Getting PIP and ESA for my son

System

This discussion was created from comments split from: Should I complain to DWP now or wait for my PIP decision.

emmabuzzy

Iam  new to Scope

BenefitsTrainingCo

Hi @emmabuzzy - welcome! Please post a new discussion with some details if you think we could help you with some advice!

Mary

emmabuzzy

HI My son Matthew is 27 but got a mind of a 9yrs old he has Autism Learning Disabilities and Behavioural Disorder I am his carer  for a year I have been fighting for him to get PIP without any success I am at my wits end I tried everything I was getting ESA until 14 Aug 17 because I did not attend the medical because  they is nobody to look after Matthew both my parents have died no friends I suffer from Depression and serve panic attacks 
emmabuzzy 

BenefitsTrainingCo

Hi @emmabuzzy

Thanks for getting back!

So there are two issues going on here, both of which require similar action - that is to say that you need to follow through the procedure for challenging decisions, starting with a Mandatory Reconsideration for both refusals.

I know it is daunting to start challenging decisions when you feel isolated and depressed, but ignoring the refusals will not make them go away.

Try contacting local agencies to see if there is anyone who can offer face to face assistance - either a CAB, or a Welfare Rights in the Council, or if you rent from a Housing Association they often have departments who assist with appeals - as do some Moneyskills service.

Where exactly is the PIP appeal up to? Have the First-tier Tribunal had a hearing? If so did you attend with your son?

In the longer-term, if your son manages to get his PIP re-instated you may wish to change from ESA to Income Support and Carer's Allowance.

The CAB have some useful information online that might also help you:-

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

Bottom line - don't just leave this, make sure you take the appropriate action, and don't hesitate to ask us as many questions as you like!!

Best Wishes,

Mary

emmabuzzy

 Hi Mary
when my son had his medical I did get    Mandatory Reconsideration and he scored 0 points so I appealed he had a medical which his GP did and got 6 points but I cannot go to the citizen advice because where I live My son lives in east Yorkshire and I live in the east riding of Yorkshire  with me living in east riding and I am my son appointee east Yorkshire will not help us and the same with the east riding will not deal with my son I have asked  his doctor for a letter more than once each time I get told they do not do them which I know they do and last weekend he went into a behavioural mood he just  recked  the  kitchen he also punched a hole in the bedroom door punched the wall and had to take him to the walk in centre and he as a facture in his hand then I had to take him to facture clinic Has for me I have asked for  Mandatory Reconsideration which I am waiting for

BenefitsTrainingCo

emmabuzzy,

Hi again, ok so you've asked for a mandatory reconsideration on your ESA. If you explained exactly why you couldn't attend (no one to look after Matthew) then the decision might be changed), but it may also depend on whether you let the DWP know at the time. If the mandatory reconsideration isn't successful, you may need to appeal. 

 Because that is your own benefit, the CAB where you live in the East Riding should help you. I also think it would be a good idea to ask them for help anyway, because it sounds as if you have hardly anything to live on and I think someone should do a benefits check for you. For example, going on what you've said, I wonder whether you might be entitled to PIP yourself, and they could help you to claim that, too.

For your son's PIP, I don't really understand why east Yorkshire CAB won't help you because as your son's appointee you act for him & so should be able to use a service for where he lives. If I've understood it correctly though, you've already been to appeal for your son and that wasn't successful because he only got 6 points. So probably, the most practical thing to do now is to claim again. If possible, get help with filling in the PIP questionnaire when it arrives.

It may be possible to challenge the appeal decision but that would be difficult and you would definitely need expert help. There's nothing to stop you making a new claim for your son, and it's best to do it as soon as you can, but get help to make a good application.

The Cherry Tree centre in Beverley may be able to help you (I know that is in the East Riding, but if you explain your circumstances, perhaps they can tell you where to go if they can't help). They are on (01482) 871 993.

I'm not sure what local authority area your son is in but if the CAB really won't help, even though you are the appointee, then I think you should go to either your own or your son's MP and ask them to help you. MPs have surgeries where staff can help constituents with benefit issues. I would try to go to whichever is easiest for you to get to, given all the difficulties you've got.

Will