PIP, DLA and AA
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Dare I say PIP disallowed

JayPeeJayPee Member Posts: 13 Listener
21 year old Grandson had middle rate for DLA awarded nothing on PIP. He has CP and is Autistic. Doesn't receive any "treatment or medication" therefore there is "nothing wrong with him!"  When we went to the assessment he was so anxious that he squirmed in his seat and hardly spoken. He asked me to speak for him.Obviously a big mistake. Assessor only looked at him 3 times during the assessment. Sent in an appeal, again because he went to a normal school and isn't on any treatment he is fine. 
He is only fine because he lives at home and meals are cooked for him, he is safe and secure. Not difficult to increase his anxiety levels.  His PIP decision arrived today. Refused. He said perhaps he should kill someone - at least then he would be allowed to stay in a room all the time and be left alone. Fortunately he does have a sense of humour and doesn't really mean it. We are in the situation where he couldn't write the appeal himself, doesn't leave the house (except to walk the dog once per day) and yet is expected to produce additional non existent evidence for a tribunal. 
Job centres haven't been helpful - unless he applies for more than 5 per week and finds work in the next year they can't help him. We live in a village and he can't manage public transport by himself.
Sorry just feeling trapped by the system - just like everyone else.

Replies

  • [Deleted User][Deleted User] Posts: 0 Pioneering
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  • JayPeeJayPee Member Posts: 13 Listener
    Don't despair. Sounds awful but your lad may come out of it better because he is mute.Terrible that you could be pleased that someone's child is more disabled - at least to the uninitiated folks who do the assessments!  Our lad has no concept of money but apparently can manage complex budgeting and journeys. I'd like him to take them on a journey and mange their money!! Good luck when your time comes.
  • [Deleted User][Deleted User] Posts: 0 Pioneering
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  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hi @JayPee - many appeals are successful.  I think that you would benefit from some face to face PIP advice if available in your area from the CAB or similar advice agency.  Scope Helpline could advise you about help in your area.  

    If your appeal fails you could just re-apply for PIP.   The applicant's disability has to be fitted into the DWP's template.  That is, they have to be unable to complete a range of daily activities reliably on at least 50% (at least four a week) of days.   Sounds like your son doesn't have walking problems but would have difficulty planning a journey.

    It isn't essential to produce additional evidence for an appeal - only to convince a tribunal that the DWP's decision was wrong.

    Disability Rights and CAB websites have PIP advice including advice about appeals.   I think that DR are more comprehensive than CAB.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Dear JayPee,

    I agree with Matilda and think that it is well worth challenging this decision. You say you 'sent in an appeal' - was that the mandatory reconsideration request? If that's the case and you want to take things further, then you can go to an appeal, and I'd strongly advise you to do so. 

    As Matilda says only problems with certain activities are relevant to PIP. You could go over the self-test with your son here to get an idea of what they are looking for. I'd also recommend that you get local help, eg from a CAB.

    There isn't a need for additional evidence, but you could do things such as keep a diary of what your son needs help with, or can't do at all, for a couple of weeks. 

    You mention the Jobcentre, but it sounds as if your son might be someone who could get Employment and Support Allowance (ESA) instead of Jobseeker's Allowance (JSA)? Unfortunately, that usually involves a medical too, but it is carried out by a different firm at least. If he hasn't yet applied for ESA, and hasn't been on JSA or anything else that would stop him from getting it, then he should ask for 3 months backdating when he claims.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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