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PIP info and appeal questions (autism)
- proudmama
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2 years 2 days ago #276331 by proudmama
PIP info and appeal questions (autism) was created by proudmama
Hello! Long story short I am mum to a 17 year old girl. She has recently been diagnosed as Autistic. In old money she would be described as high functioning. As a result of very strong masking she has severe anxiety.
With support from the information on this site and from me she completed an application, went through a traumatic telephone interview. She has received her decision and got 0 points. Some of the comments in the decision statement plain didn’t add up. We had the call recorded much to the apparent disgust from the interviewer.
Here are my questions please;
1. I didn’t realise we wouldn’t get a copy of the online application once submitted - my fault - but how do I get a copy?
2. My daughter’s decision letter included several paragraphs on reasons why she was given no points; is the same as the decision report I’ve seen referenced on the site?
3. Do we apply for the mandatory re decision straight away? What is the current waiting time?
4. If that’s rejected, do we then request an appeal?
5. I’m really struggling with comments made about my daughter having good rapport and understanding about her condition. She didn’t have great rapport; she kept having to get questions rephrased and kept needing breaks as she was crying. She was reasonably eloquent however; she’s bright and masks well. (And slept for 3 hours after the interview as a result of the stress caused). How do you articulate the impact of autism to the interviewers? One early question was ‘when did you get autism?’ And a further early question was how does autism affect you’ - that’s an extremely broad and open question that completely blew my daughter’s mind. There was no context and for an autistic person not nearly structured enough.
Thanks for any advice.
Working through the booklets.
With support from the information on this site and from me she completed an application, went through a traumatic telephone interview. She has received her decision and got 0 points. Some of the comments in the decision statement plain didn’t add up. We had the call recorded much to the apparent disgust from the interviewer.
Here are my questions please;
1. I didn’t realise we wouldn’t get a copy of the online application once submitted - my fault - but how do I get a copy?
2. My daughter’s decision letter included several paragraphs on reasons why she was given no points; is the same as the decision report I’ve seen referenced on the site?
3. Do we apply for the mandatory re decision straight away? What is the current waiting time?
4. If that’s rejected, do we then request an appeal?
5. I’m really struggling with comments made about my daughter having good rapport and understanding about her condition. She didn’t have great rapport; she kept having to get questions rephrased and kept needing breaks as she was crying. She was reasonably eloquent however; she’s bright and masks well. (And slept for 3 hours after the interview as a result of the stress caused). How do you articulate the impact of autism to the interviewers? One early question was ‘when did you get autism?’ And a further early question was how does autism affect you’ - that’s an extremely broad and open question that completely blew my daughter’s mind. There was no context and for an autistic person not nearly structured enough.
Thanks for any advice.
Working through the booklets.
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- LL26
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2 years 1 day ago #276342 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP info and appeal questions (autism)
Hi proudmama,
Unfortunately there are a lot of poor assessments that take place. Often the assessor has little or no proper experience of the claimant's health issues. Getting 0 points is also all too common. It is easy to think you might have done something wrong, when it is just a symptom of poor decision making from DWP. I'm sorry that you had this experience.
To answer your specific questions
You can phone up DWP and ask for a copy of your claim form. At the same time ask for a copy of the assessment report (PA4). (I think this is what you mean by the Decision report.)The decision letter etc will be an abbreviated version of what's on the report.
You normally have 1 month from the decision date to send in mandatory Reconsideration letter. If you have a very good reason you can send in the MR late up to 13 months after the decision date. You will need to explain your good reason.
However it is always easier to comply with the initial 1 month time. Do remember that time starts from the decision date, so if your letter has been delayed eg by postal strikes etc you may not have long to respond. That said, I'm sure that if your letter was held up in a postal strike, that should count as a good reason.Make sure you explain.
Are you an appointee for your daughter?
You can write the MR in first or third person. Your daughter can do the letter if she is able, with or with help. If help is used make this clear. Or you write, but explain you are doing this because your daughter can not. If daughter can understand the letter she can also endorse the letter confirming everything is correct. Be brutally honest. (Sorry!)
In your MR, I would start off with a brief overview of your daughter's condition, any self help, therapy etc.
Then you could criticise the assessment. Before you write the MR, work out the major criticisms and see if you can explain them in say 4 or 5 bullet points.
Eg Assessor said I coped well at interview, but I was crying throughout and need constant prompting from mother ...
Or
The assessor ignored many things that I said ...
Or
The assessor's manner was rude and condescending throughout...
Etc etc give the worse examples of the bullet point headings
Since you have a recording of the assessment, you can quote exactly what was said by yourselves or the assessor.
Remember to be impartial, it is unlikely that the assessor has deliberately lied and even if so, you are unlikely to be able to prove this! However, he may well have misheard or misunderstood!
Once you have worked out the bullet points with their examples you can add this to your MR letter. You can explain how stressed daughter was after the assessment.
Next go through each descriptor and explain why your daughter can't do the activity. You can state what points should be awarded- it is ok to do this.
If you have any medical reports include these. If they were sent in before, and ignored send it in again and in the general info paragraph at the beginning of the MR letter recer to this and quote from it as required. You can also do this with any more recent report.
Think about whether eg a school teacher or other friend could write about the help your daughter needs with PIP activities. You could also write about the help yo give and the problems you observe and know of.
Keep a copy of everything sent!
I believe that DWP are supposed to respond within 1 month, but I suspect it could take longer.
If the MR is unsuccessful you will need to fill out an SSCS1 form, which can be done online. Again you have q month from the decision date, but again good reason can allow a late application.
Everything is explained further in the members guides. However if you need more help please ask again here!
Autism is not particularly well understood by many people including DWP. I have seen many decisions and assessment reports that guve zero points. Sometimes these decisions get overturned at MR, sometimes you need to go to the tribunal. There us a good chance if success af tribunal so don't be put off.
I hope this helps.
Good luck. Let us know how you get on.
LL26
Unfortunately there are a lot of poor assessments that take place. Often the assessor has little or no proper experience of the claimant's health issues. Getting 0 points is also all too common. It is easy to think you might have done something wrong, when it is just a symptom of poor decision making from DWP. I'm sorry that you had this experience.
To answer your specific questions
You can phone up DWP and ask for a copy of your claim form. At the same time ask for a copy of the assessment report (PA4). (I think this is what you mean by the Decision report.)The decision letter etc will be an abbreviated version of what's on the report.
You normally have 1 month from the decision date to send in mandatory Reconsideration letter. If you have a very good reason you can send in the MR late up to 13 months after the decision date. You will need to explain your good reason.
However it is always easier to comply with the initial 1 month time. Do remember that time starts from the decision date, so if your letter has been delayed eg by postal strikes etc you may not have long to respond. That said, I'm sure that if your letter was held up in a postal strike, that should count as a good reason.Make sure you explain.
Are you an appointee for your daughter?
You can write the MR in first or third person. Your daughter can do the letter if she is able, with or with help. If help is used make this clear. Or you write, but explain you are doing this because your daughter can not. If daughter can understand the letter she can also endorse the letter confirming everything is correct. Be brutally honest. (Sorry!)
In your MR, I would start off with a brief overview of your daughter's condition, any self help, therapy etc.
Then you could criticise the assessment. Before you write the MR, work out the major criticisms and see if you can explain them in say 4 or 5 bullet points.
Eg Assessor said I coped well at interview, but I was crying throughout and need constant prompting from mother ...
Or
The assessor ignored many things that I said ...
Or
The assessor's manner was rude and condescending throughout...
Etc etc give the worse examples of the bullet point headings
Since you have a recording of the assessment, you can quote exactly what was said by yourselves or the assessor.
Remember to be impartial, it is unlikely that the assessor has deliberately lied and even if so, you are unlikely to be able to prove this! However, he may well have misheard or misunderstood!
Once you have worked out the bullet points with their examples you can add this to your MR letter. You can explain how stressed daughter was after the assessment.
Next go through each descriptor and explain why your daughter can't do the activity. You can state what points should be awarded- it is ok to do this.
If you have any medical reports include these. If they were sent in before, and ignored send it in again and in the general info paragraph at the beginning of the MR letter recer to this and quote from it as required. You can also do this with any more recent report.
Think about whether eg a school teacher or other friend could write about the help your daughter needs with PIP activities. You could also write about the help yo give and the problems you observe and know of.
Keep a copy of everything sent!
I believe that DWP are supposed to respond within 1 month, but I suspect it could take longer.
If the MR is unsuccessful you will need to fill out an SSCS1 form, which can be done online. Again you have q month from the decision date, but again good reason can allow a late application.
Everything is explained further in the members guides. However if you need more help please ask again here!
Autism is not particularly well understood by many people including DWP. I have seen many decisions and assessment reports that guve zero points. Sometimes these decisions get overturned at MR, sometimes you need to go to the tribunal. There us a good chance if success af tribunal so don't be put off.
I hope this helps.
Good luck. Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- proudmama
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2 years 12 hours ago #276387 by proudmama
Replied by proudmama on topic PIP info and appeal questions (autism)
Thanks so much for your empathetic and detailed reply. Really appreciated. I will persevere. My daughter would not be able to do so.
Thanks again!
Thanks again!
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- proudmama
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1 year 10 months ago #277862 by proudmama
Replied by proudmama on topic PIP info and appeal questions (autism)
Hello - AN UPDATE
Unbelievably and with no small thanks to the amazing detailed advice that you provided I am very pleased to say that the MR was successful! And in just about a month post submission.
I had a telephone call yesterday from an empathetic colleague of DWP. She advised that she was the person who had been through the re decision process and agreed with the further response I provided. My daughter has been awarded a standard payment for both parts of PIP. Our process started at the end of October last year and based on my research and this very valuable website my expectations were low and that this would take some time and perseverance.
I would say that this was at times a humiliating and complicated process. Even with the support provided I spent hours on both the initial submission and follow up MR. I am so glad I followed your advice to have the original telephone call recorded. Listening through it several times to write the MR was heartbreaking but it was invaluable to writing a very comprehensive response with fact.
I used the advice to go through every section and note how many points should be awarded with evidence usually at least real life example. I directly addressed statements from the letter that had explained why points had not been given. The appeal letter was some 2000+ words and took around 6/7 hours. I honestly do not believe that my autistic daughter could have completed this process on her own. She found the whole journey extremely distressing and triggered her mental health issues.
So success with a 5 year award but at significant cost.
Thank you so very much. We would not have got through this without you.
Unbelievably and with no small thanks to the amazing detailed advice that you provided I am very pleased to say that the MR was successful! And in just about a month post submission.
I had a telephone call yesterday from an empathetic colleague of DWP. She advised that she was the person who had been through the re decision process and agreed with the further response I provided. My daughter has been awarded a standard payment for both parts of PIP. Our process started at the end of October last year and based on my research and this very valuable website my expectations were low and that this would take some time and perseverance.
I would say that this was at times a humiliating and complicated process. Even with the support provided I spent hours on both the initial submission and follow up MR. I am so glad I followed your advice to have the original telephone call recorded. Listening through it several times to write the MR was heartbreaking but it was invaluable to writing a very comprehensive response with fact.
I used the advice to go through every section and note how many points should be awarded with evidence usually at least real life example. I directly addressed statements from the letter that had explained why points had not been given. The appeal letter was some 2000+ words and took around 6/7 hours. I honestly do not believe that my autistic daughter could have completed this process on her own. She found the whole journey extremely distressing and triggered her mental health issues.
So success with a 5 year award but at significant cost.
Thank you so very much. We would not have got through this without you.
The following user(s) said Thank You: mariashep, denby, ivyfox, BIS, Gary, iNeed2p
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