× Members

Hello I'm new.

More
6 years 10 months ago #190183 by Gordon
Replied by Gordon on topic So could this be positive news?
Mutty

We don't have any statistics on this but my impression is that it is not that common for the report to be sent back to the Assessment Provider, that it has is a good thing, it means that the DM accepted that there were issues that needed to be resolved before they could make a new Decision on your claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Donna2512

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #190186 by Donna2512
Replied by Donna2512 on topic So could this be positive news?
Thank you Gordon. To be fair the ATOS report wasn't too bad, it was factual and truthful at least ;) I think the problem was that the assessor didn't really have much knowledge of autism and so couldn't really link our son's documented difficulties and our examples and explanations with the required criteria in a way that was obvious for the DM.
It also doesn't help that, as is really common in autism, our son has areas of ability alongside areas of significant disability and of course the DM used a tiny area of ability as a basis for the whole claim even though the reports reiterated that ds's ability to manipulate numbers is entirely at odds with his functional ability.
I think if I've learned anything from this it's to go to the F2F and approach it believing that the assessor doesn't have the foggiest idea about your condition and hasn't bothered to read any of the reports and so answer all questions with even the most minute detail fully explained because you can't assume that the assessor chosen is one with any relevant knowledge or experience.

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #190488 by Donna2512
Replied by Donna2512 on topic Mandatory Reconsideration Result
Well,not unexpectedly, considering the statistics the Mandatory reconsideration was unsuccessful and so I am beginning the process of appeal.
I'm quite confused tbh because I'm not sure how you are supposed to score points in so far as ATOS and the reports provided fully accept our son has needs. They accept that he requires the support,they acknowledge that he is helped with bathing dressing and isn't able to cook, they acknowledge that he has an appointee( instigated by DWP) because he can't manage his affairs and yet he still doesn't score points.
I don't understand how a report can confirm that he has an appointee because he can't manage his affairs and is unable to budget and prioritise and directly below the DWP state he has no needs. If that was the case why did they send someone out to assess him who decided that he needed an appointee?
It is so bizarre. DWP have now dropped the he can do absolutely everything because he can play computer games for he can do absolutely everything because he plans to go to university. I have no idea where that notion even comes from unless it is from his statement of SEN in his hopes for the future section. He also plans to be the next Gary Linacre and be a football pundit because he hasn't considered that much of the time he is unable to speak but either option is unlikely along with his plans to play for Chelsea, do a solo world trip and live in a castle.
Oh well onwards and upwards I hope.

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #190529 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Result
Mutty

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

The fact that that the report appears to be supportive is actually good as it allows you to show that the DM's Decision is perverse.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Donna2512

Please Log in or Create an account to join the conversation.

More
6 years 10 months ago #190537 by Donna2512
Replied by Donna2512 on topic Mandatory Reconsideration Result
Thank you Gordon I have printed off the necessary form but hadn't started my grounds for appeal because tbh I don't really know what the grounds are other than the DM's decision doesn't appear to be taking into consideration the ATOS report, the PIP2 or the supporting evidence. Rather it appears that all the reports of evidence appears to have been dismissed and a decision made on firstly the fact he plays computer games (which in the MR I managed to illustrate was a wrong assumption and wasn't comparable to the skills needed for the daily living activities) and now on an aspirational sentence in a statement of SEN six years old.
I fail to see why that one sentence, that ds obviously hasn't managed to fulfill, should be considered more weighty than professional reports and their own assessment report.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.