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Pip mandatory reconsideration refused

melg1962

got letter back today after asking for mandatory reconsideration for my sons pip ( he has aspergers) again it has been refused. So now I have to put my son who already Goes through enough on a daily basis through the ordeal of an appeal. Why are so many people with aspergers been disregarded like this, it is so unfair

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BenefitsTrainingCo

Hi melg1962 I'm really sorry to hear this. Have you had a think about what points you think your son should have scored in which activities within the 2 PIP components? This website could be useful. You can look at particular activities, such as engaging with people, and you can also look by condition. Do see if you can get an adviser locally to act as a representative and prepare a submission - that could be Citizens Advice, or a more specialist charity.

Finally, it's worth remembering that the tribunal does have a duty to make sure vulnerable adults can be properly heard, by making the hearing as accessible as possible, so do ask if it would help your son to talk by video link or in some other way which might be less stressful.

I really hope you get the right decision eventually.

Will

melg1962

Thank you benefits training, I have already noted where I think he needs extra points, mainly cooking his meals, apparantly making toast and a bowl of cereal is classed as being able to cook your meals ! Also they say because he goes to the job centre once every two weeks, he can supposedly plan and make a journey, I went with him twelve times before he went alone and even then he was very panicky incase anyone say near him on the bus. I was also told because his grip pinch reflex was ok, he doesn't have dyspraxia ! He can hold a pen properly or use scissors or a knife properly. I have been onto a local adult ASD support group who are going to advise me, it is so unfair that one person can decide my sons ability to cope in everyday life in an appointment which barley lasted an hour. Wish they could live a day in my life, coping with my son. No wonder people lose the will to carry on. Thank you for your advice, it has gone a long way towards making me feel a little better

Matilda

The Atos assessor tried to trip me up. She asked if I sometimes abandon trying to cook a meal from fresh ingredients and instead opt for soup or a sandwich. I said no, I always at least try to peel and chop veg but on bad days am unable to complete the task.

melg1962

I'm Aidan's appointee and I was told I wasn't allowed to answer some of the questions, I said about him not being able to write very well because of his dyspraxia and offered to let him see Aidan attempt to write and he wouldn't allow it. Aidan can't cook from scratch yet got zero points on preparing a meal

Matilda

It's often a matter of how you put things. In my claim form I stated that on bad days I can't peel and chop veg; in my diary I put that each day either I couldn't manage to peel and chop at all or got so far but had to give up. I stuck to this line at the Atos assessment. I was given two points in this category. I have asked for a mandatory reassessment and have said that bad days should count as not being able to prepare a meal at all - eight points!

melg1962

Aidan can't do it at all , they classed making toast and cereal as a meal, he got zero points. They will just say you can do the task most days.

Matilda

The DWP's own guidance in their PIP Handbook state that the test is being able to prepare and cook a simple one-course meal for one from fresh ingredients, in other words meat and two veg. If the disabled person cannot complete this task on most days then they should count as not being able to prepare a simple meal for themselves or, alternatively, they need someone to prepare and cook food for them.

Of course, if the disabled person states that they don't even try to prepare and cook such a meal but instead always opt to prepare very simple food, e.g. toast, cereal, then they'll get no points because Atos/DWP are unable to assess whether they can prepare and cook meat and two veg because they don't try.

melg1962

Aidan has attempted to cook from scratch, he can't do it, he can't cook any food without forgetting to turn the gas rings off afterwards or even forgetting he's put food in which is dangerous, he cannot hold a knife properly to be able to chop veg or dice meat, all which was told to the atos examiner

Matilda

I assume you are going to appeal? Disability Rights say that 68% of appeals are successful.

melg1962

Yes I've got the forms to appeal and seeking advice from a local ASD group

Yiman60

melg1962 said:

Yes I've got the forms to appeal and seeking advice from a local ASD group

I went through the entire appeals procedure. My sons PIP,, notability was removed. It was an absolute farce as the Judge and doctor had no idea about Autism Spectrum. You need as many letters as possible , from , Carers, GP,. The more evidence you have the better.

peisuen

I am so annoyed that I have to apply for this PIP when I have DLA for many years, will they put it against if I win/lose the ESA tribunal? Can anyone help?

Thanks, Pei Suen

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