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DWP stopping my Tribunal Appeal, Can they do this?

  • Mrs Beaumont-Baker
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3 months 2 weeks ago #287089 by Mrs Beaumont-Baker
DWP stopping my Tribunal Appeal, Can they do this? was created by Mrs Beaumont-Baker
Hello,
In a nutshell. I have ASD/ADHD, fibromyalgia, chronic migraines, CFS, osteoarthritis, anxiety and persistent depressive disorder among other things. I applied for PIP March 2022. Even using your site I scored no points. I asked for mandatory reconsideration and because it was late in, they shut my case down. They reopened it because my ASD. I scored 11 points Daily living. 10 points for planning a journey and 4 points for moving around.

My big issue is they have not taken my ASD or ADHD needs and communicative deficits into consideration. If I score myself I should get well over 20 points in daily living. I cant cook for example but they say I can. One of the biggest problem I have is place blindness, I get lost everywhere I go. I have been living in my present home for over twenty years and still can't find my way around town.

They rang me today and said they would give me an extra point for a ladies problem which brings me up to 12.

So I'm enhanced on both. Because of this she said she will now shut my case down from the tribunal.

I am entitled to so many more points and don't know what to do.

They also said I would be reviewed in 2027. I told her I was going to still going to go to tribunal because I'm not happy with a review in 2027. She said she would give me five years.

I don't know what to do. This short paragraph doesn't show how sick I have been over my lifespan and how suicidal I am every day of my life because of high traited undiagnosed ASD/ADHD, the years of sick leave and difficulties I have in many areas of my life. Maybe this sounds crazy but I want to go to tribunal to get all of the issues I have because of my neurodiversity recognised.

She told me that now I am getting enhanced on both rates, the tribunal will reject my application for a hearing.

Is this true?

Very kindest regards from an very distressed autistic

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3 months 2 weeks ago #287098 by Chris
Hi Mrs Beaumont-Baker,

As much as what you've been through with your sickness and disabilities etc - if you have received enhanced on both - then this is a big win and the best outcome that you could wish for. I am expecting from what you've typed, that you were hoping for a 10 year light touch award ? Me personally, 5 years is a really long time, and a huge success with you getting enhanced for both. I wouldn't persue it, even if you could, because a tribunal can go both ways, and you can lose, as well as win.
I would honestly just accept that you've got the best result award wise, and even if it is only 5 years, instead of 10, it's only one more set of papers to fill in from 2028/29 time.
Allocating you additional points will make absolutely no difference to getting enhanced for both, as it's the best result and highest award that you could've hoped for.

Regards, Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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