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Pip

leedsbrem

I have had pip since I was 16 and I'm in my 30s now my mum has always sorted it for me I have autism and ADHD I don't want to bore you with my life story ha and trying to keep a long story short in August I had my pip review nothings ever changed and I was never on a longest award but it just kept getting renewed but my pip stopped this time We went through all the next stages and now we are at the tribunal stage awaiting a date for a hearing. all the evidence they've had is all we have but taking into account that it's all diagnosis from when I was about 11 but once I turned 16 my mum was told there is nothing for me now we basically had to cope (which we did). My mum and now my partner of 14 years has submitted letters of how my conditions affects my day to day life.is this going to be enough?

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Comments

Jimm_Alumni

Hey @leedsbrem, welcome to the community 😊 I have ADHD and am going through the PIP process so I know how difficult it can be. A tribunal will listen to such evidence as your mum and partner, people who know you well and know how your conditions effect your day to day living. The tribunal will also want to hear from you, the people who know best about how your conditions effect you are you and the people close to you.

How are you feeling about it? If it helps at all we do have an advice section that provides some information about the tribunal stage: Appealing a benefits decision | Disability charity Scope UK

leedsbrem

hi thanks for your comment.

I feel sick everyday because of it! I’m Hoping supporting letters might be enough for them to relook at it before tribunal

nasturtium

Hello Leedsbrem

If this is a review then for your award to be decressed or for you to be assessed as not being elegable for an award the descision maker must explain in detail how your condition has improved to warrant a reduction or termination of your PIP Award. When your PIP award was removed did you have a clear reason in detail for the reason the award was removed? If no clear explanation from the decision maker on how your condition has improved to warrant your award then your review should have given you the same award again if your condition has not changed and you explained that in detail on your review form.

These forum links with information that you might find useful to include in your appeal or letter to the Tribunal. It includes Case Law and regulations that you can quote exlaining that the descision maker must indicate where an improvement has been made to warrant a reduction in your award. Also possible this link https://www.rightsnet.org.uk/Forums/viewthread/13380

https://www.benefitsandwork.co.uk/kunena/10-dla-esa-queries-results/136764-pip-award-removed-at-review-ut-ruling-cpip-1623

Also a link to possible relevant case law

https://assets.publishing.service.gov.uk/media/597af22840f0b61e4b000006/CPIP_2621_2016_corrected.pdf

Again… The descision maker needed to give detailed reasons on why they think the condition/s have improved to warrant the award to be reduced or to be removed. If they have not given details on how the condition has improved meaning that the person in question can complete all of the activities safely, repeatedly, in a timely manor and to an acceptable standard then they should have not reduced your award. The main thing here is your ability to complete the activities in question safely, repeatedly, in a timely manor and to an acceptable standard and if your Autism prevents you from completing the activities safely, repeatedly, in a timely manor and to an acceptable standard then you need to explain in detail why.

When and if you do a Letter make it detailed and explain in detail the problems you are having now according to the activities descriptors and include that your autism is a longterm condition.

Hope that helps

Nasturtium

leedsbrem

hi thanks for replying. The reason being is that I haven’t seen anyone for a while but when I was diagnosed I’m not sure it was a well researched thing so there wasn’t much out there so I have just managed and the other reason was because I don’t take medication.
I did read online that I don’t reassessed for a previous diagnosis of ADHD and autism I’m assuming this is all because they haven’t got up-to-date records of how it affects me now so I’m hoping my support letter letters will hopefully be enough for a case manager to make a decision without going to a tribunal.

nasturtium

You need to focus on why you are not able to complete the activities that apply to you reliably and that is safely, repeatedly, in a timely manor and to an acceptable standard. You need to fill the review form with as much detail as possible and fill it in as if you are filling in a new claim form. Personal Independence Payments is not based on a diagnosis but you said that you had a diagnosis for your Autism from 11 and that you were told that nothing more could be done when you were 16. You could contact your doctors and ask for all your medical records from when you were 10 to present day and it should include all NHS letters and records with regards to your Autism diagnosis and consultations. These could be used to aid your tribunal but be careful what medical evidence you include, make sure you read it all first word for word so it does not go against your claim. If any part of the medical evidence does contradict your claim or would go against your claim do not include it.

I would advice to put together all of the evidence you can and focus of the written verbal evidence from yourself on why you cannot do the activities reliable as in safely, repeatedly, in a timely manor or to an acceptable standard and look on this as filling in a new application claim. More information can be found on the activities and what to include in a new claim form here

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/

Also look at the advice I gave you in my previous post but focus on your verbal written anacdotal evidence. If you need more advice or help then you can search in your local area for welfare advice bellow:-

https://advicelocal.uk/welfare-benefits

Hope this helps

Nasturtium

Jimm_Alumni

As @nasturtium has mentioned, it isn't just about whether or not you can do the tasks. There is an importance of doing the tasks safely and within a timely manner that you would expect that task to be completed in.

For an example, you may be able to walk 50 meters every day. On over half your days though it takes you 5 minutes to walk that 50 meters due to your conditions. That is not a timely manner to walk 50 meters.

There was a case that went to Upper Tribunal where a woman had epilepsy and said she could not cross the street alone due to the danger of having a seizure. The DWP tried to argue that the chance of a seizure happening was well below 50% on any given day so it shouldn't count. A tribunal found that the risk to life was so great it was reasonable for her to not safely cross the street alone on 100% of her days, meaning it applied to the relevant descriptor.

leedsbrem

hi again

So my family members have sent in letters on how my condition affects me now from my diagnosed when I was a child. Fingers crossed hope this is enough