Autism and a Tribunal

JayPee

Have any of you wise ones been to a tribunal ? Grandson, 21, has autism,CP, and OCD. Having worn splints and had surgery on his legs he's reasonably mobile. Some deficit but really the least of his problems. He'd like to stay in his room and be left alone to play games on his PC. Apparently there is nothing wrong with him according to the 30 min assessment at the DWP  so off to a tribunal. I've received the paperwork but am awaiting the date. What were your experiences? I am just getting started on my epistle to take with us. Nightmare -he thinks committing murder would be best as he could stay in a cell for 23 hours per day. Don't get me started .......

Nystagmite

I had one for DLA (which I won, just) and it wasn't that bad.

There are 3 people on the panel - someone from the DWP, a judge and an expert in disability.

The tribunal is based on how he was at the time of assessment and not the day of the tribunal.

Matilda

PIP tribunals do not have a person from the DWP on them (though DWP can send a rep if they want just to represent DWP, not be a member of the tribunal, but I understand that it is not usual for DWP to send a rep).

PIP tribunals comprise : a judge, a doctor, a disabled person or an expert in disability.  PIP tribunals are impartial, i.e. entirely independent of the DWP.

I haven't attended a tribunal hearing, yet - awaiting a date.  But there is info on Disability Rights' website about tribunals.

Also a relevant thread in the 'Announcements' section, at the top of the 'Recent discussions' page:  'Have you had a successful PIP appeal? We need your tips'.

janice_in_wonderland

I read OCD is no longer taken into consideration but Autusm is 

Sam_Alumni

Hi @JayPee how are you getting on?

JayPee

Well I thought an update would be useful. PIP was disallowed on Dec 27th 2016. After requesting a review and then an appeal- after 6.5 months we go a tribunal date.
Friday we trundled along to the tribunal. Very stressful. A lot was hanging on the decision. The original decision was over turned. An award has been made for mobility and for care. Woohooo.
The review and the appeal are both based on the initial assessment. If that is wrong then you have no choice but to go to tribunal. My grandson, now aged 21,could not have managed to request an appeal, attend the tribunal or prepared for the tribunal by himself. 
I have assisted a number of my own clients complete PIP applications successfully. I felt a failure because I hadn't been able to succeed for my grandson.
Happy days - a good outcome. And backdated benefits to follow.
As an aside - as part of the original assessment it was decided he could manage complex finances. A conversation a couple of weeks ago and it transpired that he hadn't had any ESA since Dec 2016 either. They stopped his DLA and his ESA. REALLY. No apology. Why was I not surprised. 

Matilda

Congratulations, @JayPee .  Going to tribunal can be stressful but usually worth it.

Liam_Alumni

Hi @JayPee,

That's great news about the tribunal - congratulations! Do you have any other tips to share with other members who may have appeals coming up?