PIP, DLA and AA
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PIP rejected so upset

NaughtynanNaughtynan Member Posts: 80 Courageous
Hi
I received my son's pip application and it has been rejected. He's been awarded zero on all his assessments. I am so shocked the way they have portrayed is like he's doing everything perfectly. He's 21 and if I weren't his carer he be lost without me. He has global delay and developmental difficukty. He's up at the crack of dawn and runs strong the room to calm himself but of course I didn't want yo bring this up during the assessment as didn't want to discourage him. He's also just started yo use gym as his weight was going up so now he's happy doing exercise. The way they have described us like he is an athlete and if he was doesn't mean he's not struggling. He needs help! He needs me to take of him. He is in receipt of ESA support group. He had dla for middle care and low mobility and now everything is going to stop. 

 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Naughtynan

    Try to get some f2f help from CAB or similar, or local authority welfare rights.

    advicenow.org.uk/pip-tool

    will generate a mandatory reconsideration submission letter.



  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    Try this below. However, he’s not going to qualify for PIP unless you make full disclosure. Holding back imformation will not help any challenge. Global developmental delay splits both the social work and medical professions so making it harder by holding back infirmation is going to badly damage your chances.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    I haven't hold back information. We were honest in his interview.
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    Naughtynan said:

    “He's up at the crack of dawn and runs strong the room to calm himself but of course I didn't want yo bring this up during the assessment as didn't want to discourage him.”
    This? 
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    Naughtynan said:

    “He's up at the crack of dawn and runs strong the room to calm himself but of course I didn't want yo bring this up during the assessment as didn't want to discourage him.”
    This? 
    I see what you mean now. It's just the assesor didn't listen to me from the start of the assessment and indicated this by addressing my son only. Every time I added a point he totally ignored my input and just carried on with questioning my son. My son replies almost everything positively and I never tell him he can't do anything and in fact try to emphasize the things he can do. 
  • YadnadYadnad Posts: 2,856 Member
    The claimant is expected to answer the questions. Unless someone is his appointee, anybody interrupting the assessor would be ignored
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    Yadnad said:
    The claimant is expected to answer the questions. Unless someone is his appointee, anybody interrupting the assessor would be ignored
    I am his appointee and carer, all DWP letters are addressed to me.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Then you should have answered all the questions and not your son.
    Community champion and 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.
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    I don’t think that’s true. Appointeeship shows only that the claimant is mentally incapable of handling their own financial affairs and thus the appointee becomes the claimant for benefit purposes. However, under the MCA capacity is determined on an issue by issue basis and lacking capacity for one thing does not demonstrate a lack of capacity for other things. Unless there’s been a specific statement made about lack of capacity for communication etc. and that’s been flagged with IAS et al then the appointee is treated no differently to a companion during a HCP assessment and it’s legitimate to direct questions only to the claimant. 
  • twiglet08twiglet08 Member Posts: 3 Listener
    my p.i.p. was taken off me after 10 years I felt let down by a young slip of a boy who done my assessment and it was all lies he put down on paper I'm 66 and never been treated like that in my life 
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    twiglet08 said:
    my p.i.p. was taken off me after 10 years I felt let down by a young slip of a boy who done my assessment and it was all lies he put down on paper I'm 66 and never been treated like that in my life 
    Oh sorry to hear that, didn't you apeal?
  • twiglet08twiglet08 Member Posts: 3 Listener
    yes I did I was up in front of 3 women who grilled me for 55 mins and it took them 5 mins too stop my p.i.p. I blame the government 
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    edited September 2018
    Rtwiglet08 said:
    yes I did I was up in front of 3 women who grilled me for 55 mins and it took them 5 mins too stop my p.i.p. I blame the government 
    Yes, it's after all the regulations set by government and I think they're under pressure to stick to number of required rejections. Unfortunately the dice turns for some of us. 😟
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    That’s wholly incorrect if you’re talking about tribunals. They’ve no targets. The only pressure is to minimise adjournments.
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    That’s wholly incorrect if you’re talking about tribunals. They’ve no targets. The only pressure is to minimise adjournments.
    I mean in general  and the whole system is to lower numbers. 
  • YadnadYadnad Posts: 2,856 Member
    twiglet08 said:
    yes I did I was up in front of 3 women who grilled me for 55 mins and it took them 5 mins too stop my p.i.p. I blame the government 
    Given the end result was it worth the effort and stress in taking it to appeal? I was 70 when I had my third reassessment and knew that I could no longer carry on with the PIP system never mind take it to the appeal Tribunal.
  • YadnadYadnad Posts: 2,856 Member
    I don’t think that’s true. Appointeeship shows only that the claimant is mentally incapable of handling their own financial affairs and thus the appointee becomes the claimant for benefit purposes. However, under the MCA capacity is determined on an issue by issue basis and lacking capacity for one thing does not demonstrate a lack of capacity for other things. Unless there’s been a specific statement made about lack of capacity for communication etc. and that’s been flagged with IAS et al then the appointee is treated no differently to a companion during a HCP assessment and it’s legitimate to direct questions only to the claimant. 
    If that is the case of the poster then we are back where we started from, the assessor was well within their rights to ignore what mum was saying
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    Just update on my son's pip. I sent for mandatory reconsideration and today received it was rejected. The same zero points. They didn't even consider proof of my son having help with studying his assessments of dyslexia. It's like they describe some One else. 🤔 now I have to apeal. It's so hard as I'm not well myself.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Sorry to hear this, @Naughtynan.  But 71% of appeals win.
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    Matilda said:
    Sorry to hear this, @Naughtynan.  But 71% of appeals win.
    Thank you 🙂.
    I went to my local CAB as I get very stressed in these situations but they were shut for a staff meeting so I have to go tomorrow morning. 
    They just repeated their previous statements and even added my son uses Google to find new address. I was there no mention of Google don't know where they got that from. I just don't understand it's like they are describing another person.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited October 2018
    CAB or local authority welfare rights should be able to help.  Also Disability Rights UK site has a good guide to PIP appeals.

    Disabilities have to fit relevant descriptors.  Take a look at the list of descriptors on DR site.
  • NaughtynanNaughtynan Member Posts: 80 Courageous
    I sent the appeal form but today I have received a letter saying they are stopping my income support as I am no longer a carer.  :/:'( I went to job centre plus as couldn't get them on the phone. I apparently can apply for universal credit but this is adding to our stress. I don't know what I am to do with no help and bills.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unfortunately this is correct because of the DLA award you now don't qualify for Income Support and Carers Allowance and they will stop 4 weeks after the decision was made.

    Check for sure what's in your area to see if it's a full UC area, if it is then it's this you'll need to claim. http://ucpostcode.entitledto.co.uk/ucdate

    If you're claiming housing benefit then this will also transfer to UC but your housing benefit will continue for 2 weeks after you apply for UC.

    There's at least a 5 week wait for first payment of UC so if you do claim housing benefit then you will need to speak to your landlord and tell them about the UC claim. You will need your tenancy agreement to claim the housing element of UC.

    Tax credits reduction isn't part of UC and needs to be claimed separately from your local council.

    You will be expected to look for work as part of your UC claimant commitment.

    Once you claim UC you can't go back and claim Income Support if your son's PIP claim is successful at either MR or Tribunal.

    Good luck.


    Community champion and 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.
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