Daughter's PIP award changed, CP & ASD — Scope | Disability forum
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Daughter's PIP award changed, CP & ASD

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JonoA
JonoA Community member Posts: 4 Listener
edited March 2023 in PIP, DLA, and AA
My daughter was on high rate care and motbility. She has cerebral palsy diagnosed at 5. She is still under the care of paediatrician.

Suddenly dwp took her off everything. Ended up in tribunal and she was awarded medium care on low rate mobility. We had tried our best to argue that she needed to be back on high rate for both and gave our reasons but to no avail.

We then self funded an autism assessment because we knew she had ASD but of course we can't just decide this. We asked for help via paediatrician but because of where we live my daughter was neglected a diagnosis. She had fortnightly hydrotherapy since she was 6-7 till the pandemic started and was also seen by Occupation Therapy. Since the self funded ASD diagnosis we have applied to get our daughter back on her original high rate for both parts.

We didn't have a CP diagnosis but we tried during the tribunal to explain my daughters addition issues but it was said by the court that my daughter is refusing to walk and the issues we were advising weren't conducive with cerebral palsy. Now we no that refusal episodes are part of ASD and the other issues we explained. Even though we tried to help the court understand my daughter's extra requirements they ignored us and decided for themselves our daughter only had CP.

So my question is:
If this awarded both parts high rate are we able to back date the claim?
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  • JonoA
    JonoA Community member Posts: 4 Listener
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    sorry We didn't have a ASD diagnosis but we tried during the tribunal to explain my daughters addition issues but it was said by the court that my daughter is refusing to walk and the issues we were advising weren't conducive with cerebral palsy. Now we no that refusal episodes are part of ASD and the other issues we explained. Even though we tried to help the court understand my daughter's extra requirements they ignored us and decided for themselves our daughter only had CP.
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    No it won't be backdated as the tribunal decision was based on her condition at that time . Your new claim will only look at her condition as it is now 
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  • JonoA
    JonoA Community member Posts: 4 Listener
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    ok but her diagnosis for ASD says in writing her symptoms indicate that her difficulties have been present from a young age
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  • JonoA
    JonoA Community member Posts: 4 Listener
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    so in other words ASD has always been there and we did try to explain this during the tribunal but without being able to say Autism. Just because she was diagnosed with CP she had ASD too. surely they are supposed to listen and understand issues outside of an official or late diagnosis

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