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Pip disallowed for my husband
- Klsmith
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6 years 11 months ago #190261 by Klsmith
Pip disallowed for my husband was created by Klsmith
Hello, we have called DWP today for an update on my husbands claim and have been told that it has been disallowed. The decision was made yesterday so hopefully will get the letter explaining at some point later. I am just wanting to clarify if he should score points in these areas or if I have completely misunderstood the points scoring system.
He has autism spectrum disorder and part of that means that he has an under sensitivity to temperature, if he is left alone to bathe or shower he cannot tell if the water is tepid or scalding hot and he has burned himself quite badly in the past. So I have to test the water temperature for him before he gets into a bath or shower.
In the kitchen he puts his arms over boiling hot pans and burns and scalds his arms without realising.
With clothes he just wants to wear the same things every day for weeks at a time, it's quite a challenge getting him to wear new clothes and he often goes out without a coat even in snow and rain because he thinks coats weigh him down and he can't feel the temperature around him.
He also cannot tell when he is hungry or thirsty, he will go all day without eating because he doesn't have hunger signals. If I don't prompt him he would just have energy drinks.
He is affected in many other ways too but these are the areas that I am unsure how many points he should score. All of these things I have mentioned here were included in his medical report from the doctor who diagnosed him.
Any comments on this would be most helpful.
Many thanks
He has autism spectrum disorder and part of that means that he has an under sensitivity to temperature, if he is left alone to bathe or shower he cannot tell if the water is tepid or scalding hot and he has burned himself quite badly in the past. So I have to test the water temperature for him before he gets into a bath or shower.
In the kitchen he puts his arms over boiling hot pans and burns and scalds his arms without realising.
With clothes he just wants to wear the same things every day for weeks at a time, it's quite a challenge getting him to wear new clothes and he often goes out without a coat even in snow and rain because he thinks coats weigh him down and he can't feel the temperature around him.
He also cannot tell when he is hungry or thirsty, he will go all day without eating because he doesn't have hunger signals. If I don't prompt him he would just have energy drinks.
He is affected in many other ways too but these are the areas that I am unsure how many points he should score. All of these things I have mentioned here were included in his medical report from the doctor who diagnosed him.
Any comments on this would be most helpful.
Many thanks
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- Gordon
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6 years 11 months ago #190282 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip disallowed for my husband
Klsmith
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Based on your post I would expect him to score points, I can see the 8 points needed for a Standard award of the Daily Living component, but it could be down to how you have explained his problems or how the assessor has interpreted them.
You should be able to request a copy of the assessment report, if you have not done so already, contact the DWP office dealing with his claim.
Until you have the written Decision there is little else that that you can do.
Did you use our PIP Claim guide to help you complete the form? Either way it might be worth your going back through his PIP2 form to make sure that you have shown that he meets the criteria.
If you have further questions then reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Based on your post I would expect him to score points, I can see the 8 points needed for a Standard award of the Daily Living component, but it could be down to how you have explained his problems or how the assessor has interpreted them.
You should be able to request a copy of the assessment report, if you have not done so already, contact the DWP office dealing with his claim.
Until you have the written Decision there is little else that that you can do.
Did you use our PIP Claim guide to help you complete the form? Either way it might be worth your going back through his PIP2 form to make sure that you have shown that he meets the criteria.
If you have further questions then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Klsmith
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6 years 11 months ago #190368 by Klsmith
Replied by Klsmith on topic Pip disallowed for my husband
Thank you so much for your quick reply to my question, we have had the letter back today and I am in absolute shock, it is like reading about someone else's assessment and not my husbands. They have said that because the consultants letter says that he has 'high functioning' autism then he is able to cook and take nutrition unaided and that he showed adequate memory and concentration and that there is no evidence to support the restrictions claimed, but the evidence is on page 5 of the same medical report that they have referred to.
He also has walking difficulties due to pains he experiences in his legs which we don't yet know if they are related to his autism or a neurological condition that he is currently in the process of being diagnosed with and on the day of the assessment he was in a lot of pain, he walked very slowly with a stick and held onto me for support and the assessor has said in the report that he was able to walk at a normal pace and gait. I am shocked and confused, the assessor walked off ahead and had to come back for us when she realised we were still quite far behind her. Is it normal for assessors to lie like this and am I able to challenge it and ask them to check the CCTV footage to prove it?
I really appreciate any help that you can give at this stage.
He also has walking difficulties due to pains he experiences in his legs which we don't yet know if they are related to his autism or a neurological condition that he is currently in the process of being diagnosed with and on the day of the assessment he was in a lot of pain, he walked very slowly with a stick and held onto me for support and the assessor has said in the report that he was able to walk at a normal pace and gait. I am shocked and confused, the assessor walked off ahead and had to come back for us when she realised we were still quite far behind her. Is it normal for assessors to lie like this and am I able to challenge it and ask them to check the CCTV footage to prove it?
I really appreciate any help that you can give at this stage.
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- Gordon
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6 years 11 months ago #190375 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip disallowed for my husband
K
Is it usual for the report to seem to be in error? I need to put this in context, the majority of assessments are done professionally, an accurate report is produced and the claimant receives the award that they should.
Unfortunately, the system is not robust and an unreasonable number of claimants receive report and hence Decisions that are not representative of their actual limitations.
You do need to be aware that awards are made because the claimant has demonstrated that they meet the criteria for one, disputing the report is important but doing so won't lead to an award, the only way that this will happen is by your showing that you meet the Descriptors that are legally defined.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Is it usual for the report to seem to be in error? I need to put this in context, the majority of assessments are done professionally, an accurate report is produced and the claimant receives the award that they should.
Unfortunately, the system is not robust and an unreasonable number of claimants receive report and hence Decisions that are not representative of their actual limitations.
You do need to be aware that awards are made because the claimant has demonstrated that they meet the criteria for one, disputing the report is important but doing so won't lead to an award, the only way that this will happen is by your showing that you meet the Descriptors that are legally defined.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- denby
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6 years 11 months ago #190379 by denby
Replied by denby on topic Pip disallowed for my husband
Hi K, Sympathy for your nasty shock. Please do take Gordon's good advice. When we got to Tribunal it was a breath of fresh air as they were at such pains to stress they are 'nothing to do with' the DWP, and rapidly found in her favour, hope you will have the same good outcome. To reduce the lying is is why we always tape record the assessments, though as you may have seen from my query today this seems to be getting more problematic.
All the best.
All the best.
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