that not all claimants with a mental health condition will be on medication or receiving therapy. Severity of a mental health condition does not necessarily correspond with the type or dosage of medication that the claimant is receiving. There are a number of reasons why a claimant may be unable or choose not to take mental health medication, for example, but not limited to:
• poor compliance due to the nature of mental health condition
• side effects or difficulty tolerating medication
• lack of efficacy
• preference for psychological therapy instead of medication
• complicating factors, for example excessive alcohol consumption
Therefore absence of medication does not automatically mean that the health condition is not severe. However, HPs should consider the type and context of certain medications, for example use of depot antipsychotic injections in psychotic disorders.
HPs should also take into account that some medications are used to treat different conditions, for example some antidepressants are also licenced to treat anxiety. HPs must also consider the use of other treatments such as psychological therapies’.