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PIP Appeals - written process offer then rescind
- Carol Rivas
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4 years 6 months ago - 4 years 6 months ago #252590 by Carol Rivas
PIP Appeals - written process offer then rescind was created by Carol Rivas
My son has autism and Ehlers Danlos and pretty incapacitated by both. Rejected by PIP which made him suicidal - he received 0 points despite a life of pain, meds and a destroyed future etc etc etc. He said it took him years to get validation from his GP and now he is being told again there is nothing wrong with him......so he opted for a written appeal which was offered due covid, ie no phone or video/face to face. I know this could make it less likely to get a good outcome but since he is suicidal about it this seemed all he could do. Anyway the appeals team have replied with a triage decision that he HAS to do a face to face assessment still for 75 mins and can opt for phone but that this reduces the evidence (as things cannot be shown). [removed - naming Tribunal panel members on an internet forum is inappropriate. Gordon]. I think my son will opt for phone and then get me to do it (and become suicidal again - he is on meds). I just wondered of others' experience with this. As he has autism and pointed out at assessment that he would not use the phone even to phone 999 as he hates phones so much and I provided evidence that he usually texts me rather, with texts saying things like 'I feel too tired/ill to phone' repeatedly, can this even be forced. And why do the appeals panel not believe his copious medical records which say he is very disabled? I would love feedback and advice on all of this please. He cannot walk far at all, he cannot even get to his bedroom on some days and sleeps on a chair in the sitting room then (have just ordered a sofa bed), and without the PIP no blue badge, no income, no support.
Last edit: 4 years 6 months ago by Gordon.
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4 years 6 months ago #252608 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeals - written process offer then rescind
Hi Carol
I can understand your dismay at what has happened. Are you your son's appointee or does he handle things himself? Can you be in on the call? If you can this needs to be arranged.
Unfortunately having lots of medical evidence means very little if the person reading it has no knowledge of the condition and/or a claimant hasn't made it clear how that evidence and their medical conditions impact on the specific PIP criteria.
Becca one of our members won at a tribunal - now it was when it was still when they were doing face to face. She went in and told them that her son was present and they could speak to him, but she did not want to hear some of the negative things that could impact on his health. The panel agreed and never spoke to him. I think you should be arguing a similar thing over the telephone. Have a look at Becca's thread because she also give an example of the specific case law she used to help win her case. I think you might find it helpful. You need to read the entire thread.
www.benefitsandwork.co.uk/forum/10-dla-e...by-appointee?start=0
It is not too late for you to send any additional evidence. You should be better off with a medical panel, but the fact is many professionals don't have an understanding of autism unless they're a specialist and pain conditions are always difficult. That's why if you can, you need to be able to direct the call and say things for your son, that he may not be able to make clear himself. If you did not already submit a letter about what you know about his health (against the PIP criteria) - you should do so even if you helped him fill in the original form. This is what you have observed and no one other than your son knows him better.
BIS
I can understand your dismay at what has happened. Are you your son's appointee or does he handle things himself? Can you be in on the call? If you can this needs to be arranged.
Unfortunately having lots of medical evidence means very little if the person reading it has no knowledge of the condition and/or a claimant hasn't made it clear how that evidence and their medical conditions impact on the specific PIP criteria.
Becca one of our members won at a tribunal - now it was when it was still when they were doing face to face. She went in and told them that her son was present and they could speak to him, but she did not want to hear some of the negative things that could impact on his health. The panel agreed and never spoke to him. I think you should be arguing a similar thing over the telephone. Have a look at Becca's thread because she also give an example of the specific case law she used to help win her case. I think you might find it helpful. You need to read the entire thread.
www.benefitsandwork.co.uk/forum/10-dla-e...by-appointee?start=0
It is not too late for you to send any additional evidence. You should be better off with a medical panel, but the fact is many professionals don't have an understanding of autism unless they're a specialist and pain conditions are always difficult. That's why if you can, you need to be able to direct the call and say things for your son, that he may not be able to make clear himself. If you did not already submit a letter about what you know about his health (against the PIP criteria) - you should do so even if you helped him fill in the original form. This is what you have observed and no one other than your son knows him better.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carol Rivas
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4 years 6 months ago #252694 by Carol Rivas
Replied by Carol Rivas on topic PIP Appeals - written process offer then rescind
Thank you that is all really helpful and pragmatic so I am clear what I am up against. One issue I am having is that my son, in a practice we had, will not answer in the expected way as he thinks it illogical that people do not understand so he will focus instead on something irrelevant. I guess I should point out to the panel that this is how autism is, if he does it, rather than getting frustrated that he has lost an important opportunity - i.e. with autism you can give an intelligent answer but it may not relate to the conversation in the expected way. Anyway thanks I will now read the thread you suggested.
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4 years 6 months ago #252697 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeals - written process offer then rescind
Hi Carol
Write yourself a small checklist of what you want to tell the panel before the process starts. Although you will have a medical professional, you won't necessarily have an autism expert. But even if you do - it's always best to state the obvious - it's good in case they don't know but it also shows your expertise. After all in this case you are the expert!
BIS
Write yourself a small checklist of what you want to tell the panel before the process starts. Although you will have a medical professional, you won't necessarily have an autism expert. But even if you do - it's always best to state the obvious - it's good in case they don't know but it also shows your expertise. After all in this case you are the expert!
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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