Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: PIPS tribunal best submission ever - still lost

PIPS tribunal best submission ever - still lost 1 week 4 days ago #230458

I recently wrote a PIPS tribunal (1st tier), for a client with ASD (Autistic Spectrum Disorder), who although prima facie presents as capable, nonetheless has many & varied difficulties. I submitted a very full & comprehensive account detailing such, backed up by 2 superb medical reports, extremely detailed & helpful, written by 2 doctors, both Clinical Psychologists, specialising in autism.

We appeared in court before a judge who said it was the best written submission she had ever seen in all her years on the bench (& the panel concurred). Thank you, I’ll take that. All in all, so far so good. Except it then lost.

The result was extremely disheartening & I feel very disgruntled about it, as it would appear that my client was dismissed on the basis that prima facie they present as capable so were consequently judged as such, despite overwhelming evidence to the contra. ASD is an extremely complex diagnosis and the support needs of individuals are not readily apparent to casual observers. This includes judges and panel members with no specific knowledge or experience of the condition & presumably accounts for why they awarded zero points. I regard it tantamount to prejudice, especially as they seem to have totally disregarded the medical evidence, or indeed the written submission, in favour of judging the client on appearance.

Please Log in or Create an account to join the conversation.

PIPS tribunal best submission ever - still lost 1 week 1 day ago #230569

So sorry this has happened. Are there any points of law in their decision that you are able to challenge?

Please Log in or Create an account to join the conversation.

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

PIPS tribunal best submission ever - still lost 1 week 1 day ago #230612

Thank you. So far no. I've requested a statement of reasons, which we're still awaiting, but tbh I'm not that hopeful. I think it's going to be a case of reapplying & fingers crossed we get a different judge & panel. Sadly that whole process means further distress & worry for the client, with no guarantees as the end. But it's a case of Hobson's choice.

Please Log in or Create an account to join the conversation.

PIPS tribunal best submission ever - still lost 1 week 11 hours ago #230652

MicheleB - It's really annoying. I did do a quick google search to see if any cases had come up at the Upper Tribunal stage. I found one case - which was won by a claimant with ASD. I do not know whether it will be of any use to you at all - but it's quite interesting to see how they had broken the law and made assumptions despite the evidence presented. if you search for ' Before M R Hemingway Judge of the Upper Tribunal Decision' - you should find it.

Please Log in or Create an account to join the conversation.

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

PIPS tribunal best submission ever - still lost 1 week 6 hours ago #230665

I quoted all the recent relevant cases I could find. Hopefully we'll have better luck next round, be it another appeal or a fresh start. But either way the client is already distressed at the prospect of having to undertake further procedures.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: GordonSarah MartinGaryBIS