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pip appeal for disabled uni student

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gitaparmar
gitaparmar Community member Posts: 24 Connected
edited December 2018 in PIP, DLA, and AA
hi everyone been ages since i last posted. just thought i keep updated.  my daughters MR also came back with just 2 points on DL which was the same as the original decision despite sending in further evidence from the GP.  Their main reason for refusal was she attends uni so she doesnt need any help despite sending in lothes fof evidence from uni  with all the support that is in place for her at uni. she has a support worker who meets her at the entrance of the uni campus and she stays with her until she comes home. she takes notes for my daughter and liases with lecturers on her behalf and the support she  has had from us to even get her this far despite all her lecturers.  any way i have on friday sent of for her tribunal.  Can anyone advise as I am an appointee for my daughter would she still need to attend an hearing or can i go for her.  I have already called the helpline for the tribunal and they have  advised me that she would not need to attend as i am her appointee and they have said it would't make any difference to the hearing.  but any advise from appointee's in the forum would be greatly appreciated.  did they attend the hearing on their own or did the person claiming also come.  Thanks

Comments

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
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    I'm truly sorry to hear about your daughter's MR outcome @gitaparmar. That must have been really frustrating, particularly given what you've shared with us here. Hopefully some of our members will be in touch and able to advise.
  • gitaparmar
    gitaparmar Community member Posts: 24 Connected
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    Hi my daughter has autosm. Suffers from mental health, high anxiety and panic attacks. She cannot talk to unknown people and if she did it would only be yes or no. She is at uni but she gets a lot of support
  • gitaparmar
    gitaparmar Community member Posts: 24 Connected
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    The whole idea of sorting money issues would make her very anxious and be very overwhelming for her. Everything she does has only been been with the support and guidance from family
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    gitaparmar,
    In my experience of similar cases, I agree with everything Mike has said. You do act in place of the claimant so legally there is no need for your daughter to go, but I think she will have much more chance of success if she attends.

    If she is there, that will enable the tribunal to gain more understanding of her condition, exactly what she can and cannot do and what you do for her. 

    I completely understand your explanation of how she's able to be at university but needs an appointee. However, the tribunal will be far more likely to understand this, & not see it as inconsistent or contradicting the PIP descriptors if you both attend. Be prepared for the tribunal members to want to ask her questions rather than having you speak for her throughout - you will get a chance to add anything at the end.

    I've helped other families in not dissimilar situations and whilst you can't predict questions you might get asked about whether your daughter understands how much money she has, whether she controls her bank account, whether she can take money out & spend it etc.

    You may have done this already, but I'd recommend that you look through the PIP descriptors to understand which you think she should have been awarded. You might want to summarise the descriptors you think apply, and explain why, in a written submission to the tribunal - but you don't have to do this, it's not essential and lots of people win without sending in a submission. It's arguably a lot more important that you both attend.

    Will
    The Benefits Training Co:

  • gitaparmar
    gitaparmar Community member Posts: 24 Connected
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    Ok thanks for that. I'm not sure she will be able to cope with attending as that is going to increase her anxiety levels and and she would struggle to speak to the tribunal and she will end up with panic attacks. When I did the tribunal I sent additional information against the discritors with the difficulties my daughter has

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