Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: PIP Appeal

PIP Appeal 1 year 6 months ago #180618

Hi, my son with autism and mental health issues has PIP appeal this week. Given 11 points Care 10 mobility and not changed after Mandatory Reconsideration, was on full both components on DLA. Acting on his behalf I accepted chance from DWP to have his assessment done without home visit, because they said 'there 'was enough info' and it suited not to distress him as having to met people does and he could not manage to go to assessment centre. The DWP said they would consult his weekly helper. We feel we have been stitched up by persevering to get him help and years of preparing him to gain confidence in being helped. The help has been invaluable, but it's the one time in a week to do a few simple things he can manage if specialised patient help is given. Therefore we feel that the advance he had made is being used to cloak him with a general ability to cope, especially as the providing company wants to shout its success - which we don't begrudge and have a fantastic relationship with them. In short they have based their assessment heavily on the helper's specialised time and pretty much say so, giving we feel an unfair balance overall.

Crucially, he has not been properly assessed, we fee l they contrived not visiting for this outcome, and refused to visit when we said in mandatory process because 'we agreed to not having a visit'.

Now at the assessment, they expect him to visit when the whole initial thing was that he could not manage to visit the assessment. He cannot understand, and trying to talk to him results in enormous prolonged distress. We feel sure he will not go to assessment and are worried he may lose all his award. This we feel is part of it all to make us give in but we sincerely feel he should be awarded the high rates he is only one and two points short of.

Our question here is what happens if we try yo get him to go but his reasoning will not allow it and my wife goes instead to explain? Also can we simply insist that he is assessed properly as per home visit that we fel we to put it bluntly duped out of?

My lad just cannot manage. Also his ESA has been on assessment rate for two years. In all that time GP has signed him off for six months every time. e strongly wonder that they are contriving to downscale his PIP by way described above in order to at last complete his ESA but by using the PIP contrivance (as we see it) to get him in the working group. Which frankly on his capabilities is nonsense. Help here would be appreciated too.

Sorry to throw so much at you. I am disabled myself, my wife will have to go to assessment centre (we put her name down as person who can attend) and is very stretched coping with all this on top of day to day needs.

Please Log in or Create an account to join the conversation.

PIP Appeal 1 year 6 months ago #180691

BW

Please forgive me but I am not sure what assessment you are referring to, is his PIP being reassessed or is this in connection with his ESA claim?

If a face to face assessment has been required then he must attend or the associated benefit claim may well be closed. Would a home assessment be more suitable? If so then you will need to get a letter from his GP explaining why he cannot attend at the Assessment Provider's offices.

Gordon
The following user(s) said Thank You: BW59

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Appeal 1 year 6 months ago #180722

Sorry, I will try to clarify.

Last year his switch process from DLA to PIP began. We said we wanted home visit for his assessment because he has big trouble engaging, even going out. DWP then phoned to say 'had enough info' and could assess him without a physical meeting. To do that they would confer with the long-running provided help he has to increase his ability to mix/go out. Because this took the pressure away on him bring assessed as he cannot cope with face to face meetings or go to places, we accepted. Result was high care and mobilty DLA reduced to standard for both on his PIP. We feel not true reflection and on points he just misses the bar on each component. After mandatory recon. was kept the same.

So we appeal. Our point is the lack of assessment is unfair and now the appeal later thus week needs him to go and he is the position of having to go to an appeal but they accepted he could not go to assessment. He us struggling massively with not understanding and feeling pressured by process. We will encourage him to go, but he is likely to run off or have a dangerous episode on the way in the car - but most likely will not get in the car. He is beside himself with anxiety.

My wife will go on her own, but we worry DWP will not understand, say he not come and perhaps even lose what he has got.

Process seems to us to be a contrivance to get us (acting as appointee) to agree to no assessment originally so lack of assessment downgrades his award. And then it's compounded by expecting him to do now what it was accepted in first place he could not do, ie. physically get to their premises and see people fave to face.

The ESA thing us separate, but we wonder whether DWP have got his file out and tied up two motives in one. Two years is long time to stay on assessment rate, which itself makes it seem they were perhaps looking to downgrade his DLA/PIP first ..maybe. Then in the summer they suggested it was going to be done in November which seemed timed for the PIP mandatory recon. outcome. Then November no decision which again seems tied in with PIP outcome extending to full appeal stage.

With appeal this week, because we feel it's been worked against having fair appraisal, because we feel he almost definitely cannot manage to attend the appeal himself, and he is really struggling with our trying to explain including massive increase in anxiety and OCD - we are ourselves dreadfully worried about him not going and do not know what to do.

Please Log in or Create an account to join the conversation.

PIP Appeal 1 year 6 months ago #180746

BW59

So the assessment you were referring to was his appearing at the Tribunal?

This really has to be your choice, there is an option to have a Paper hearing which he won't need to attend, however, the success rate for these is a lot lower than for an Oral hearing.

Would his attending be at odds with the limitations that you have stated in his PIP2, remember you will be with him in the hearing so would that mitigate some of the problems? If there is good reason for his not attending (ignoring the general issue of his being able to handle the questions for the moment), then you should seriously consider a Paper hearing as his attending may actually count against him.

If there is no specific issue with his attending or the problems can reasonably be overcome by you being with him then you need to think about how he might manage the hearing itself. You need to balance the distress his being there may cause him versus the value of his being seen by the panel. I can't help you make this decision.

His not being seen by an assessor in general should count for him, as it devalues the assessors report because there is no first hand evidence.

Gordon
The following user(s) said Thank You: BW59

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Appeal 1 year 6 months ago #180769

Gordon, yes, we have Tribunal this week, sorry it was confusing and thank you for patience in bearing with it.

He would indeed be stressed if he went but it would be unlikely he could manage that, and what we are witnessing us him being stressed just at the proposition. The extent he is stressed is alarming but par for the course for him, and sadly the gains we have done over years in trying to get him to gradually progress are threatened by this current pressure.

We had tried to avoid a paper hearing, aware of lower success rates you mention, but even though Tribunal is scheduled and imminent on balance your suggestion certainly makes sense.

Shall try to change at last minute, bit worried about DWP bureaucracy frowning at that but it seems right course of action.

Very appreciative Gordon of your kind patience on this.

Please Log in or Create an account to join the conversation.

PIP Appeal 1 year 6 months ago #180788

BW59

It's nothing to do with the DWP, even if they attend, which is unlikely, they have no more rights in front of the panel than you do.


Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke