PIP, DLA and AA
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Tribunal

zubyiazubyia Member Posts: 2 Listener
edited January 2018 in PIP, DLA and AA
Hi all , can anyone help !
just come back from my sons tribunal and disappointed they couldn’t over turn DWP award as they can only go by the mandatory reconsideration  and his situation at the time !
Good news is that he still remains on the enhanced rate for personal care and standard for mobility.
We need the enhanced rate as he is no longer doing his familiar journeys.He is Autistic and had learned his journey to college and gym with a support worker and was doing great but this has declined over time and he is now dependent on myself  to take him everywhere which is causing a lot of problems with me having no choice but to keep changing my shifts . My employer is getting fed up with it too. 
How can I get them to reconsider as this has caused my son a lot of anger to the point he’s saying that he wants to throw chairs  and he’s worried that he’ll cause harm to himself or someone else because of his anger which is caused by change if routes noise badly behaved teenagers the bus not stopping for him at his stop and so on . 
Can any one help please 

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @zubyia, and welcome to the community! I've moved this discussion to our PIP/DLA category where hopefully our members will be able to advise.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi zubyia and welcome

    It is correct that the tribunal can only consider your sons claim as it was and not any further deterioration since the award was made.

    You can only appeat a FTT decision on an error of law. To do this you first need to apply for a SoR then seek trained advice, it is rare that this happens

    You can submit a change of circumstance, if this is appropriate, on either a new condition or a significantly worstened one. If accepted then a new f2f will be required with the possibility of losing points as well as gaining them.

    When is your sons award due for review ? this is usually a year before the end date

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger

    It is not rare at all. I've only seen one FTT decision in 32 years where I had to hold my hands up and concede that there was no error of law.

    You need to request a Statement of Reasons but as importantly you need to request a Record of Proceedings, which is the judges (usually) handwritten notes on the day.

    However... what you're describing has taken place since the date of claim (?) if I have understood correctly and therefore cannot be considered by the FTT as they correctly said. A UT could find an error of law and send the matter back to a FTT but you would have the same or worse outcome (because it would be a fresh hearing of all issues).

    Are you saying that he got an award of PIP and then his circumstances changed immediately so you did an MR or that he'd been on PIP for a while and you did a supersession? I'm not clear.

    Whilst he may not currently do his familiar route you appear to be saying that he remains capable of doing a route once familiar. If that is the case then 10 pts for mobility and an award of the standard rate would be correct.

    If he can no longer go out and do a route to the point it becomes familiar then that's very different. You would need to ask for a supersession of his current mobility award only and explain from when this deterioration occurred.

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