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16 year old Aspergers been turned down for PIP after Mandatory reconsideration.
- Inapickle
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2 years 11 months ago #269084 by Inapickle
16 year old Aspergers been turned down for PIP after Mandatory reconsideration. was created by Inapickle
Hello All,
I am new to the forum and my son has asked me to act on his behalf with his PIP claim.
The reason I joined was due to my 16(almost 17) year old being turned down for PIP.
He has claimed DLA since he was 9 but now that he has left school he is no longer entitled to claim PIP.
I asked for the mandatory reconsideration on 6/01/2022. Requesting all information that DWP had used to come to their decision to help me. Fast forward 26/01/2022 I still hadn't received anything so I forwarded as much information as I could to help stating I hadn't received any documents yet.
I intend to appeal as there is so many reasons why he will not be awarded which I know not to be true.
The queries I have to begin with are:
The date on the top of the Mandatory Reconsideration notice is 14/09/2020. Will this make a difference when I appeal? Although this is around the date that he had the letter to move from DLA to PIP.
It states on the letter that they used information provided from a healthcare professional assessment for incapacity Benefit, is this what is normally used? I thought that was a completely different benefit?.
The report basically skirts around all the ways his Aspergers affects him Daily and points towards him being physically able to go about his life without any difficulties which could not be further than the truth.
He has never received any additional support from schools or college because he is basically seen as cognitively able regardless of his dificulties, it always seemed to be the more understanding the staff memeber the better his experience, and it seems that the PIP assessor has decided the same.
If anyone could help me with this it would be much appreciated, at the moment I'm struggling myself due to one reason or another.
Thank you for your time.
I am new to the forum and my son has asked me to act on his behalf with his PIP claim.
The reason I joined was due to my 16(almost 17) year old being turned down for PIP.
He has claimed DLA since he was 9 but now that he has left school he is no longer entitled to claim PIP.
I asked for the mandatory reconsideration on 6/01/2022. Requesting all information that DWP had used to come to their decision to help me. Fast forward 26/01/2022 I still hadn't received anything so I forwarded as much information as I could to help stating I hadn't received any documents yet.
I intend to appeal as there is so many reasons why he will not be awarded which I know not to be true.
The queries I have to begin with are:
The date on the top of the Mandatory Reconsideration notice is 14/09/2020. Will this make a difference when I appeal? Although this is around the date that he had the letter to move from DLA to PIP.
It states on the letter that they used information provided from a healthcare professional assessment for incapacity Benefit, is this what is normally used? I thought that was a completely different benefit?.
The report basically skirts around all the ways his Aspergers affects him Daily and points towards him being physically able to go about his life without any difficulties which could not be further than the truth.
He has never received any additional support from schools or college because he is basically seen as cognitively able regardless of his dificulties, it always seemed to be the more understanding the staff memeber the better his experience, and it seems that the PIP assessor has decided the same.
If anyone could help me with this it would be much appreciated, at the moment I'm struggling myself due to one reason or another.
Thank you for your time.
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- Gary
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2 years 11 months ago #269095 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic 16 year old Aspergers been turned down for PIP after Mandatory reconsideration.
Hi Inapickle
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I am a little perplexed when you say you asked for a MR on the 06/01/22 but the MR date on the letter states 14/09/20, if your MR was 14/09/20 then you would be out of time to appeal!!
I would contact DWP and query the date on your sons MR letter as you need this date for when you start your appeal.
You will also need a copy of your son's assessors report called a PA4 unless he had a paper assessment in which case the report is called a PA3.
When you have the assessors report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are appealing the decision and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' your son can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that your son meets the criteria, there are many reasons he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that your son is being assessed against, you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
You say that you requested a MR so the next stage is to produce a submission, have a look at our PIP MR & Appeal guide, halfway down the page; www.benefitsandwork.co.uk/help-for-claimants/pip
You can submit your appeal on line and upload any supporting documents such as your submission;
www.gov.uk/appeal-benefit-decision/submit-appeal
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.
Welcome to Benefits and Work
I am a little perplexed when you say you asked for a MR on the 06/01/22 but the MR date on the letter states 14/09/20, if your MR was 14/09/20 then you would be out of time to appeal!!
I would contact DWP and query the date on your sons MR letter as you need this date for when you start your appeal.
You will also need a copy of your son's assessors report called a PA4 unless he had a paper assessment in which case the report is called a PA3.
When you have the assessors report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are appealing the decision and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' your son can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that your son meets the criteria, there are many reasons he may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that your son is being assessed against, you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
You say that you requested a MR so the next stage is to produce a submission, have a look at our PIP MR & Appeal guide, halfway down the page; www.benefitsandwork.co.uk/help-for-claimants/pip
You can submit your appeal on line and upload any supporting documents such as your submission;
www.gov.uk/appeal-benefit-decision/submit-appeal
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 years 11 months ago #269102 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 16 year old Aspergers been turned down for PIP after Mandatory reconsideration.
Inapickle
You mention a report for Incapacity Benefit.
If your son only turned 16 in the last year or so then he cannot have ever been assessed for IB!
If such a report was indeed been mentioned then you should be asking the DWP where they have got this report from.
Gordon
You mention a report for Incapacity Benefit.
If your son only turned 16 in the last year or so then he cannot have ever been assessed for IB!
If such a report was indeed been mentioned then you should be asking the DWP where they have got this report from.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary
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- Inapickle
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2 years 11 months ago #269133 by Inapickle
Replied by Inapickle on topic 16 year old Aspergers been turned down for PIP after Mandatory reconsideration.
Thank you Gary,
I am confused about the Incapacity Benefit to but my son is due to turn 17 in May, not sure if that would make a difference?. It also mentions a questionnaire which we supposedly completed but hadn't received either.
I have attempted to call DWP but was on hold for over an hour, I shall try again tomorrow. I'm not sure which form was used as the assessment was done over the phone but I'll ask again for a copy.
Thank you again for the reply I now know where to start. To be honest I felt overwhelmed when I put the mandatory reconsideration in, so the appeal procedure has me stressed before even beginning.
I am confused about the Incapacity Benefit to but my son is due to turn 17 in May, not sure if that would make a difference?. It also mentions a questionnaire which we supposedly completed but hadn't received either.
I have attempted to call DWP but was on hold for over an hour, I shall try again tomorrow. I'm not sure which form was used as the assessment was done over the phone but I'll ask again for a copy.
Thank you again for the reply I now know where to start. To be honest I felt overwhelmed when I put the mandatory reconsideration in, so the appeal procedure has me stressed before even beginning.
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- denby
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2 years 11 months ago #269151 by denby
Replied by denby on topic 16 year old Aspergers been turned down for PIP after Mandatory reconsideration.
Hi Inapickle,
Just wondering if they may have got your son mixed up with another claimant altogether? Stranger things have happened, might be worth putting to them bearing in mind what Gordon said.
best wishes,
Denby [Mr & Mrs Aspergers....]
Just wondering if they may have got your son mixed up with another claimant altogether? Stranger things have happened, might be worth putting to them bearing in mind what Gordon said.
best wishes,
Denby [Mr & Mrs Aspergers....]
The following user(s) said Thank You: Gary
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