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Appealing against decision for PIP
- Andrea
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7 years 2 weeks ago #186968 by Andrea
Appealing against decision for PIP was created by Andrea
Hi
Could you please advise me what I should do next
I applied for PIP for my son
I am his appointee he has been awarded standard rate for daily living he was not awarded for his mobility needs as he only scored 4 for planning and following a journey.
He does not use public transport due to his OCD I take him to places or he gets taxis he will only get a taxi if he has become familiar with the journey again the PIP report states that the mental health state examination showed that he had adequate memory, concentration and a good insight into his condition. My son is currently off work due to depression he has a diagnosis of ADD he has poor concentration the report states he seemed withdrawn with poor rapport and that he takes walks for fresh air this is only to a local place that he is extremely familiar with
This is the information I provided
Question 13
Extra information - Going out
Please see Community Paediatrician referral to CAMHS dated 16/12/2008
Please see information from Dr Boag Health Unit dated 02/08/2016 and 28/10/2016
My son requires support to follow the route of an unfamiliar journey without another person he struggles with directions and following instructions, trying to follow a journey to an unfamiliar place causes him anxiety and distress.
He is unable to use public transport due to his OCD he is given lifts to places or uses taxis, he has panic attacks in unfamiliar places and will often contact me to pick him up as he has got lost or disorientated due to his short term memory, this adds to his anxieties and prevents him from going to places.
He has these problems when he goes out alone to an unfamiliar place therefore he has someone with him when going to unfamiliar place in order to avoid any overwhelming psychological distress, on occasions he will use a taxi to go to an unfamiliar place but this is after he has been taken by me for a few times the majority of the time I support him in his traveling to places.
Having someone with him helps him calm down and he is less anxious, when he becomes anxious he struggles to communicate his needs as he is unable to process the directions or instructions people are giving him.
Going to work is an effort and makes him anxious when off work for the weekend he prefers not to go out, he is encouraged to go out by family members but he will refuse to go out. Medication can make it difficult for him to get motivated to go out and undertake a journey, we have tried to help him become independent when traveling however this has been unsuccessful and has caused him distress he has then contacted me to pick him up.
He has this level of need at all times when going out on a journey.
He scored 11 points for daily living he did not score for making budgeting decisions I am unsure if I should appeal against this the assessor states in the report that my son can withdraw money and calculate change. It states that he obtained GCSEs and that the mental health state examination showed that he had adequate memory, concentration and a good insight into his condition. It was noted that he could hear well and speak therefore it was decided he could manage these activities.
This is actually not correct my son does not manage complex budgeting he lives at home therefore all bills are paid by me, he looses his bank cards forgets to take them from the machine he also forgets to take his change. Any complex forms or bank information I deal with this is why I am his appointee and completed the PIP forms as he would not have been able to complete these
This was the information I provided with reports from his health professionals
Question 12
Extra information – Making decisions about money
Please see information from Dr Boag Health Unit dated 02/08/2016 and 28/10/2016
Please see information from Dr Rafig Consultant Psychiatrist in Adult ADHD dated 16/06/2016
He needs prompting and assistance to manage budgeting decisions, he is unable to manage household and personal budgets himself. He lives at home therefore he has no responsibility for bills as he would become in debt if left to manage them himself, He struggles with maths and budgeting due to his impulsive behaviour he will over spend his depression can also impact on his decisions about money.
He can not budget for the month he looses bank cards, he leaves them is shops, forgets PIN numbers and passwords. If paying by cash he needs to be reminded to collect his change as he will forget about it and walk away. Bills are paid out of my account in order to help manage his finances.
He requires this level of support daily when making decisions about his money.
While we are grateful that he was awarded standard rate it is not a true reflection of the difficulties my son has and the support he requires, I am aware that by appealing all of the benefit given would be looked at again and he could end up loosing his benefits
Sorry this is so long I am unsure if this is the correct page to ask for advice
Thank you for taking the time to read my post
Regards
Andrea
Could you please advise me what I should do next
I applied for PIP for my son
I am his appointee he has been awarded standard rate for daily living he was not awarded for his mobility needs as he only scored 4 for planning and following a journey.
He does not use public transport due to his OCD I take him to places or he gets taxis he will only get a taxi if he has become familiar with the journey again the PIP report states that the mental health state examination showed that he had adequate memory, concentration and a good insight into his condition. My son is currently off work due to depression he has a diagnosis of ADD he has poor concentration the report states he seemed withdrawn with poor rapport and that he takes walks for fresh air this is only to a local place that he is extremely familiar with
This is the information I provided
Question 13
Extra information - Going out
Please see Community Paediatrician referral to CAMHS dated 16/12/2008
Please see information from Dr Boag Health Unit dated 02/08/2016 and 28/10/2016
My son requires support to follow the route of an unfamiliar journey without another person he struggles with directions and following instructions, trying to follow a journey to an unfamiliar place causes him anxiety and distress.
He is unable to use public transport due to his OCD he is given lifts to places or uses taxis, he has panic attacks in unfamiliar places and will often contact me to pick him up as he has got lost or disorientated due to his short term memory, this adds to his anxieties and prevents him from going to places.
He has these problems when he goes out alone to an unfamiliar place therefore he has someone with him when going to unfamiliar place in order to avoid any overwhelming psychological distress, on occasions he will use a taxi to go to an unfamiliar place but this is after he has been taken by me for a few times the majority of the time I support him in his traveling to places.
Having someone with him helps him calm down and he is less anxious, when he becomes anxious he struggles to communicate his needs as he is unable to process the directions or instructions people are giving him.
Going to work is an effort and makes him anxious when off work for the weekend he prefers not to go out, he is encouraged to go out by family members but he will refuse to go out. Medication can make it difficult for him to get motivated to go out and undertake a journey, we have tried to help him become independent when traveling however this has been unsuccessful and has caused him distress he has then contacted me to pick him up.
He has this level of need at all times when going out on a journey.
He scored 11 points for daily living he did not score for making budgeting decisions I am unsure if I should appeal against this the assessor states in the report that my son can withdraw money and calculate change. It states that he obtained GCSEs and that the mental health state examination showed that he had adequate memory, concentration and a good insight into his condition. It was noted that he could hear well and speak therefore it was decided he could manage these activities.
This is actually not correct my son does not manage complex budgeting he lives at home therefore all bills are paid by me, he looses his bank cards forgets to take them from the machine he also forgets to take his change. Any complex forms or bank information I deal with this is why I am his appointee and completed the PIP forms as he would not have been able to complete these
This was the information I provided with reports from his health professionals
Question 12
Extra information – Making decisions about money
Please see information from Dr Boag Health Unit dated 02/08/2016 and 28/10/2016
Please see information from Dr Rafig Consultant Psychiatrist in Adult ADHD dated 16/06/2016
He needs prompting and assistance to manage budgeting decisions, he is unable to manage household and personal budgets himself. He lives at home therefore he has no responsibility for bills as he would become in debt if left to manage them himself, He struggles with maths and budgeting due to his impulsive behaviour he will over spend his depression can also impact on his decisions about money.
He can not budget for the month he looses bank cards, he leaves them is shops, forgets PIN numbers and passwords. If paying by cash he needs to be reminded to collect his change as he will forget about it and walk away. Bills are paid out of my account in order to help manage his finances.
He requires this level of support daily when making decisions about his money.
While we are grateful that he was awarded standard rate it is not a true reflection of the difficulties my son has and the support he requires, I am aware that by appealing all of the benefit given would be looked at again and he could end up loosing his benefits
Sorry this is so long I am unsure if this is the correct page to ask for advice
Thank you for taking the time to read my post
Regards
Andrea
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- Gordon
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7 years 2 weeks ago #186979 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing against decision for PIP
Andrea
Two immediate comments.
For Going Out you do not explain what his problems are in depth and why he has them, nor how they manifest themselves. Unfortunately, although the DWP guidance makes reference to the use of Public Transport, they Descriptors against which he was actually assessed do not do so and we often see this used as a reason for denying points.
If he scored 4 points then the DWP are taking his problems as being due to anxiety rather than to do with his ability the reliably navigate.
For Managing Money you don't explain the cause of his problems, although in this case I would have expected your being his appointee to have had more relevance.
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.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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
Two immediate comments.
For Going Out you do not explain what his problems are in depth and why he has them, nor how they manifest themselves. Unfortunately, although the DWP guidance makes reference to the use of Public Transport, they Descriptors against which he was actually assessed do not do so and we often see this used as a reason for denying points.
If he scored 4 points then the DWP are taking his problems as being due to anxiety rather than to do with his ability the reliably navigate.
For Managing Money you don't explain the cause of his problems, although in this case I would have expected your being his appointee to have had more relevance.
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.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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
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