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TOPIC: Hello I'm new.

Hello I'm new. 6 months 1 week ago #184284

Than you. From the decision letter one of the points made is that because he can play computer games and he says that he eats every day then they have judged him able to prepare a meal and that points can't be awarded for instances that might not happen.
Our son has phobias and fears and sensory processing issues totally in keeping with his diagnosis and confirmed in multiple reports and so the reason he isn't able to cook is that he is terrified of the stove or any flame or heat source most likely because his sensory processing difficulties magnify the heat many times and so it is too painful for him to be near a stove. Likewise he is terrified of knives again because what might be a small knick to me and you would feel like a mortal wound because of his sensory processing difficulties. It doesn't matter that he might never burn or cut himself his fear and phobias means that he isn't able to even attempt it despite years of professional input. We still have a fireguard ffs not because he will touch the fire but because he is too scared to be in the room if the fire is unguarded.
Obviously will need the report but suspect many of the other instances will be similar.

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Hello I'm new. 5 months 4 weeks ago #185453

Well finally got the assessment report back after two phone calls and a recorded delivery letter and another letter they said they didn't receive :dry: and now I am really confused because the decision maker doesn't seem to have read the assessment report or at least has only taken from it two things that he plays computer games and he passed GCSE maths and has used this as justification to deny there being any needs.
So where the assessment report says that ds is unable to make budgeting decisions because of rigidity of thought in keeping with his diagnosis the decision maker has decided that because he has GCSE maths he can make complex budgeting decisions :S
So where the assessment report states that he is unable to manage cooking a meal because of planning and sensory issues and anxiety regarding heat and knives the decision maker has decided that because he plays computer games he can prepare and cook a meal.
It also states that the DM used the assessment report and a GP letter from 1998 to make a decision so seemingly ignored all the evidence we sent in from specialists that was current and instead used a letter from a GP when he was 3 years old :ohmy:If I remember it will be the letter that was pretty basic and a tick box exercise for his multi disciplinary assessment. How can that be relevant?
Any help would be much appreciated as obviously I need a mandatory review and most likely to appeal.

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Hello I'm new. 5 months 4 weeks ago #185472

Mutty

Sometimes (a lot of the time), the DM's reasoning makes no sense, they take two seemingly unrelated issues and bring them together, it's a bit like 1+2=4.

Two things; make sure that you have shown that he meets the PIP Descriptors and point out the discrepancies in their reasons.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

Success rates at MR are very low, so you may need to have to go to appeal where revision rates are significantly higher.

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

Hello I'm new. 5 months 4 weeks ago #185578

Another thing I meant to ask about,I read on here a lot of times that there is disagreement with the assessment report, in our case I think the assessment report is really on the whole very fair and a pretty good assessment of our son's difficulties but the DM doesn't appear to have used it to make a decision.
So for example with regards to budgeting the assessor wrote that whilst he can work out how much change he should receive because of his rigidity of thought and an inability to prioritise needs over wants he is unable to manage a budget and his finances are handled by his parents.
DM then awards 0 points reasoning he passed GCSE maths
Then the assessment report states that because of his difficulties with social interaction and an inability to ask for help coupled with a tendency for flight if spooked he is unable to leave the house without an adult accompanying him
DM then awards 4 points reasoning he needs help planning a journey which is in keeping with his medical history.
So how on earth are you supposed to get points if the DM seemingly ignores the ATOS report,our claim form, and multiple other current reports and instead uses a brief letter from a GP that is 20 years old ?

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Hello I'm new. 5 months 3 weeks ago #185625

Mutty

A good place to start would be to go back through the PIP2, the assessment report and the PIP Claim guide to make sure that you have shown that he meets the Descriptors.

It's unusual for the DM to disagree with the assessors report but it does place you in a better position to argue that their Decision is incorrect if both your evidence and the report are indicating substantially the same problems.

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

Hello I'm new. 5 months 3 weeks ago #185729

Thank you, yes the PIP form,the reports I sent as evidence and the assessment are all broadly in line with each other so it is bizarre that the DM has come to the conclusion she has.
It seems because he passed GCSE Maths then there is no justification for him having needs but that totally ignores that Autism and especially in my son's case means that he has areas of ability and areas of disability and being able to manipulate numbers which was a feature of his obsessions at age two isn't,for him, transferred to other areas.
I sent plenty of evidence that would substantiate this for example the speech therapy report which shows his speech and language and comprehension skills, in some areas are the same as an eight year old which should make GCSEs out of his reach but the academics for him are an area of ability.
I'm going to make sure I send in a thorough case for MR even though I expect it to fail but I can't for the life of me think how DWP expect to win at appeal when the ATOS report supports our claim. :blink:

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