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Dla to PIP
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7 years 1 month ago #209826 by Sarah
Dla to PIP was created by Sarah
Hi,
I have a 16 yr old son with ADHD. He has received DLA for 8 years unquestioned. He is on meds 4 times a day and has 14.5 hrs one to one (with more if they can) at school and endless support at home. He was asked to attend a Face to face assessment a few wks ago. The assessor did not ask for an example of a typical day, he didn’t ask for any info on how my sons condition effects his daily life, he did not question what he struggles with or how he is supported at school. He asked leading questions such as “so you know your way around the village you live in?” And “what lamdmarks do you know? Tesco, could you walk there?” Tesco is five minutes walk and we have lived here for 15 of my sons 16 years. I gave them a letter from paeds and his EHCP but they stated that he showed no cognitive impairement at the interview and that this was consistent with his medical history, I beg to differ! They also refer to him being able to calculate change, he wasn’t asked to demonstrate this, they refer to a mental state examination. I’m not aware this was done. They say he showed normal memory but his EHCP shows otherwise. It came back with 3 points. I have emailed school and they are going to write a report to back him up and I will also write one about home. We will keep a dairy for a wk at home and school as soon as they go back and I also have friends who will back us. Any more advice would be v welcome. Thank you.
I have a 16 yr old son with ADHD. He has received DLA for 8 years unquestioned. He is on meds 4 times a day and has 14.5 hrs one to one (with more if they can) at school and endless support at home. He was asked to attend a Face to face assessment a few wks ago. The assessor did not ask for an example of a typical day, he didn’t ask for any info on how my sons condition effects his daily life, he did not question what he struggles with or how he is supported at school. He asked leading questions such as “so you know your way around the village you live in?” And “what lamdmarks do you know? Tesco, could you walk there?” Tesco is five minutes walk and we have lived here for 15 of my sons 16 years. I gave them a letter from paeds and his EHCP but they stated that he showed no cognitive impairement at the interview and that this was consistent with his medical history, I beg to differ! They also refer to him being able to calculate change, he wasn’t asked to demonstrate this, they refer to a mental state examination. I’m not aware this was done. They say he showed normal memory but his EHCP shows otherwise. It came back with 3 points. I have emailed school and they are going to write a report to back him up and I will also write one about home. We will keep a dairy for a wk at home and school as soon as they go back and I also have friends who will back us. Any more advice would be v welcome. Thank you.
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- Gordon
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7 years 1 month ago #209828 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dla to PIP
Sarah
It's not clear from your post whether a Decision has been made on his claim or whether you are looking at the assessors report?
If a Decision has been made then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
It's not clear from your post whether a Decision has been made on his claim or whether you are looking at the assessors report?
If a Decision has been made then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sarah
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7 years 1 month ago #209829 by Sarah
Replied by Sarah on topic Dla to PIP
Thank you Gordon,
This is the PIP decision letter. They haven’t enclosed the report. I will ask for it. I have printed off the form for reassessment.
Thank you.
This is the PIP decision letter. They haven’t enclosed the report. I will ask for it. I have printed off the form for reassessment.
Thank you.
The following user(s) said Thank You: Gordon
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7 years 1 month ago #210292 by Sarah
Replied by Sarah on topic Dla to PIP
Hi,
Right, I now have the report.
My general feeling is that on several issues Giacomos problems have been played down. There are five parts of the mental assessment they have stated he could do but did not take place at the assessment. I do not feel enough questions were asked about how his condition effects day to day life and therefor not enough information has been given. The assessor was a paramedic, not sure how this profession qualifies someone to assess for ADHD? Sarah.
Right, I now have the report.
My general feeling is that on several issues Giacomos problems have been played down. There are five parts of the mental assessment they have stated he could do but did not take place at the assessment. I do not feel enough questions were asked about how his condition effects day to day life and therefor not enough information has been given. The assessor was a paramedic, not sure how this profession qualifies someone to assess for ADHD? Sarah.
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7 years 1 month ago #210293 by Sarah
Replied by Sarah on topic Dla to PIP
So much to take in, also it refers a lot to how is medications are effective but overlooks the fact that they only help the condition temporerily and do not eleviate issues completely by any means. Also they have said that now he’s maturing he is more aware of his behaviour and control it. Not the case, I simply said that he is very slowly becoming more aware but still cannot control it in most circumstances, particularly familiar ones.
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7 years 1 month ago #210313 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dla to PIP
Sarah
It may well be that the assessor does not have the knowledge to assess someone with ADHD but you cannot assume that this is the case, you need to show it by reference to the report, where the assessors has stated opinions that someone with experience of this condition would not have made. Be aware that this can result in a new assessment being required.
Dealing with the problems in the report is important but an award will only be made by your showing that he meets the criteria for one, so I would go back to his PIP2, the PIP Claim Guide and the report to make sure you have done this. Remember he needs to complete the activities reliably and on the majority of days.
Gordon
It may well be that the assessor does not have the knowledge to assess someone with ADHD but you cannot assume that this is the case, you need to show it by reference to the report, where the assessors has stated opinions that someone with experience of this condition would not have made. Be aware that this can result in a new assessment being required.
Dealing with the problems in the report is important but an award will only be made by your showing that he meets the criteria for one, so I would go back to his PIP2, the PIP Claim Guide and the report to make sure you have done this. Remember he needs to complete the activities reliably and on the majority of days.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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