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Pip tribunal and dwp telephone call.
- LL26
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9 months 3 weeks ago #287410 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip tribunal and dwp telephone call.
Hi Filey,
Sorry to hear about your problems with DWP. You would think that there would be better ways of spending DWP money!
OK, this is an 'if you can't beat em join em' suggestion. If DWP threatened to remove the Appointeeship get a Lasting Power of Attorney for your son. If you Google LPA gov uk you will get the Gov.uk website. It will cost, to register this, and may take a while as there are delays, but it is well worth doing this. (In fact in my view everyone should set up an LPA for themselves- both property/finance & health/welfare. You don't have to be ill or disabled. The LPA can lay dormant until you need it, or can be activated immediately. As an attorney you would have a legal right to act for your son, DWP can't take this power away from you.
I hope this helps.
LL26
Sorry to hear about your problems with DWP. You would think that there would be better ways of spending DWP money!
OK, this is an 'if you can't beat em join em' suggestion. If DWP threatened to remove the Appointeeship get a Lasting Power of Attorney for your son. If you Google LPA gov uk you will get the Gov.uk website. It will cost, to register this, and may take a while as there are delays, but it is well worth doing this. (In fact in my view everyone should set up an LPA for themselves- both property/finance & health/welfare. You don't have to be ill or disabled. The LPA can lay dormant until you need it, or can be activated immediately. As an attorney you would have a legal right to act for your son, DWP can't take this power away from you.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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9 months 3 weeks ago #287417 by denby
Replied by denby on topic Pip tribunal and dwp telephone call.
Dear Filey, just read down this thread. Km ABT has already written exactly what I was going to add, do not let this person into your home without a third party as a witness. Please come back to let us know what happens.
Best wishes, Denby
Best wishes, Denby
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9 months 3 weeks ago #287418 by Wendy Woo
Replied by Wendy Woo on topic Pip tribunal and dwp telephone call.
Hello Filey,
I was interested in your post because you kindly responded to one of mine last week and we are in a similar position re representation for our autistic sons. When my son first applied for PIP, the DWP call handler actually suggested I should apply to be his appointee and, although they made it very difficult, they did eventually agree. It is not just about handling money for most people, I feel, it is about having someone to speak on your behalf, in order to navigate your way through a very difficult claim process, especially if you have to keep challenging their decisions. People with autism often appear very capable, especially to those who only meet them briefly (like PIP assessors), but are also very suggestible and vulnerable to manipulation and this can be quite dangerous for them in many ways, including managing their finances (but, of course, you know all this). I'm sure DWP caseworkers are aware of this, so they ought to be careful how they proceed, otherwise it might appear that they, themselves, are using the claimant's disability to manipulate them.
I was also interested in the responses to your query, in particular the one from LL26 because I was thinking along the same lines. I have a friend who works in the financial side of adult social care and she explained to me that an appointeeship is very similar to a lasting power of attorney, but applies only to benefits and many claimants opt for this because it is free. She seemed to think it was a choice on the part of the claimant and that it would be very difficult for the DWP to deny them this choice unless they could prove wrongdoing. (The government website does not bear this out though, stating that it is only for cases of severe mental incapacity.) However, my friend also has Power of Attorney for several of her elderly relatives and, like LL26, reckons that everyone should set one up, just in case. I'm not too keen on the idea myself, but this is supposed to be done before a person loses mental capacity, as it becomes much more difficult afterwards. As I understand it, it does not prevent someone dealing with their own affairs while they are capable of doing so, but it does allow someone else to liaise with various agencies and, most importantly, banks and other financial institutions, on their behalf. However, I did not realise it also covered dealings with the DWP - I thought you needed an appointeeship as well for that - which was the most interesting part of LL26's reply.
I hope all goes well for you.
Wendy
I was interested in your post because you kindly responded to one of mine last week and we are in a similar position re representation for our autistic sons. When my son first applied for PIP, the DWP call handler actually suggested I should apply to be his appointee and, although they made it very difficult, they did eventually agree. It is not just about handling money for most people, I feel, it is about having someone to speak on your behalf, in order to navigate your way through a very difficult claim process, especially if you have to keep challenging their decisions. People with autism often appear very capable, especially to those who only meet them briefly (like PIP assessors), but are also very suggestible and vulnerable to manipulation and this can be quite dangerous for them in many ways, including managing their finances (but, of course, you know all this). I'm sure DWP caseworkers are aware of this, so they ought to be careful how they proceed, otherwise it might appear that they, themselves, are using the claimant's disability to manipulate them.
I was also interested in the responses to your query, in particular the one from LL26 because I was thinking along the same lines. I have a friend who works in the financial side of adult social care and she explained to me that an appointeeship is very similar to a lasting power of attorney, but applies only to benefits and many claimants opt for this because it is free. She seemed to think it was a choice on the part of the claimant and that it would be very difficult for the DWP to deny them this choice unless they could prove wrongdoing. (The government website does not bear this out though, stating that it is only for cases of severe mental incapacity.) However, my friend also has Power of Attorney for several of her elderly relatives and, like LL26, reckons that everyone should set one up, just in case. I'm not too keen on the idea myself, but this is supposed to be done before a person loses mental capacity, as it becomes much more difficult afterwards. As I understand it, it does not prevent someone dealing with their own affairs while they are capable of doing so, but it does allow someone else to liaise with various agencies and, most importantly, banks and other financial institutions, on their behalf. However, I did not realise it also covered dealings with the DWP - I thought you needed an appointeeship as well for that - which was the most interesting part of LL26's reply.
I hope all goes well for you.
Wendy
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- Filey
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9 months 3 weeks ago #287435 by Filey
Replied by Filey on topic Pip tribunal and dwp telephone call.
Thank you for you messege and yes its a huge strain and not nice for us is it.
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- Filey
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9 months 3 weeks ago #287436 by Filey
Replied by Filey on topic Pip tribunal and dwp telephone call.
Hi, thank you for that very helpful reply and I am going to look into that now. Thank you so much. Its just so frustrating when you feel there's absolutely nothing you can do. I will not give up the fight though, its makes me more determined! Thanks again. I feel very unsettled having a visit from dwp at my home, I must say!
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- Filey
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9 months 3 weeks ago #287437 by Filey
Replied by Filey on topic Pip tribunal and dwp telephone call.
Hi, thank you for your kind reply. Yes, it's a hard road we take to defend our autistic children, adults. And I agree with you totally. I shall fight this every step of the way. And yes, it's more about me handling his pip affairs and forms etc. My Son is 29 and says himself that he needs me as appointee as he would be totally over whelmed by the whole pip process and would not be able to cope with doing all this on his own. He would rip up the form and walk out the toom! It's along battle thats for sure and thank you again. Your reply has been helpful.
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