Neurodivergent PIP Decision - 0 points

Hi Chill-E,
Unfortunately the comments you refer to are common phrases used in decisions. (For many disabilities, not just neurodivergence.) And....because they are common phrases then very many people do successfully argue them. DWP are terribly poor at the so- called reliability criteria,view safety, reasonable time, acceptable standard and repetition. It is really important to address these as points can easily be won by arguing these.
You have asked for the report, and I would suggest you don't send in any MR request until you receive this and examine it. (Don't worry if this takes you outside the 2 month time limit - send the MR late but explain the reason was due to having to wait for the report - this should be sufficient reason to allow a late MR.)
On the meantime, start preparing your MR. Think of it in 3 sections. Firstly write a paragraph or two about your health, diagnosis, problems as a child, and problems now, just general stuff. Things like getting a job, any reasonable adjustments made, or just your boss accomodating your health or behaviour etc. Explain if relevant eg how many times to pass exams, including driving test. If you didn't take exams or had help explain this too.

The next section is a brief critique of the report. On a separate piece of paper try and work out 4 or 5 bullet points that explain deficiencies in the report. Think about the manner of the assessor, did he listen, has he written down incorrect information ? (ie he appears to not understand/ is confused) Never say he ' lies' as you can't prove this and it will sound very negative.
Other things to consider is whether he has ignored what you said. Look for Inconsistencies. Give examples for each bullet point. Check what qualification the assessor has, because your last bullet points could be eg , he does not indicate any specialist mental health qualifications, and this could explain why the assessor does not appear to understand about Autism etc.
Then last section - go through each descriptor and say why you can't do the activity, what goes wrong etc with examples, here you can do a more in depth criticism of the report. You can state how many points should have been awarded. Mention about 'reliability' as this is crucial.
In the background paragraph you may wish to include a quotation from a relevant charity to confirm about eg autism, often such websites confirm the diagnostic criteria and discuss eg cognitive difficulties, which will easily rebut any suggestions that your health condition doesn't cause cognitive issues. Likewise you might also be able to confirm that you fit within all of eg 5 markers that indicate the health problem. However old your own diagnosis was, please include the report and refer to it.
Think carefully how you perform PIP descriptor activities what help is required. Maybe you avoid things because it's too difficult, takes too long or due to safety reasons. Be totally frank, maybe you start but don't finish things - why? Think about time taken as this is very important consideration for autistic people.
I hope this helps.
Good luck.
Please let us know how you get on.
LL26

Hi Chill-E

I just wanted to add to what LL26 has said. You cannot call the assessor a liar, but you can use phrases such as:
"the assessor was mistaken ...", 'the assessor failed to take account of ....", "the assessor omitted...", the assessor misunderstood..." etc etc.

Re the lack of mental health input. You should reiterate that you have had some, you are waiting for more. I would also add that you should not be discriminated against because you don't currently have input, as it is not a reflection on your condition or your difficulties. There is a well-known national shortage of mental health services.

Just be careful what you say about the driving issue. The DWP have been known to contact the DVLA and say that, because of what a claimant has written on a PIP form, they should not be driving. Obviously, you will have to address it, but you don't want to give the impression that you are a danger on the road. But if you don't cope with sudden roadworks or detours, then you should say so.

The deadline for your MR is one month from the date on the decision letter as far as I am aware. After that it becomes a late submission. If you are going to be late, talk to them before the deadline, because we have had a couple of members in the last year who were refused late submissions.

BIS

Hi Chill-E,
Since you only sent the MR in on Monday, there is every possibility that if you sent in the extra report now, then the 2: would marry up. I never know entirely how DWP makes decisions, but there is every chance that the additional evidence will sway the decision in your favour, especially if this s positive report. I would therefore send it now, but do keep a copy. Then in a week or so time, phone DWP and check they have received this and ask that this is considered as part of the MR. Make sure you put name and NI number on all pages. You can mark the letter 'additional evidence for Mandatory Reconsideration'.
I hope this helps.
LL26