- Posts: 18
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP -Advice on how to extend period of review?
× Members
PIP -Advice on how to extend period of review?
- HappyUnwell
- Topic Author
- Offline
Less More
5 years 2 months ago #244986 by HappyUnwell
PIP -Advice on how to extend period of review? was created by HappyUnwell
Consultation assessment report stated due to my son being 16 and not yet an adults plus getting specialist input so likely a change in functionality. So they suggest 18 months review.
That means we have to go through the whole thing again so soon! He has autism & adhd. These are life long conditions.
How can I approach this to request or argue the case for a longer review.
That means we have to go through the whole thing again so soon! He has autism & adhd. These are life long conditions.
How can I approach this to request or argue the case for a longer review.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 2 months ago #245002 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP -Advice on how to extend period of review?
D
You may find it difficult to argue for a longer award, it is not about his conditions but the limitations that result from them.
They mention "specialist input" is he seeing someone currently?
It is not unreasonable to assume that he will adapt to his problems as he grows older.
The award length is part of the Decision so it can be challenged through a Mandatory Reconsideration and appeal, you will need to show that it is unreasonable to expect his limitations to change over the 18 month period.
I have to warn you that we have not seen huge success in challenging the award length, especially at MR and with appeals taking upwards of 42 weeks to be heard it is likely that a reassessment will be started before a hearing can be convened.
Gordon
You may find it difficult to argue for a longer award, it is not about his conditions but the limitations that result from them.
They mention "specialist input" is he seeing someone currently?
It is not unreasonable to assume that he will adapt to his problems as he grows older.
The award length is part of the Decision so it can be challenged through a Mandatory Reconsideration and appeal, you will need to show that it is unreasonable to expect his limitations to change over the 18 month period.
I have to warn you that we have not seen huge success in challenging the award length, especially at MR and with appeals taking upwards of 42 weeks to be heard it is likely that a reassessment will be started before a hearing can be convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- HappyUnwell
- Topic Author
- Offline
Less More
- Posts: 18
5 years 2 months ago #245009 by HappyUnwell
Replied by HappyUnwell on topic PIP -Advice on how to extend period of review?
Thanks Gordon for your detailed reply.
The 18 months is a recommendation from the assessors in their report to DWP.
I’m going to state that his condition is life long and is not something you grow out of. There is no cure for adhd or autism as it’s not an illness. He’s needed the same care over the past 10 years which has not changed. He will continue to need the same level of support from home & from outside services.
What do you think? Could I say anything else?
The 18 months is a recommendation from the assessors in their report to DWP.
I’m going to state that his condition is life long and is not something you grow out of. There is no cure for adhd or autism as it’s not an illness. He’s needed the same care over the past 10 years which has not changed. He will continue to need the same level of support from home & from outside services.
What do you think? Could I say anything else?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
5 years 2 months ago #245015 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP -Advice on how to extend period of review?
Hi D
There is a small window for you to write to the Decision Maker but you will need to be quick.
I would write a letter outlining your sons condition as you have done in the forum and highlighting his care needs over time.
Gary
There is a small window for you to write to the Decision Maker but you will need to be quick.
I would write a letter outlining your sons condition as you have done in the forum and highlighting his care needs over time.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 2 months ago - 5 years 2 months ago #245031 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP -Advice on how to extend period of review?
Hi D
Have a look at this thread by forum member Becca (read the whole thread) - She has a son with autism who was given a short award length. At Tribunal she argued for a longer one and the panel agreed and he now has an ongoing award (10 years). In about the fourth entry down she quotes the case law she used. at the tribunal. It may be useful for you.
www.benefitsandwork.co.uk/forum/10-dla-e...ppealed-by-appointee
BIS
Have a look at this thread by forum member Becca (read the whole thread) - She has a son with autism who was given a short award length. At Tribunal she argued for a longer one and the panel agreed and he now has an ongoing award (10 years). In about the fourth entry down she quotes the case law she used. at the tribunal. It may be useful for you.
www.benefitsandwork.co.uk/forum/10-dla-e...ppealed-by-appointee
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 2 months ago by BIS.
Please Log in or Create an account to join the conversation.
- Jo2468
- Offline
Less More
- Posts: 52
5 years 2 months ago #245032 by Jo2468
Replied by Jo2468 on topic PIP -Advice on how to extend period of review?
Hi
I was in the same position last week. I fully intended to do a MR based on the length of award only. 18 months on my assessment report. I posted another thread that explains my circumstances.
The follow up to that post shows that the DM increased my award to 34 months. Which I am happy with. My decision was made over the phone by the DM and he said he couldn't increase the award length. So when I received my letter this week, they had decided to award longer anyway.
Hope this helps. Try ringing them if you can and speak to a DM. It seemed to work for me.
Best wishes. Xxx
I was in the same position last week. I fully intended to do a MR based on the length of award only. 18 months on my assessment report. I posted another thread that explains my circumstances.
The follow up to that post shows that the DM increased my award to 34 months. Which I am happy with. My decision was made over the phone by the DM and he said he couldn't increase the award length. So when I received my letter this week, they had decided to award longer anyway.
Hope this helps. Try ringing them if you can and speak to a DM. It seemed to work for me.
Best wishes. Xxx
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David