PIP Tribunal Help please

NWJ

Hi,
Im new to this site and looking for some advice please. My son is 16 and type 1 diabetic. He has received DLA since diagnosed age 7 and like many people, his DLA stopped and was after applying for PIP, he was denied. I am at the stage where I have completed Mandatory Reconsideration, all denied. I have applied to Tribunal Appeal and awaiting date. DWP have responded to all the information I sent and have asked the tribunal to "dismiss case". I expected this. I now have to respond to the arguments and reasons they have dismissed/argued. 

My son does not have any cognitive behaviour problems and they quote all the way through that 
"as he has not cognitive behaviour problems and now 16, he is deemed fit to manage his Type 1 diabetes"!!!!!!

I send lots of letters, medical evidence from his diasend medical blood glucose metre and they didn't even pick up on this or respond to it that gave hard medical facts that he is out of range every day and not OK "on the majority of days" or on a "typical day" as this is their argument that he IS ok on majority of days and a typical day.

Their recent response quotes "benefit isn't paid on the basis of having a particular health condition but on the IMPACT of the health condition impairment on the claimants everyday life"

Along with not even looking at the medical statistics which prove his disability DOES have an impact on his everyday life, he is not OK on a typical day,.....I feel i need some advice on how to respond.

Looking forward to hearing from people who can help. Thank you 

Ami2301

Hi @NWJ
Welcome to the community! My stepdad was a diabetic and he really struggled to look after himself, he was in his 50s. Any benefit he tried to claim they deemed him fit for work. I understand your frustration completely, unfortunately I've never experienced the tribunal process so I don't know how to advise, sorry. Im sure other members of the community will be able to help you and will be in contact with you soon I wish you and your son all the best!

NWJ

Thank you for your reply Ami2301.
we are struggling without the financial support my son received getting DLA (which was stopped in March 2018). He needs the benefit to be able to buy him foods to support his diabetic needs including hypo drinks and snacks to have throughout the day. He also needs good healthy foods to eat. Ive noticed since his award was stopped, this is affecting his out of range sugar levels which leads to him having highs and lows.....the simple fact is by having his entitlement, results in better diabetic sugar level control, keeping him in range and avoiding the worst case scenario of being admitted to hospital.....its so frustrating to have a disability that you cannot cure and need the support to be PERSONALLY INDEPENDANT as in the benefit name!!!1 

debbiedo49

Is diabetes a disability?

NWJ

Hi Debbie,
Yes, he has always received DLA since the age of 7 and it is a recognised disability benefits wise. I know a lot of people have Type 1 diabetes, he has been insulin dependant since diagnosis. He struggles more now he is in his teens with hormones, growth, rebellion than he did when he was younger   

chrisvanf

Hi @NWJ While diabetes might be considered disabling and a disability for social security payments, I think the requirement for PIP is not the disability, but rather how the disability affects the claimant in everyday life.
And as your son is now 16, he should possibly be making the claim for himself.  

debbiedo49

You need f2f advice good luck

debbiedo49

I looked this up may be useful?
https://www.diabetes.co.uk/personal-independence-payment.html

Ashton05

Hi 
I am in a similar position 
My son is 17 got turned down 
type one since 9 it is so frustrating people do not realise how serious it is 
my friend died last year from a hypo 
also had two friends children die in their sleep that’s how serious it can be 
our tribunal is 19th Jan I’m fighting it all the way for my son 

Hannah_Alumni

Hello @Ashton05

I'm so sorry about your friend and your other friends children. How are you coping? If you do ever need someone to talk to, they really are a lovely bunch here in the community  

How are you feeling about the upcoming Tribunal? 

Ashton05

Hi Hannah 
I am nervous I’m doing it over video link as too anxious in person as No one to represent me 
its an awful thing to have to go through 
thank you 😊 

Hannah_Alumni

@Ashton05 Hopefully being able to do it over video link means you'll still get your say and you'll hopefully feel more relaxed doing it!  

rebel11

There are some videos on Youtube that may help calm your nerves. Preparation is everything, run through the questions they may ask, maybe get a friend to ask you those questions in 'roleplay', also don't be scared to refer to notes to help you. 

Ashton05

I don’t know what questions they will ask that’s the problem I’ve no idea as not been through anything like this before 

Ashton05

I’m hoping so Hannah just no idea what to expect 

Hannah_Alumni

Citizens Advice are excellent at going through the process if you need any additional information. 

Ashton05

I’ve  contacted them but not replied back as they helped me fill the appeal letter along time ago 

Hannah_Alumni

Hopefully it's just because it's the Christmas period, things are a little delayed? 

Ashton05

It was when I heard when it was but will ring again next week 

chiarieds

Please try not to worry as the Tribunal just want to find out the difficulties your son faces. There will be a judge, a Dr & someone with an understanding about disabilities.

If you look through all the paperwork you should have received, called the bundle, you will see your son's initial claim form, Mandatory Reconsideration & anything else you may have since sent. Read through these, & remember questions will be about the time your son was assessed, so if there has been any change since then this will be irrelevant.

So, if you haven't done so previously, when answering, try & give a couple of detailed examples as to the difficulty your son faced for each applicable descriptor, i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences to him  attempting/doing an activity?

Say if he can't do an activity 'reliably,' i.e. safely, to an acceptable standard, repeat as often as one would reasonably expect, or if it takes him much longer than someone without a disability.

My best wishes to you both.

Ashton05

Hello 
Thank you for that 
not looking forward to it but come this far I doubt we will win but fighting it until the end