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Help with appealing - son's PIP stopped despite condition being worse

michelle1973michelle1973 Member Posts: 3 Listener
edited March 2018 in PIP, DLA and AA
Hi, my son was awarded disability allowance approx 6years ago and then awarded PIP he has Asperger's Syndrome, anxiety, Socially Awkward, Sever Learning difficulties, mental health issues, then In January 2017 he was admitted to hospital and was diagnosed with terminal crohns disease, as he has been admitted to hospital 3 times last years and dependent on steroids and other medication and no improvement on his crohns diseases I decided to tell PIP about his health changes, BIG MISTAKES, he was not due for a renewal and I should of left it but his life has changed so much more with this awful disease I thought I was doing the right thing. 

They asked him to come in for an assessment which was extremely stressful for him and then we received a letter saying that they had stopped his benefit.  I done a mandatory appeal as advised by the CAB and received another letter saying that they have stuck by there decision, im absolutely baffled as my sons condition has not improved is has got worse.
 
I have been advised to appeal to a tribunal, which Im happy to do however I don't think my son could handle this, he is 18years old and im his appointee, I have always filled his forms out for him as this would be impossible for him to do, I was wondering if I go forward with this appeal does he have to attend?, can I talk for him? or can I get a representative for him. 

Im worried him attending will stress him so much he might self harm again, he also cant explain his disability & needs very well and almost can come across that his conditions are not that severe, but im with him 24hours a day, taking him to all his appointments and managing his medication and all his other needs he requires.  They are operating on him next month which may lead to a stoma bag for 6 months.  I would really appreciate some advice, many thanks Michelle 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello michelle and welcome

    I am so sorry for you and your son, the system really has failed you both

    if possible you should carry on with the advice from the CAB

    Have you asked for a copy of the assessment report ?
    This is important as it will show you exactly how the assessor scored

    Starting the appeal process is simple

    The first stage is to submit form SSCS1

     https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/689021/sscs1-eng.pdf

    Fill in all sections of the form, at this stage you do not need to go into great detail, just the basic reasons for your appeal are sufficient. A more detailed submission should be done later.

    It is always advisable to attend in person. Success rate is around 69%

    You will then receive an acceptance letter from the tribunal

    The DWP then have 28 days to prepare and submit their case and all the paperwork and evidence used in making their decision.

    You will be sent a copy of this, known as the bundle.

    Check that all your submitted evidence is included

    Using the bundle now is the time to prepare your own submission referencing by page and paragraph where the evidence proves that you meet the descriptor and criteria for an award

    You do not need further evidence to appeal but any new relevant evidence will help.

    It can help to keep and submit a daily diary of how your functionality is affected

    there is lots of good info on here about the appeal process, please have a read and come back

    CR
    Be all you can be, make  every day count. Namaste
  • michelle1973michelle1973 Member Posts: 3 Listener
    Hi CR, thank you for taking the time to read my post and offer your advice, I will definitely have a good read up on here and let you know how I get on
    Kind Regards  Michelle :smile:
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @michelle1973

    When I attended my appeal Hearing there was a lady in the waiting room who was appearing on behalf of her son who had refused to attend.  The lady told me she had received permission from the judge to attend on her son's behalf.  However, i don't know if her son's appeal was successful.

    Try to get advice from CAB or similar whether it would be better or not for you to attend without your son.  Either way it should count in your son's favour that he originally was awarded PIP before the reassessment.
  • michelle1973michelle1973 Member Posts: 3 Listener
    Hi Matilda, Thank you for your reply, Im just waiting for advice from CAB, also getting helpful advice on here
  • designleodesignleo Member Posts: 3 Listener
    Hiya 
    My wifes the sale.she has worsened capita assessor lied.mandatiry they keot sale decision.now off to court sent tribunal papers in december. Last week dwp hasnt replied to court.we had 7 days to get evidence in.now waiting.
    Its disgusting.my wifes has many life thretening issues. She cant wash dress or open a bottle.
    Dwp and capita are liars cab are a joke they turned us away twice
  • designleodesignleo Member Posts: 3 Listener
    We did everynight daily diary,photos,give them the several specialist shes under.they said they would contact them for further advice.they never did. Assessor said we have a both.we have a wet room. My wifes has dysphonia.she cant talk well sometimes not at all.he said she could talk perfectly ok.she has a damaged wrist and shoulder she cant use.guess what its muraculously cured the Day he came
  • mikehughescqmikehughescq Member Posts: 6,546 Disability Gamechanger
    Your son is 18 so he would ordinarily be expected to attend but, subject to you putting in sufficient evidence and a submission in advance, you can ask for a judge to direct in advance whether it would be appropriate for him to do so. In order to make this stick you would need to detail exactly what would happen if he did and ask yourself whether on balance he might be better to do so given that you’re statistically way more likely to win if he does. Have a look online for the Equal Treatment Bench book. Lots of helpful guidance within as regards attendance. 
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