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Pip tribunal.
- Filey
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1 year 4 months ago #281462 by Filey
Pip tribunal. was created by Filey
Hiya. My son lost his pip 6 years ago and we took it to a tribunal and he was awarded it again. He is on the autistic spectrum. Yet again dwp have stopped his pip again following a telephone assessment. And they have refused the mandatory reconsideration. So, again, we are taking it to the tribunal . Has any one had to do this and if so, did you win the tribunal again.??? Thanks in advance for replies.
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- BIS
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1 year 4 months ago #281496 by BIS
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Replied by BIS on topic Pip tribunal.
Hi Filey
I hope someone will be able to tell you about their experience. From my own experience helping some people on the autistic spectrum disorder, I would say it is a condition largely misunderstood by the assessors.
BIS
I hope someone will be able to tell you about their experience. From my own experience helping some people on the autistic spectrum disorder, I would say it is a condition largely misunderstood by the assessors.
BIS
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- Donna2512
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1 year 4 months ago #281517 by Donna2512
Replied by Donna2512 on topic Pip tribunal.
My autistic son had a lifelong DLA award HRC HRM on the transfer to PIP he lost his award. It was unchanged at MR but at Tribunal it was reinstated HR daily living and HR mobility. Six months before end date DWP sent a reassessment form. I wasn't expecting it as thought we had to start a new claim. I completed it enclosing copy of tribunal order and emphasisng the fact that autism is a lifelong developmental disorder and son hadn't made any developmental gains in fifteen years and so was unlikely that there would be significant developmental gains in the next fifteen years either. Son was given an indefinite award without so much as a phone call. Good luck with the appeal, like Bis I think autism is largely understood by the assessors and by the nature of it being an invisible disability it's quite likely that there isn't much, if any, input from services to provide evidence of needs as parents are largely left to get on with it after diagnosis.
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1 year 4 months ago #281518 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip tribunal.
Hi Filey
Donna2512 makes some excellent points which you should include in your evidence if you haven't already.
1. Autism is a lifelong developmental disorder.
2. No developmental gains in X number of years
3. Unlikely to be any significant developmental gains in the next X number of years
4. Invisible disability
5. Amount of input from services
6. Parents are largely left to get on with it after diagnosis
I don't know whether your son did the telephone assessment - but if he did, I would also argue that someone on the autistic spectrum rarely has the ability to give a fair account of their difficulties - either because they don't recognise them, they're embarrassed by them, or they don't have the communication skills to communicate adequately with a stranger. A family member of mine in a similar position will give the answer he thinks the assessor wants regardless of whether it is accurate.
BIS
Donna2512 makes some excellent points which you should include in your evidence if you haven't already.
1. Autism is a lifelong developmental disorder.
2. No developmental gains in X number of years
3. Unlikely to be any significant developmental gains in the next X number of years
4. Invisible disability
5. Amount of input from services
6. Parents are largely left to get on with it after diagnosis
I don't know whether your son did the telephone assessment - but if he did, I would also argue that someone on the autistic spectrum rarely has the ability to give a fair account of their difficulties - either because they don't recognise them, they're embarrassed by them, or they don't have the communication skills to communicate adequately with a stranger. A family member of mine in a similar position will give the answer he thinks the assessor wants regardless of whether it is accurate.
BIS
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- Donna2512
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1 year 4 months ago #281520 by Donna2512
Replied by Donna2512 on topic Pip tribunal.
It's very difficult for assessors to pick up on difficulties when they don't have a good grasp of how autism presents. My daughter would also give the answers that she thought the assessor wanted especially if she thought it would stop further questions because she finds conversation difficult. To an untrained eye she has a wide vocabulary and good communication skills but formal speech therapy assessment at sixteen showed in some areas she has skills more typical of a five year old and at twenty has speech therapy fortnightly.
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- Filey
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1 year 4 months ago #281521 by Filey
Replied by Filey on topic Pip tribunal.
Hi, thank you. My son is now 28 years old and has had disability allowance indefinitely until it changed to pip then it was a different ball game. We won the last tribunal as I've already said but now they have stopped it again. He works and drives and at the last tribunal dwp solely focused on this. This time with the review they've focused solely on him working and dwp have gave the reason for refusing mandatory reconsideration as the amount of help he needs in the daily living activities. He gets a huge amount of support from his work and from myself. Health assessor rang me for ten minutes about his work and has said because he works it suggests he is OK blah blah blah! At the last tribunal I said the the panel that despite my son having autism , he has managed to pass his driving test and managed to keep a job. It is so maddening having to go through this process again, not to mention the upset for my son. I am pleased to hear that your son has his pip again. Well done!
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