PIP and Medication

Hi,

We have a couple of clients who refuse to take medication for a variety of reasons and we do seem to be getting lots of arguments against the client from the DWP and also, although less so, the Tribunals. In my submissions is it best to address the issue “head-on” and explain the reasons why?

Also, can a person gain any points under Activity 3 for PIP for their refusal to take medication and need to “forced” to take medication when they do?

Thanks

Adam

As always it depends on the individual facts of the case.

I think a reasonable approach is to weight the consequence of not taking medication against the reasons for not taking them. The level of medication is logically an indication of the severity of the condition, so as the gap between consequence and reason increases you might struggle to convince a tribunal.

Generally speaking a tribunal will pick up on the same (potential) issues as you. By highlighting them yourself you show both that you think they are entitled in spite of this, and can prepare evidence for it.

If there is a mandated use of force it would pretty clearly present as assistance in my view. It’s a very high bar to allow the use of force though.

I would largely ignore DWP arguments on the point as they remain determined to ignore years of case law and guidance as though it never happened. Any argument put in from MR onwards is just ignored.

Tribunals have a slightly sounder grip of the issues and as Va1der says it’s always better to address such things head on.

Presume you’re familiar with https://www.rightsnet.org.uk/forums/viewthread/15066 and https://www.rightsnet.org.uk/forums/viewthread/14346?

https://www.rightsnet.org.uk/forums/viewthread/17167 also occasionally relevant.

I’ve recent clients who have been prescribed the appropriate meds for their mental health and thyroid issues. Can’t take the former because it causes intolerance like reactions. Can’t take the latter because it causes straight up and dangerous allergic reactions. DWP routinely dismiss such cases out of hand with template based paras. and a certain level of pig-headed ignorance. I’ve stopped concerning myself with them. Tribunals are generally horrified it had to get that far.

Bcfu - 31 August 2023 01:15 PM

Also, can a person gain any points under Activity 3 for PIP for their refusal to take medication and need to “forced” to take medication when they do?

I don’t see why not. I don’t know what ‘forced’ is supposed to mean here but it is presumably some degree of ‘prompting’. Just remember that you only get 1 point for it if there is no therapy involved.