Published on 12, July, 2020
Hi folks,
*This is my first post, please be gentle! :-)
I have recently applied for PIP, but my application has been rejected and I am now off to tribunal.
One of the main reasons the DWP have rejected my application is because I drive. Amongst other issues, I really struggle with multi-tasking, e.g. cooking and doing university work at the same time. The DWP are essentially arguing that because I can drive a car, and this requires multi-tasking such as having to brake, change gear, be aware of other road users etc. all at the same time, the difficulties I face in other areas of my life cannot possibly be as bad as I have described.
Just wondering if anyone else has come up against similar lines of argument from the DWP before, or what the best way of countering this argument might be?
Many thanks,
Joe
Glad I could help! I write my statements like I would a university essay e.g
As the highlighted sentences in the OH referral dated xxx explain, I find the social demands of being in a group, as well as the sensory overload caused by the lighting and noise, to be distressing. This leads me being unable to take nutrition without support as I purge in the toilets throughout the day to cope with the stress. These situations also result in me experiencing regularly meltdowns, which included suicidal thoughts. As a reasonable adjustment at work I have now been given my own office to provide me with significant alone time during the working day. This is stated in the report dated xx
Thank you for the reply. I’ve provided medical history but didn’t think to highlight, hoping tribunal will be more understanding.
I'm sorry to hear about your bad experience. I've been to uni, now work as a teacher and I drive. I was awarded PIP enhanced rate.
I backed up nearly every point I made with independent evidence inc a letter from a manager at my previous work, A2W reports, highlighted copies of my GP notes etc. I believe this is what lead to my successful award.
Hi there,
I would say to fight the DWP decision if you feel that autism is hampering your life at all. The appeal process isn't fun, and it is lengthy, but you will get a fairer hearing than any ATOS assessment. There have even been recent High Court cases and parliamentary reviews which have concluded that many assessments are not fit for purpose.
I finally won my appeal a few weeks ago, after 20+ months and two tribunal hearings. I was initially assessed as worthy of zero points. After my final tribunal, I have been awarded 26 points! A friend of mine who was in the same situation (zero points) also won his appeal recently with over 20 points.
Although I flunked out of university (for social rather than academic reasons) and couldn't get my driving licence due to my attentional difficulties, my friend succeeded at both, and still it was eventually recognised that this doesn't invalidate his other difficulties.
Do get help from an advocate if you can, though. Having someone who understands both the process and the way that PIP assessment is scored can make a big difference, and of course, provides some support with the stress of the whole experience.
As NAS37595 said, a tribunal hearing will have professionals present who understand your condition a whole lot better than an ATOS assessor, and the judge will mediate so that you can't be browbeaten by a DWP representative (there isn't always a DWP person present, but there may be.) The tribunals were a very stressful experience, but the questioning was much more pertinent to the difficulties that I really face; and importantly, they acknowledged that my academic abilities were no guide to my capabilities in other areas of my life.
Best wishes and good luck!
I didn't go through the tribunal process. They (PIP) called my support worker at the time and queried why I needed PIP when I had been to university, and I just accepted their decision at the time and currently do not receive it. I'm now working with somebody who specialises in autism, and she has said she thinks I should definitely be able to get it, so I'm considering trying again with her support.
I would definitely recommend having someone on your side who understands ASD before going through tribunal as they should be able to understand and convey how ASD affects your life in a way that other people might not. This explains appeals a little bit: http://www.autism.org.uk/benefitappeals and I think a tribunal is supposed to have somebody with experience of your condition as part of the decision panel, so hopefully that would go in your favour.
Good luck!
Hi, thanks for the reply.
I’ve just finished university as well and they’ve also made comments about that; luckily my support mentor and personal tutor have supported me and written really good statements of support. Can’t believe the lack of understanding with it all!
I don’t have a representative yet as I’ve been doing it all myself with support from my partner. Have you been through the tribunal process yourself? Did an advocate help you?
Best wishes,
Hi Joe
I was refused PIP because I had been to University. They ignored the fact that I completed my degree with a lot of support. I'm not entirely sure why they pick up on something like that and assume you must be fine, but it feels like they might need to understand ASD a bit better! I haven't tried applying again so I'm not sure how to get around it. Do you have any one to support or advocate for you?