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Son's PIP Appeal Unsuccessful - very disappointed
- optimusprime
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7 years 6 months ago #173293 by optimusprime
Son's PIP Appeal Unsuccessful - very disappointed was created by optimusprime
I went to an appeal tribunal hearing yesterday regarding my son's PIP award. He has Aspergers and he was awarded the standard rate for mobility and daily living in April this year. He received 8 points for daily living which led to him only getting the standard rate. He received no points for making complex budgeting decisions on the grounds that he has his own bank account and according to the criteria must therefore be able to make complex banking decisions. This despite the fact he doesn't properly understand the value of money, has never paid any bills or budgeted, and would be incapable of doing so on his own. At the tribunal hearing he was given 2 extra points which gave him a total of 10 points, which is not enough for enhanced daily living. He was not given any extra points for communication based solely on how he talked during the Atos assessment in March this year. This was despite evidence from medical professionals stating that he talks very slowly and quietly, struggles to understand verbal instructions and finds talking to strangers on the phone or in person to be extremely difficult. I followed all the recommendations in the PIP guide on B&W and am not sure what I could have done differently other than greatly exaggerating his symptoms, which I wasn't prepared to do. Where do we go from here? I see plenty of appeal success stories on B&W and I'm wondering if there are any tricks that I have missed. Also, my son sees a social worker whose daughter has Aspergers. She gets enhanced mobility and enhanced daily living despite seemingly being much more able than my son. She drives, goes to college and regularly goes out on her own. DS is unable to do any of those things (and is highly unlikely to unless his condition miraculously changes), yet he is only getting standard for daily living and mobility. Any advice is welcome.
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- Gordon
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7 years 6 months ago #173316 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Son's PIP Appeal Unsuccessful - very disappointed
optimusprime
I am afraid your options are limited.
You cannot challenge the Tribunal's Decision on the basis that it is wrong, only because there has been an Error of Law in it's making. The process is long and is most likely to result in a new First Tier Tribunal being held with no guarantee that he will receive extra points.
The first stage to pursuing an appeal to the Upper Tier Tribunal is for you to request a copy of the Statement of Reasons from the Judge of your hearing. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
You can ask for his claim to be reassessed on the basis of a deteriorated condition, however, you will need medical evidence to support this which given the nature of his condition may be difficult to provide.
I would avoid making comparisons between his award and that of others, you are unlikely to find any comfort in doing so
Gordon
I am afraid your options are limited.
You cannot challenge the Tribunal's Decision on the basis that it is wrong, only because there has been an Error of Law in it's making. The process is long and is most likely to result in a new First Tier Tribunal being held with no guarantee that he will receive extra points.
The first stage to pursuing an appeal to the Upper Tier Tribunal is for you to request a copy of the Statement of Reasons from the Judge of your hearing. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
You can ask for his claim to be reassessed on the basis of a deteriorated condition, however, you will need medical evidence to support this which given the nature of his condition may be difficult to provide.
I would avoid making comparisons between his award and that of others, you are unlikely to find any comfort in doing so
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Chris77
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7 years 6 months ago #173360 by Chris77
Replied by Chris77 on topic Son's PIP Appeal Unsuccessful - very disappointed
Hello I am sorry you are suffering after your tribunal. Like Gordon says you need to concentrate on your won case.
However I may have some useful information. While legal aid is not allowed for the process so far. I paid for an appeal out my own pocket, not yet heard.
My Solicitor told me that Legal Aid is available for Upper Tier Tribunals. If its not am sure Gordon will correct me, but I am talking of a conversation only 3 weeks ago with a specialist lawyer in benefits.
Because as your options are limited I would avoid getting bogged down with thinking what you could have done different.
Because Gordon has told you it is Legal and more complex and we are not Lawyers, it would be good for you to get legal aid and get a solicitor to look at your case before appealing to the upper tribunal. Also i would advise doing it soon, to cause you less stress.
These cases can be dealt with on the phone, once you can see if you can get the legal aid.
ITS IMPORTANT TO GO TO A SOLICITOR who deals with benefits as you need someone dealing with this everyday.
The ones I used was Howells in Sheffield. Google it if I am allowed to put it in this post.
As this is now a complex matter of law they can go through the way the evidence was presented etc at the first Tribunal.
I HOPE THIS HELPS YOU and Good Luck
However I may have some useful information. While legal aid is not allowed for the process so far. I paid for an appeal out my own pocket, not yet heard.
My Solicitor told me that Legal Aid is available for Upper Tier Tribunals. If its not am sure Gordon will correct me, but I am talking of a conversation only 3 weeks ago with a specialist lawyer in benefits.
Because as your options are limited I would avoid getting bogged down with thinking what you could have done different.
Because Gordon has told you it is Legal and more complex and we are not Lawyers, it would be good for you to get legal aid and get a solicitor to look at your case before appealing to the upper tribunal. Also i would advise doing it soon, to cause you less stress.
These cases can be dealt with on the phone, once you can see if you can get the legal aid.
ITS IMPORTANT TO GO TO A SOLICITOR who deals with benefits as you need someone dealing with this everyday.
The ones I used was Howells in Sheffield. Google it if I am allowed to put it in this post.
As this is now a complex matter of law they can go through the way the evidence was presented etc at the first Tribunal.
I HOPE THIS HELPS YOU and Good Luck
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