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TOPIC: Taking claimant to PIP appealed by appointee

Taking claimant to PIP appealed by appointee 2 months 1 day ago #219408

Hi,
I have appealed against the PIP award for my adult son, who has autism and mental health issues. I am his appointee.
I have just received a date for the hearing (just over 58 weeks since they received my appeal documents!)

I will, of course, be attending, but I didn't really want to take my son, who finds it very difficult to have to listen to everything about what he can't do, and how miserable it makes him.
I understand they would wish to ask him questions, and in the questionnaire, I made it clear that he always says what he thinks people want to hear, and that is backed up by the reports from the day centre and support workers.
He did have a face-to-face assessment, and the HP has, of course, used what he said as fact. (ATOS insisted it was at his home, so that he was in a comfortable, familiar environment)

His award is for the enhanced rate daily living skills (despite no points for communication needs)
but no mobility, scoring only 4 points.

I have appealed the mobility, thinking that he should get 10 points, given that he has never done an unfamiliar journey alone, (or wanted to), and he can also not plan a route, read a bus map etc, for the 8 points.

Should I take him to the hearing and struggle through the weeks of trying to help him get over it afterwards?
Should I take him to the hearing and leave him in the waiting area with my sister and hope they don't want to talk to him, or at least let him wait outside while we talk about the things that make him unhappy?
Or should I not take him to the hearing and tell them that I am not taking him when I send in the final evidence?

And an extra, related question, if I may. What sort of training has the health professional done, that the DM calls her a 'trained disability analyst'?

Thank you so much for your help.

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Taking claimant to PIP appealed by appointee 2 months 1 day ago #219430

Becca

I can't say whether you should take him or not, would your doing so contradict the problems you say he has with Going Out?

If you don't want him to attend then you need to ask permission from the Judge responsible for his hearing, contact the Tribunal Service.

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

Taking claimant to PIP appealed by appointee 2 months 1 day ago #219446

Thank you, Gordon. I appreciate your advice.

No, it would be ok for that, because he can go if I take him, as he would rely on me to get him there. I think I will arrange that my sister can stay with him in the waiting room, and I'll write and ask permission that he only comes into the hearing when they want to speak to him.

Thanks again
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Taking claimant to PIP appealed by appointee 1 month 2 weeks ago #220527

Have just come back from the hearing. The panel were happy for him to remain in the waiting room, as that's what he wanted to do.

I was only in there about ten minutes, as they said I had given plenty of evidence, which was corroborated by many professionals.

They said that he should retain the enhanced daily living, and that he scored the 10 points I for mobility activity 1 as I had argued for.

They also set aside the two year award and said the award should be ongoing.
(On the notice it says - It is inappropriate to fix a term).

I had quoted paragraphs 62, 63, 66, 73, and 74 from, and attached the full judgement of, RS v Sec of State for Work and Pensions [2016] UKUT 0085 (AAC).
I think this helped a lot to get the ongoing award.
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Taking claimant to PIP appealed by appointee 1 month 2 weeks ago #220533

Becca

That's brilliant news, well done.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call next week to make sure that they have received the Decision Notice.

Gordon

Tags: @RESULT @PIP @APPEAL
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Taking claimant to PIP appealed by appointee 1 month 2 weeks ago #220551

Hi Becca

Really pleased to hear the Tribunal listened to you and you got a fair award. Your info has been really helpful to me as I'm in almost the same position. My son is 16 has a number of physical disabilities and has aspergers. He can't use public transport and needs accompanying everywhere. We had a number of medical reports and got awarded 0 points for mobility /journeys which I'm now taking to tribunal.

My dilemma is same as yours in whether I take him along with me as his appointee. He is articulate so sounds like he is giving adequate responses, however he can't articulate his needs and isn't aware of the extent of support he requires. He's been to two face to face interviews within a month and they were soul destroying. I really don't want to take him along now to a tribunal. My plan is to write in advance to the tribunal to say I will attend alone. I hope they understand.

I'm going to look through the case you sent and see if it applies anywhere to us. Hope you can relax now this is all behind you!

E
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