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What next re: Tribunal? - Help!
- Bluedress24
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4 weeks 41 minutes ago #297178 by Bluedress24
What next re: Tribunal? - Help! was created by Bluedress24
Hi. I have been turned down at the MR stage of applying for PIP, scoring zero points. I have autism, anxiety, depression (and since I filled in my MR I have been given a diagnosis of ADHD, but I talked about my symptoms and said it was strongly suspected in my application). I got marked down things like the fact I have a job and the fact I went through university with no support (I had no support back then because I didn't know I was ND!! There was a lack of awareness of ND issues back then, and I understand you couldn't be diagnosed with both ADHD and autism in those days anyway! Uni was a very difficult time for me, involving three false starts at different unis, a constant battle to make it to lectures / complete essays on time and being bullied in student accommodation). It really packed a punch them giving that as a reason why I am apparently not entitled to PIP!
ANYWAY. In theory, I'd like to go for a tribunal, but I've obviously not been wording things correctly so far and feel so alone with all this and like I don't have a chance of succeeding. To have to go somewhere in person and argue my case when I obviously don't know what to say sounds frightening. The task of completing my MR was extremely intimidating and draining, practically and emotionally. I live alone and don't have support from close friends and family (one of the reasons why I need this benefit - I can't go to the supermarket or get up in the morning, for example, and until recently my child helped me with these things, but they have now left home). I have looked into paying a solicitor to help but I can't afford it. What would you advise I do as my next step?
Finally, I was refused at the beginning of Nov, so the deadline for me submitting my tribunal request is next week. But as you only have a month to then follow through with the tribunal, this would take me to the beginning of January. I'm worried helplines / whoever I need to help me with this will not be available over the Christmas holidays. I'd also like for the stress of this not to be hanging over Xmas. Do you think the DWP will take the holidays into account and give me a bit longer if I point it out?
Thank you in advance.
ANYWAY. In theory, I'd like to go for a tribunal, but I've obviously not been wording things correctly so far and feel so alone with all this and like I don't have a chance of succeeding. To have to go somewhere in person and argue my case when I obviously don't know what to say sounds frightening. The task of completing my MR was extremely intimidating and draining, practically and emotionally. I live alone and don't have support from close friends and family (one of the reasons why I need this benefit - I can't go to the supermarket or get up in the morning, for example, and until recently my child helped me with these things, but they have now left home). I have looked into paying a solicitor to help but I can't afford it. What would you advise I do as my next step?
Finally, I was refused at the beginning of Nov, so the deadline for me submitting my tribunal request is next week. But as you only have a month to then follow through with the tribunal, this would take me to the beginning of January. I'm worried helplines / whoever I need to help me with this will not be available over the Christmas holidays. I'd also like for the stress of this not to be hanging over Xmas. Do you think the DWP will take the holidays into account and give me a bit longer if I point it out?
Thank you in advance.
- BIS
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3 weeks 6 days ago #297208 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic What next re: Tribunal? - Help!
Hi Bluedress24
I'm so sorry that you find yourself in this position. It is not unusual. Indeed, you are the second member in the last two weeks who with autism and ADHD who have scored zero points because they work. The fact you have a degree is a common bias by the DWP because they assume that you can manage if you have that level of education. Many assessor's lack of knowledge about the challenges of being neurodivergent continues unabated and unchallenged and it is depressing for the many thousands of PIP claimants trying to get help. I know you have no one to support you with this and that makes it doubly difficult - but please don't give up.
We can't write your appeal, but we will help where we can - so keep coming back and asking questions. I can't pretend that the fact you work doesn't bring its own difficulties - but there are many people who have been awarded PIP and work. The government website says "You can get PIP even if you’re working, have savings or are getting most other benefits."
www.gov.uk/pip#:~:text=You%20can%20get%2...%20Welsh%20(Cymraeg).
Next step
Have a look at our Guide to PIP appeals. That will tell you how to put in your appeal. It even tells you what to do if you are going to miss the deadline. You have to give a good reason why you are going to be late. I would say you live alone and you have no support and your mental health and recent diagnosis of ADHD makes it difficult for you to hit the deadline.
If you apply online, you can continue to add information - so don't feel that you have to do it all at once. The important thing is to put in the appeal. After that you can continue to send them information up to two weeks before the date. The average wait for a Tribunal is around 52 weeks - although it can vary from one area of the country to another. Once you have put in your appeal, you can contact the tribunal service in your area about the waiting times.
Paying a solicitor?
I would not advise this (though I can't tell you not to). There are companies that will fight on your behalf - but at B&W we don't recommend any and some of our members have spoken about having a poor experience. I know you're worried about saying the right or wrong thing - but bear in mind - you are the expert of your condition. No one knows better than you what you go through.
Support Letter
You have a child. Would they be willing to write a letter on your behalf? If they have been supportive in the past - perhaps they could write a letter about what they have observed. If they wonder what to write - ask them to look at the PIP questions and answer to that.
What do you say?
I don't know whether you used our guides to write your application. If you didn't - start having a look at the Guide to PIP claims and reviews. It's a large guide - but you can look back and see if you missed information. After that look at the Guide to Challenging a PIP medical report and the other guides. I know it feels overwhelming, but you don't need to have looked at it all before you put in the appeal - these other guides will give you plenty of help on what you might want to say when the time comes.
benefitsandwork.co.uk/guides-for-claimants
BIS
I'm so sorry that you find yourself in this position. It is not unusual. Indeed, you are the second member in the last two weeks who with autism and ADHD who have scored zero points because they work. The fact you have a degree is a common bias by the DWP because they assume that you can manage if you have that level of education. Many assessor's lack of knowledge about the challenges of being neurodivergent continues unabated and unchallenged and it is depressing for the many thousands of PIP claimants trying to get help. I know you have no one to support you with this and that makes it doubly difficult - but please don't give up.
We can't write your appeal, but we will help where we can - so keep coming back and asking questions. I can't pretend that the fact you work doesn't bring its own difficulties - but there are many people who have been awarded PIP and work. The government website says "You can get PIP even if you’re working, have savings or are getting most other benefits."
www.gov.uk/pip#:~:text=You%20can%20get%2...%20Welsh%20(Cymraeg).
Next step
Have a look at our Guide to PIP appeals. That will tell you how to put in your appeal. It even tells you what to do if you are going to miss the deadline. You have to give a good reason why you are going to be late. I would say you live alone and you have no support and your mental health and recent diagnosis of ADHD makes it difficult for you to hit the deadline.
If you apply online, you can continue to add information - so don't feel that you have to do it all at once. The important thing is to put in the appeal. After that you can continue to send them information up to two weeks before the date. The average wait for a Tribunal is around 52 weeks - although it can vary from one area of the country to another. Once you have put in your appeal, you can contact the tribunal service in your area about the waiting times.
Paying a solicitor?
I would not advise this (though I can't tell you not to). There are companies that will fight on your behalf - but at B&W we don't recommend any and some of our members have spoken about having a poor experience. I know you're worried about saying the right or wrong thing - but bear in mind - you are the expert of your condition. No one knows better than you what you go through.
Support Letter
You have a child. Would they be willing to write a letter on your behalf? If they have been supportive in the past - perhaps they could write a letter about what they have observed. If they wonder what to write - ask them to look at the PIP questions and answer to that.
What do you say?
I don't know whether you used our guides to write your application. If you didn't - start having a look at the Guide to PIP claims and reviews. It's a large guide - but you can look back and see if you missed information. After that look at the Guide to Challenging a PIP medical report and the other guides. I know it feels overwhelming, but you don't need to have looked at it all before you put in the appeal - these other guides will give you plenty of help on what you might want to say when the time comes.
benefitsandwork.co.uk/guides-for-claimants
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Bluedress24
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3 weeks 6 days ago #297212 by Bluedress24
Replied by Bluedress24 on topic What next re: Tribunal? - Help!
Thank you so much for your kind, helpful, understanding and reassuring reply! I am going to be brave and try with the tribunal. I may have misunderstood, but do I not need to fill in any more forms / write any more statements / gather any more evidence at this stage? All that has exhausted me and the thought of doing it again so soon feels massively overwhelming. Is it just a case of me telling them I want to take it to a tribunal, then providing more info nearer the date of the actual hearing? Or do I have to write (and think) more about all the horrible ways in which my condition affects me (again)? Doing all that and feeling like they haven't listened, understood, taken it on board or maybe even believed me has left me feeling completely exhausted, and the thought of having to do it again anytime soon feels impossible... thank you.
- denby
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3 weeks 6 days ago #297216 by denby
Replied by denby on topic What next re: Tribunal? - Help!
One other outside assistance option could be the nonprofit Kester Disability Rights. Someone added their good experience with them to a recent post.
best wishes with the challenge, from a fellow ASD & ADHD human being.
Denby
best wishes with the challenge, from a fellow ASD & ADHD human being.
Denby
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