PIP, DLA and AA
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Blatant lie told in my son's PIP decision.

DaveDeeDaveDee Member Posts: 22 Connected
In one sentence re taking nutrition was reported correctly as saying at consultation said appetite is reduced when have migraine. Then in sheer contradiction to that statement only 2 lines further on reported to have said eats a meal every day EVEN ON DAYS WHEN MIGRAINES OCCUR.
Before making this blunder the DM advises to contact the Health Care provided directly if any queries about the Consultation. Also failed points because epilepsy major seizures are not for majority of days and frequency of such means NO real possibility of harm would occur. Unbelievably  the risk of harm caused by his epilepsy is too remote to satisfy any scoring descriptors on safety grounds. Yet the last sentence by the DM says eligibility for PIP is based on capacity to do prescribed activities rather than the severity of condition or illness. SURELY the DM is reliant solely on severity of epilepsy being insufficient to claim. Todd's
 Paresis epilepsy is one of the most debilitating types to overcome especially with NO KNOWN TRIGGERS. My son is at his wits end over this PIP nil award even trying to get a job even though his condition will befall him but needs some income resource to provide food and home for partner and 3 young children. Only got his award last time thanks to an understanding Tribunal but now his high intensive mental health therapies over 2 years is likely to be repeated at his current level of anxiety.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry to hear this. There is often lies told in reports. As hes already been through Tribunal then i'm sure you know the next step is to ask for a mandatory reconsideration. You have 1 month from the date of the decision to ask for this. He will need to put in writing what he disagrees with and where he thinks he should have scored points. Most MR decisions remain the same so the likelyhood of another Tribunal is high, unfortunately. Any extra evidence he has should be sent with the MR letter. Good luck.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • DaveDeeDaveDee Member Posts: 22 Connected
    Hi @Poppy thanks for your advice but must explain that Tribunal was from the last time his review came up. This time he attended an assessment and disagreed with nil points by Health Proffess. Report. Points  given by DM were 4 points on care and 2 points on mobility. After challenging this by asking for a Mand. Recons. He has been given nil points again so has lodged a paper appeal. Frustrated father trying to help out with his paperwork. Just do not hold out much faith in this judicial system of assessments and silly decisions given without due reasons.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Paper appeal? Do you mean Tribunal? This is your next step and you need to fill out the SSCS1 form and attach the MR decision letter to the form. If you don't do this your appeal will not be accepted.

    I would strongly advice your son and yourself to attend the Tribunal hearing in person. This is because they can see exactly for theirself how you son is, rather than paper evidence. 65% of those who appear in person have a decision in their favour. It's much less for those who ask for a paper based decision.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • DaveDeeDaveDee Member Posts: 22 Connected
    @poppy123456 Appreciate what you say, but my son is so fearful of facing a panel on appealing because of bad ordeal when it became so inquisitive about his sordid life in N.I. affecting his mental health status today and had to undergo over 2 years High Intensity Therapy from a Psychologist almost weekly. He is adamant that wants a paper appeal hearing so just waiting for bundle to arrive. Won case on a paper appeal last time was renewed so cannot be so bad. Thanks and always welcome any further input from you.
  • DaveDeeDaveDee Member Posts: 22 Connected
    @poppy123456 Sorry do mean Paper Tribunal hearing.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    So sorry to hear about the situation and the impact your past experiences have had on your family, @DaveDee. I really do feel for you. Best of luck with your paper hearing: please do keep us updated and we'll advise where we can. You might also be interested in lodging a complaint about your experiences to the DWP: here is their complaints procedure.
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