PIP Evidence statements

Hi SYLVIE D,
Sometimes DWP ignore evidence and reduce points to zero. This happens all too often and is nothing personal!
Contrary to what DWP say, I think that the 3 statements you have and medical reports (even if old) should be submitted. Again there is nothing wrong with a statement from yourself as mother, and presumably principle carer, indeed your professional life may serve to shed some insight onto your son's disabilities. Write saying the support you give, whether you take preventative or anticipatory action to eg avert a meltdown. You can also explain about the Assessment (assuming you were there.)
Try to formulate 4 or 5 bullet points that sums up the problems with the Assessment report.
Did your son actually speak and give correct answers?
Maybe he masks and says what people want to hear?
Maybe the assessor was pushy and your son meekly accepts what's said?
Maybe he was able to talk because he was at home with you, and on the phone? What would have happened if you were in town in an office?
Maybe your son son spoke slowly, sought a confirmatory nod from you, or indeed you answered the questions first?
Sometimes the assessor can misunderstand or write down incorrectly - it is likely that if the report is littered with spelling mistakes and poor grammar that there is a lack of attention to detail.
Perhaps the assessor simply did not understand the consequences of your son's health diagnosis.
Use these ideas to formulate the bullet points and give examples of the worst errors for each bullet. Write these down and set aside to copy out later.
Start the MR letter by giving background - initial diagnosis, schooling - including special help etc have there been any incidents of eg troublesome behaviour at school or later, give a thumbnail about the daily struggles caused by disability that your son faces.
Assuming that you son was in receipt of the previous award before it was reduced to nil, this is a Supersession case (legal word for change of benefit.) This means however that it is for DWP to prove that your son's health has improved (and a result he no longer qualifies for benefit.) Here your professional experience will be important - does your son's condition ever improve or resolve etc quote from professional medical material if you know of this - and of course mention he has previously been on disability benefits for a long time. Do mention that this is a Supersession case.
You mention the previous award being made by a tribunal -
if the tribunal award is still in place then DWP can not legally change the award. Include a copy of the Tribunal Decision notice. Confirm that nothing has changed since then. (Or if relevant confirm deterioration.)
Next put in the bullet points - use this to say why the assessment is not reliable.
Finally go through each descriptor - give details of your son's disability. Say the points that should have been awarded. The explain he can't perform the activity/what help he needs and give examples of what goes wrong. (If the DWP score is correct you can say briefly that eg because your son has incontinence you agree that he needs pads and hence is correctly awarded 2 points for needing an aid/appliance to help with this.
Remember that if 2 or more activities within the descriptor set apply then the higher points should be awarded if all equally. otherwise the most prevalent one is correct score. You can also explain in more detail the failings of the report specific to the descriptor.
Make sure you clearly label each page with son's name and NI number.

The MR letter should be sent in to DWP within 1 month of the decision date. However providing you can show good cause (illness, awaiting medical reports, family bereavement are all likely to be accepted, ) then you can submit MR up to 13 months after the decision. However you will need a very good reason if the MR is very late!)

I hope this helps.
Let us know how you get on.

LL26