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TOPIC: PIP and EHCP's

PIP and EHCP's 3 weeks 5 days ago #243215

my daughter is 16 and moving from DLA to PIP. She has an EHCP but im unsure whether i should send it.
The EHCP has lots of things in it that would be helpful for the claim but like most EHCPs it is overly positive and has some extremely unrealistic outcomes that my daughter will actually not ever be able to meet and i am concerned that if i send the EHCP in for evidence that these unrealistic and unachievable outcomes will then be used against my daughter for PIP??

If i don't send in the EHCP (as i have lots of other medical reports) will the DWP be able to request to see it themselves? or by not sending it in would in result in them then contacting the school for evidence?

any advice if youve been in this position greatly appreciated! its a complete minefield and i dont know what to do for the best!

many thanks, faye

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PIP and EHCP's 3 weeks 5 days ago #243220

Hi Faye

Only you can decide what supporting evidence you should send in, but it is probably unwise to send anything that could potentially harm your daughter's claim.

I once refrained from sending in a letter for someone that had the words - 'they cannot work at the moment." - the fact is the person will never work because their condition is life long and they are very sick with no chance of getting better. Yet we guessed that if we had included that one statement it might have given the DWP the idea there would be a change in the future. We may have been over-cautious but we didn't send it even though it was from a key person involved in their care, and we sent in other evidence instead.

It is a balancing act, but if you don't feel right about it and think it could be open to interpretation then consider very carefully whether you want to use it.

The DWP rarely contacts any expert for further evidence and it would only be those listed on the form. You can select who you choose to put on the form. If you are sending lots of other information it is unlikely that someone will even think about an EHCP

BIS

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

PIP and EHCP's 3 weeks 4 days ago #243269

Hi Fayre

I raised these very concerns 5 years ago on this site. EHCPs were virtually unheard of then. My query 5 years ago was similar to yours. That particular thread involved input from Gordon the moderator on here as well as Steve Donnison - the site owner I believe. I cannot find it on this site anymore when I log in? Yet, if I Google "EHCP and claiming PIP" it comes up/results with the entire thread to my original post and query 5 years ago. If you can, please try to access this information. It might help you a bit. Best of luck. In the past I have opted to submit "extracts" from the EHCP as part of the evidence. There was once talk of EHCPs being linked automatically to PIP claims - it appears not to have happened 5 years on. It's all still a farce in my opinion! If in doubt do not submit! All the best in your struggles.

Buster

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PIP and EHCP's 3 weeks 4 days ago #243277

faye / buster

Here's the link to the information that Buster is referring to

www.benefitsandwork.co.uk/forum/10-dla-e...and-care-plans-ehcps

Please bear in mind that it is now five years old and may no longer be applicable.

Gordon
The following user(s) said Thank You: buster

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