Son had PIP refused

tinky1971

Hi im a mom to 16yr lad who has aspergers who has had his dla taken off him an pip refused. Can anyone advise

CockneyRebel

Hi tinky and welcome

Have you asked for a mandatory reconsideration ?
Have you asked for a copy of the assessment report ?

CR

tinky1971

Hi yes after a ness up their end i finally had answer yesterday. The mandatory has been declined so i will now take it to tribunal.
Dreading it 

Sam_Alumni

We have a great video about going from MR to tribunal that might help

CockneyRebel

Tribunals do not have to be scary, but it is always best to know how the process works leading up to the hearing.

So having been through assessment and MR you still do not have the award you deserve, the next step is to appeal to the independant tribunal.

If at all possible get f2f advice from CAB or similar

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

CR

tinky1971

Thanks let's see why they refused again last time was because he is intelligent and goes mainstream school

lillybelle

I was asked what type of school I attended (30 yrs ago) and because I said comprehensive the assessor said I was fine, no memory loss etc.
How she can come to this decision when during and after a seizure I can’t see, hear, feel be aware of anybody or surroundings and my memory is completely mashed up for a period of time, god only knows.
TBH I stated in my MR that I was not stupid or uneducated and would be very insulted if people thought I was. 
So that sorted that comment out.
Tell them exactly what he can’t do and why.
this decision really annoys me.
if you are not backward in any way or mentally ill,and are intelligent then you have no disability.
especially if you can’t see the disability as well.
Steven Hawkins had a disability but I wouldn’t say he was thick , would you?

tinky1971

She also said he made eye contact which he may have a bit and was not anxious. No he wasnt because i prepared him for what was going to happen which as we all know is how you work with autistic kids. Im a qualified teaching assistant. Next time if i take him i wont bother and let him have a meltdown.