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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Client with mental health problems and a history of drug and alcohol misuse. 

Unite1
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Employment law & benefit appeal rep, the Initiative Factory, Liverpool

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Joined: 26 June 2017

My client wishes to claim PIP. She has attempted suicide on at least 4 occasions . Has not been sectioned but has been admitted to a secure mental health unit. I’m wondering whether my thoughts on completing the form concur with others on Rightsnet. She also has a WCA next month, comments on this as well, please? Thanks

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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I’d be very cautious about completing any claim form on behalf of someone, without their knowledge and authority. It may seem like the most expedient course if, as with your client, they have been sectioned but that doesn’t grant you, as an adviser, any authority to make executive decisions on their behalf.

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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I’m not clear what your “thoughts on completing the form ” are? If you mean completing without claimant knowing then I agree with Paul - you shouldn’t do.

Unite1
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Employment law & benefit appeal rep, the Initiative Factory, Liverpool

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Not planning on completing form in the absence of my client.

The usual mental health approach, prompting etc.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Your client will probably have a named worker on the ward who might be persuaded to do the form; alternatively they might have an advice clinic or specified worker who can deal with it.

I deal predominantly with two hospitals; one has a benefit clerk who is happy to deal with stuff like pIP forms; they’re also responsible for issuing med10s (which will be useful for bypassing the impending WCA). The other hospital has their local CAB going in once a fortnight to help with stuff like this while the doctors’ secretaries issue med10s.

There will be a risk assessment that, if you’re lucky, will discuss any risk of self neglect; useful evidence for the PIP claim if you can lay your hands on it.

As to the WCA ( to save posting across two threads) give them a med10 and a covering letter arguing that it is not just while she is in hospital but the period of recovery that engages reg 25 ESA regs such that she should continue to be treated as LCW on discharge. I usually get a good reception in these kind of cases with that argument. Also, due to the perceieived risk; after all they don’t put people into secure units lightly, she should also satisfy reg 35(2)