Help needed after tribunal refused pip

Sjm210

My son has just been refused pip at tribunal they upheld the 6 points awarded. I know that if his father and I were not here he could not lead an independent life . He has left hemiplegia. No outside support as occ health physio etc have been utilised for many years now as they literally walked away around age 11 he is now 19. Any advice appreciated .

Chloe_Scope

Hi @Sjm210 and a warm welcome to the community! I am really sorry to hear that your son was not awarded PIP. I too have left hemi and all of my support diminished from the age of 11 (until I was 18 and required it all again). Have you thought about an Upper Tribunal? There is information on this here. It may also be worth to just check your sons score using the PIP self- help test as this could give you an indication of the award he deserves

If you need help with anything else the please do not hesitate to be in touch

Sjm210

Hi Chloe thank you so much for responding. I’m just a bit lost at the moment as to which way to turn tbh. I thought he articulated himself well but with no outside support I guess they just didn’t believe his struggles. What does the upper tribunal entail ? I have to admit that at 19 he’s at the stage where he doesn’t want help -even though he needs it and I’ve probably not helped by doing everything for him but he is so resistant to try anything. Just leaves me feeling so sad 😞 

Sjm210

I’ve just had a look at appealing to the upper tribunal but it says on a point of law ? Im unsure whether this is possible ? 

Chloe_Scope

Hi @Sjm210, if you ask for a copy of the statement of reasons then you will be able to have a look what was said and if there was anything your believe was incorrect or anything that wasn't included. This would be your base for an appeal. Hope this makes sense

Sjm210

Yes thank you, I have written the letter and will post in the morning. 

poppy123456

Hi,

I'm sorry to hear that. You need to email HCMTS and request a copy of the statement of reasons and record of proceedings. When you receive these you must find an error in law, with this then you won't be able to appeal the decision.

Did you have help with the Tribunal or did you do it yourself? If the error in law isn't found and you decide to re-apply then you really should consider getting some help because another refusal is possible if you use the same evidence again. Especially so soon after a Tribunal refusal. Good luck.

Sjm210

Thank you for replying we didn’t have help at tribunal and to be honest I thought it had gone well . My son was very honest and explained the difficulties he has on a daily basis . I think the issue is he doesn’t have evidence . His condition hasn’t been monitored for years we just get by. I wouldn’t even know where to start with evidence ?

poppy123456

You had no evidence at all? Not even a diary or a letter from someone that knows him well, stating how he's affected by his conditions in relation to the PIP descriptors?

Sjm210

No letters no. I had his ehcp that was updated within the last 12 months and a STudent finance report that wa s competed recently but that was all we had 

Chloe_Scope

Hi @Sjm210, it may be worth attempting to collate a lot more information regarding the impact it has on your son. Like Poppy said, this can even be diary entries from himself or letters from people who know him well (teachers are always a good one). The PIP descriptors can be found here. This is essentially what the evidence needs to show. I also would recommend getting external support from people like Citizens Advice. I really do wish you the very best of luck and when you get the Statement of Reasons you should have a better idea about where you stand

Matilda

@Sjm210

You would need someone with legal experience such as CAB or similar to look at statement of reasons to identify an error of law.

Yadnad

poppy123456 said:

You had no evidence at all? Not even a diary or a letter from someone that knows him well, stating how he's affected by his conditions in relation to the PIP descriptors?

How would a diary be accepted as good evidence that is written by the claimant? Or maybe a mate could write a letter? With no other evidence being submitted.
If that is all it takes I could write a diary for 7 days and would be able to get my neighbours to confirm anything that I asked of them for the price of a pint!
Given the assessor's opinion and the lack of quality evidence I cannot see how that low level of evidence would be in itself enough to make the DWP/Tribunal allow the claim/appeal.

debbiedo49

I had a letter from my son who is my carer at home that he wrote for evidence. They read through it and asked me about it. They seemed to take it seriously with my other evidence that described how my conditions affect me day to day. I had also been advised to keep a written diary which I did not do and on the day I wished I had because my mind went blank when asked to provide specific examples. So yes keep a written diary of how your condition affects you day to day. You will be asked to back up what you are saying.

Matilda

7 day diary, in table form, is a good idea - submit it with PIP form.  Tribunal based most of their questions on my diary.  I won my appeal.  Disability Rights site has a draft diary that you can adapt.

mikehughescq

All of this is irrelevant if you're appealing to the UT on a point of law. The first tier tribunal is the stage for assessing the evidence; finding facts and applying the law. That has now gone and you don't get to that stage again unless you win at UT on a point of law.

Sjm210

I think it’s all irrelevant now if I’m honest . It’s more to do with we don’t have outside support 

Sjm210

I asked him last night if he thought he could look after himself if me or his dad weren’t here . The answer is no so how the hell do I get the support in place in case this happens 

poppy123456

Hi,

I went through the same issues as you and it took me 14 years to get answers and help for my daughter. She's a couple of years younger than your son and i wouldn't stop until i got the help we both needed, as this doesn't just affect your son it affects those that care for him too. She now has all of her support in place at home and in college, paid for by the local council. Don't give up until you get that help because it's out there some where. Try the carers assessment and maybe an appointment with his GP too.

I would start with requesting a carers assessment. See link https://www.carersuk.org/help-and-advice/practical-support/getting-care-and-support/carers-assessment

There's also a needs assessment that you could possibly look at.

https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/getting-a-needs-assessment/

Good luck!

Sjm210

Thank you so much for the information and I will certainly look in to things . It’s just so frustrating . 

Yadnad

debbiedo49 said:

I had a letter from my son who is my carer at home that he wrote for evidence. They read through it and asked me about it. They seemed to take it seriously with my other evidence that described how my conditions affect me day to day. I had also been advised to keep a written diary which I did not do and on the day I wished I had because my mind went blank when asked to provide specific examples. So yes keep a written diary of how your condition affects you day to day. You will be asked to back up what you are saying.

It seems you provided more evidence in addition to the diary and letter suggested. Good.
But my post was also concerning the DWP when making the decision and just supplying a 7 day diary and a letter as the only evidence.

Sjm210

I think a diary I’m this instance wouldn’t have done any good . My son articulated himself well under questioning . They have given him 6 points which isn’t enough for low rate . It seems they are disbeliefing that he needs support to make a simple meal and is able to do so with the use of aids or appliances . I would love to see an able bodied person prepare said simple meal with the use of only one hand ? Just leaves me frustrated 

Sjm210

I’m starting back at basics again and made an appointment with gp so I’ll see where it takes us 

poppy123456

I would definitely follow the advice in the link about the carers assessment too. As your son is over the age of 18 although it's still difficult it's much easier than getting the help for a person who is under the age of 18.