PIP Tribunal Help please — Scope | Disability forum
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PIP Tribunal Help please

NWJ
NWJ Member Posts: 3 Listener
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 

Comments

  • Ami2301
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    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!
    Disability Gamechanger - 2019
  • NWJ
    NWJ Member Posts: 3 Listener
    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
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Is diabetes a disability?
  • NWJ
    NWJ Member Posts: 3 Listener
    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
    chrisvanf Member Posts: 63 Courageous
    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.  
    Edited, re-edited, bits added, bits taken out spellchecked then edited again, 
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    You need f2f advice good luck
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    edited September 2018

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