Failed at PIP tribunal- what next?
I was given zero points in my PIP assessment (paper based), and same at MR. I had my tribunal yesterday. Although they agreed that some points should have been awarded in Daily Living, it wasn’t enough to be awarded PIP. I’m autistic and have ADHD. I have two degrees and work 30 hours and throughout the process, this seemed to be used to show I didn’t need PIP. I’m waiting for the written response to the tribunal to see where points were and we’re not awarded.
I tried to argue in preparing food and taking nutrition that hyperfocus and side effects of meds mean I forget to eat, struggle to prepare food and particularly plan and go food shopping- meaning I eat a lot of takeaways and sometimes only eat once a day- which they seem acceptable. I also get distracted when cooking sometimes- and I have to set timers to remind me to check on food. In terms of managing a health condition- I have to set timers and alarms for my medications as they are taken at different times and I’d forget, and sometimes do. For reading and understanding written information- it takes longer to process information and requires using mind mapping and note taking. For verbal communication- I struggle to read between the lines, with small talk, complex instructions etc. I also use Read&Write for a lot of written stuff. For engaging with people face to face- I struggle with masking and mostly avoid social situations- with the exception of sport as its easier to engage with others when it’s activity based (sport also helps with the hyperactivity). Masking also means that social activities take a lot of mental effort and a long time to recover from- I’d therefore argue that I can’t do some of these things “safely” in terms of psychological safety, and would like to access support perhaps in terms of therapy or coaching for this (not readily available on the NHS). In terms of money, I spend impulsively due to ADHD, have debts and am terrible at planning. The tribunal seemed to think that because I “understand the value of money” this is OK. I sort of do but it’s complicated.
I think a major reason I wasn’t awarded is that the descriptors require you to both think outside the box whilst thinking strictly inside it too. They don’t seem to relate to anything other than physical disabilities. For example, because theoretically I can prepare a meal (chop vegetable and throw stuff in a pan) then I’m OK. On good days I can do this, but they are less than 50% of my week.
I’m aware of cases that have gone to the Upper Tribubal in relation to the descriptors but not sure if that’s an option for me. Anyone have experience of doing this?
I’m so deflated but at the same time want to fight against this ridiculous benefits system.
Comments
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Hi @Cookiefish I'm so sorry to hear you didn't win your tribunal, I understand how hard that can be when you've been fighting for so long. You can apply for the upper tribunal, but that's only if you feel laws weren't taken into account. It'd be best off speaking to someone from CAB regarding upper tribunals as they tend to have more law based information to hand and could advise if you have grounds to appeal.
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The PIP descriptors are definitely not just aimed at someone with physical conditions. I can think of at least several daily living ones that could potentially apply to someone with mental health, cognitive or sensory issues. Then you have the one descriptor for following and planning a journey.
You can't just appeal a Tribunal decision because you disagree with it. First you need to request the statement of reasons and record of proceedings within 1 month of the date of the decision. Once you receive those you need to find someone to take a look to see if they can find the error in law, if not then you can't proceed any further with this claim.
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That’s what I was planning to do, and I’ve already requested these. There’s a couple of rulings that might apply but it depends on what their reasons were.
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