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PIP appeal - waiting for a diagnosis?

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7 years 11 months ago #157534 by Ellen
Is there anyone who can tell me if when going through a PIP tribunal/appeal, they are allowed/can take into consideration the fact that I am on a waiting list for diagnosis (and have been for 2 years!).
I know for most illnesses/disabilities this might not be relevant, but it's to do with having ASD/Aspergers - which,if I do get confirmed, will mean I had it from birth.
Much of the PIP form is not so much about the actual label, but how things affect you/what you can or can't do, but I'm battling with them over the mobility part of planning and following journeys - for my diagnosed mental health problems I was given 4 points, yet I (and my gp and psychiatrist) feel I should qualify for the 'd' rather than 'b' -. I've explained the difficulties I have to the DWP over and over but they just come back with the arguement that 'd' applies to people with learning difficulties or ASD/autism.

My gp /psychiatrist wouldn't have referred me to go to the Autism diagnosis if they weren't fairly sure I had it - and just getting a label isn't going to suddenly change my ability to follow a route.

So is there a way I can argue that me being on the 2 year waiting list (nearly at the top now) should be taken into account for the mobility part of my PIP appeal?

thanks I hope that makes sense.
abby

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7 years 11 months ago #157557 by Gordon
Replied by Gordon on topic PIP appeal - waiting for a diagnosis?
Abby

You can certainly include this information in your submission and raise it at the hearing, but you need to be aware that it will be your limitations in completing the PIP activities reliably and on the majority of days that the panel will be primarily interested in. A diagnosis will be supportive of these limitations but will not in its own right result in an award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #157609 by Ellen
Replied by Ellen on topic PIP appeal - waiting for a diagnosis?
thanks - they say that PIP is supposed to be about how things affect you, but it does feel like they like to have boxes to tick for diagnoses (even though they say they don't) - from their reasoning it feels like they would be more likely to accept my appeal to get 'd' rather than just 'b' if I had already got an official diagnosis of ASD - since that falls under the term of learning difficulty rather than mental health. It doens't change me or what I would do.

It's an appeal going to the Upper Tier so I'm trying to see if I can link it in to the error of law/failure to investigate.

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7 years 11 months ago - 7 years 11 months ago #157620 by Gordon
Replied by Gordon on topic PIP appeal - waiting for a diagnosis?

abby wrote: thanks - they say that PIP is supposed to be about how things affect you, but it does feel like they like to have boxes to tick for diagnoses (even though they say they don't) - from their reasoning it feels like they would be more likely to accept my appeal to get 'd' rather than just 'b' if I had already got an official diagnosis of ASD - since that falls under the term of learning difficulty rather than mental health. It doens't change me or what I would do.

It's an appeal going to the Upper Tier so I'm trying to see if I can link it in to the error of law/failure to investigate.


If this is an appeal to the Upper Tribunal then they will not consider any matter in regard to whether the Decision is correct or not, they will only look at matters concerned with the Decision being made correctly, so there is no point your trying to show that you meet a particular Descriptor or not.

Rather, you must show that there has been an Error of Law in the proceedings.

Have you requested a Statement of Reasons from the Judge who heard your hearing, this must be done within one month of the hearing date.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.

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7 years 11 months ago #157659 by Ellen
Replied by Ellen on topic PIP appeal - waiting for a diagnosis?
I have requested a statement of reasons and record of proceedings but am yet to be sent it . If the tribunal followed the DWP assessment guide, rather than what is explicitly written (or not written) in the legislation then I thought that would come under the error of law? I'm hoping the SOR will also clarify why/how they came to their decision - if not I will be querrying that - my GP, Psych and the HCP all state that I would be unable to follow an unfamilar route alone, yet the tribunal still went for 'b'. I know I'm getting off the point but it just seems if you are able to state you have an offical diagnosis of ASD they are more prepared to accept you satisfy 'd' not just 'b'.

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7 years 11 months ago #157680 by Gordon
Replied by Gordon on topic PIP appeal - waiting for a diagnosis?
abby

If you can show that the panel have not followed the law then this would be an error, but this is significantly different from them having followed the DWP guidance, which is itself based on the law.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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