Autistic daughters PIP phone review / Mandatory results and now awaiting Tribuna

Hi Earlbrutus,
I'm sorry to here that your experience with the assessment and ensuring decision has been difficult.
Firstly I would write a letter or email the tribunal and explain that you have not received the appeal bundle (DWP Response will be copies of all the relevant papers together with an explanation - this is often called the appeal bundle.) The 28 day time limit is via Tribunal Rule 24 www.legislation.gov.uk/uksi/2008/2685 ,this is a link to the whole Rules. Rule 8 allows for a party's evidence to be struck out if rules are not met.
Thus you could write to the Tribunal and state that DWP have failed to respond (give all the dates etc) and request a Direction that if DWP do not respond within a further 14 days that the DWP case be struck out under Rule 8. You could also mention Rule 2 which provides the 'overriding objective' of fairness which includes avoidance of delay.
Yes there is a right of appeal but only on an error of law.
See the link to a previous post which explains this further
www.benefitsandwork.co.uk/kunena/10-dla-...ed-pip-appeal#314815
If you haven't already done so, perhaps you should make a formal complaint about the assessment. Whilst this may not achieve much personally it might help to raise standards. Also, often at Tribunal when you assert the assessment was poor, the first question is always 'did you make a complaint?' Even if the complaint is brushed away, the fact that you make a complaint makes you seem more credible.
Another thought about the papers and decision making in general, there are a lot of bogus comparisons. You can drive - so you can cook and wash yourself. Etc etc. If you haven't done so already try and rebut these obscure comparisons. How is Uni? Does your daughter have specialist support from Student Services? If so, describe what happens. Or perhaps daughter goes to Uni and doesn't get involved with anything and is reclusive. Or, she does have friends but they act as 'social support' basically acting as an informal carer. Otherwise it may just be a huge nightmare but y
your daughter has regular melt downs so goes to Uni and really isn't coping. Whichever scenario or other scenario applies, or indeed combination, you can explain the help/support/meltdown/avoidance etc and hence explain why Uni attendance does not prove descriptor activities can be performed. Certainly if lectures are missed or there is a reclusive or meltdown style element to Uni this indicates a lack of acceptable standard which certainly contradicts the false comparison DWP is trying to use
Remember also that there is a principle of normality - this came from case law - Fairey case. Basically a disabled person seeking benefit has a right to do anything that would normally done by others. Benefit shouldn't be refused in the basis of someone trying to lead a normal life.
Several cases explain this better. In one case DWP refused points for a gentlemen who was disabled and couldn't do up buttons on his shirt. According to DWP he could wear elasticated clothing without buttons. Hence no points. But why? Why shouldn't someone wear a smart buttoned shirt, and buttoned trousers, why should a disabled person be effectively penalised by having to wear baggy elasticated clothing? The law provides for points if you need help with getting dressed, and since many people wear buttoned clothing if you need help to do buttons, but not elastic, this won't preclude points. (It also dovetails with being able to 'repeat' the activity - you need to be able to perform all reasonable varieties of the activity. Avoidance of difficult things/activities is a reality for many disabled people. Why bother do something that is painful, causes anxiety etc etc - take the easy road! But PIP points should not be precluded.
I hope this helps.
Keep us updated.
LL26