HELP WITH PIP TRIBUNAL DECISION - NOBODY GETS IT!!!

Hi, I've found this forum as I have been desperately searching for help this afternoon following a difficult hour and a half tribunal hearing over the phone. Please note - I DO NOT find it comfortable to speak on the phone so did ask for a paper hearing which was adjourned in December and the tribunal recommended me to opt for a telephone hearing instead.

Background - I have struggled my whole life, my mental health became so poor in 2018 that it was effecting my daily life so I finally went to my GP to ask for help. I was diagnosed with anxiety and depression and prescribed antidepressants and CBT. 

I also had a diagnosis of Crohn's Disease and Fybromyalgia at this point. I then made my first application for PIP. This was rejected.

After trying 5 different antidepressants which didn't help and my mental health getting progressively worse I was finally referred for an autism assessment. I received my diagnosis in 2022 and a few months later also received my adhd diagnosis. Now I know why life has always been difficult for me.

Whilst waiting for my autism assessment in August 2021 I reapplied for a new PIP claim which was again rejected. Feeling strongly about this I asked for a mandatory reconsideration wii j was also rejected. Having by then having my diagnoses confirmed I applied to appeal the decision at a tribunal.

This whole process has took 19 months and been the most stressful time of my life. As I mentioned there was a paper tribunal hearing in December 2022 but that was adjourned and the panel recommended I opt for a telephone hearing and they also requested my full medical records from 2020 (which had never been requested before).

I sent all of this in and having chased weekly for a new date today has been the telephone hearing. The tribunal's decision was to agree with the decision of the DWP and I am heartbroken.

I don't know where to go from here, I have no support, I feel like whilst the panel sounds like they're listening and understanding they really don't otherwise how could they reject my claim?

Can anyone help with regards to taking this further? And how I could put a better case forward? I feel so strongly that I deserve this benefit but the difficulties I have in daily life are just not being taken seriously Cry

Parents
  • I mean pip is completely misnamed. They used to call it disability living allowance which is closer to it. It’s for things you need to stay alive that non disabled people wouldn’t need. It’s not about independence it’s about paying for the time of the people you are dependent on just to stay alive.

    it’s not really about including disabled people in society it’s about making sure their basic bodily functions are taken care of. It’s an independence payment in the same sense that universal credit is universal. That is to say not at all. Independence may just occasionally be a side effect of the payment.

  • I know this is a late response, but that’s not quite true. I have an autoimmune condition as well as autism. I can no longer grate my own cheese or chop my vegetables. I have to buy grated cheese and pre cut veg. It costs more. PIP helps to cover that cost. 

    Autism means I struggle to park my car when spaces are few. PIP and a blue badge mean I have easier access to parking or the ability to pay for a taxi when I know I can’t park (at the hospital for example). 

    It is about independence, and the supporting of, not about paying for an actual person to care for you. 

  • I mean someone was payed to chop that veg for you, to grate the chease for you, even if it was someone operating a machine in a factory. The taxi driver is paid to drive you about. Their time is being 'paid for.' I think you thought I meant it was just about paying for profesional carers but that wasn't what I meant. My point is pip is assesed based on whether a person can feed and cloath themselves, go down to the shop etc. Not based on their social / work life etc.

    When I think about independance I think about being able to go out and have fun on my own terms. To engage with the wider world socially or in work or lessure. PIP isn't about that. It's about the extra cost of staying alive and not living in squaler if you are disabeled.

Reply
  • I mean someone was payed to chop that veg for you, to grate the chease for you, even if it was someone operating a machine in a factory. The taxi driver is paid to drive you about. Their time is being 'paid for.' I think you thought I meant it was just about paying for profesional carers but that wasn't what I meant. My point is pip is assesed based on whether a person can feed and cloath themselves, go down to the shop etc. Not based on their social / work life etc.

    When I think about independance I think about being able to go out and have fun on my own terms. To engage with the wider world socially or in work or lessure. PIP isn't about that. It's about the extra cost of staying alive and not living in squaler if you are disabeled.

Children
  • Consider the typical high functioning autistic person in otherwise good health.

    As at February 2023, 51.1% of applicants whose main disabling condition was "Asperger syndrome" were successful in their PIP claims, which is close to the overall average across all conditions of 52%. For "Autism", it was 72.3%.

    Source: Benefits and Work

    So if you are high functioning auristic but not socially anxtious to the point of being a shut it you've basicly got no chance of getting pip unless you have some sort of other issue going on.

    Having recently completed a PIP application myself - including using specialist resources to learn more about each activity, and how autism can affect us in respect of them - I have to say that I find your assumptions and conclusions shocking (and not in a positive way).

    The process led me to recognise, and to have to come to terms with, all kinds of ways in which my autism has - previously unbeknownst to me - been causing me significant issues on a daily basis. 

    In an ideal world, I would have had a psychosocial needs assessment some time ago, immediately following my ASD diagnosis, but this hasn't yet happened. Instead, my PIP learning took me on what I suspect might be quite a similar journey.

    I thought that I'd already audited myself pretty thoroughly in preparation for my autism assessment. But this process revealed so much more and has felt like a very dispiriting double-whammy. It included recognising a lot of prior ignorance and internalised ableism on my part, including in respect of how I've previously regarded both myself and others.

    I ended up identifying various issues across many of the activities, not just the ones that I mentioned before as examples. 

    In the long run, I'm sure (or hope, at least) that I'll look back on it as a positive thing to have done - and I have already made some helpful changes as a result of it. But in the short-term, there's no getting away from the fact that it's also been a very upsetting process for me (others, of course, may experience and view it differently). 

    So we'll have to agree to politely disagree. In my case, very strongly. Slight smile 

  • When you look at the criteria in the checklist it's prity clear what they care about is you being aple to interact with people to say, go out side and order at a shop or catch a bus.

    www.gov.uk/.../pip-assessment-guide-part-2-the-assessment-criteria

    Consider the typical high functioning autistic person in otherwise good health. He's going to score 0 on everything other than points 7 & 9, Communicating verbally and Engaging with other people face to face. You need at least 8 points to get PIP so split evenly that's 4 points each.

    For 4 points in catagory 7 you'd need "support to be able to express or understand complex sentences." Unlikely for a high functioning person. For 2 points you'd have to have a hearing problem so that wouldn't apply.

    So a high functioning autistic person would need to get all 8 points on point 9. For that you would have to be unable to: "engage with other people due to such engagement causing either: i. overwhelming psychological distress to the claimant; or ii. the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person."

    So if you are high functioning auristic but not socially anxtious to the point of being a shut it you've basicly got no chance of getting pip unless you have some sort of other issue going on.

    So yes technically social stiuations are covered but the point weighting on it is so low it might as well not be.

  • When I think about independance I think about being able to go out and have fun on my own terms. To engage with the wider world socially or in work or lessure. PIP isn't about that.

    Actually, PIP is about those things, as well as such things as being able to cook, wash, dress, etc.

    Daily living part 

    You might get the daily living part of PIP if you need help with:

    • preparing food
    • eating and drinking
    • managing your medicines or treatments
    • washing and bathing
    • using the toilet
    • dressing and undressing
    • reading
    • managing your money
    • socialising and being around other people
    • talking, listening and understanding

    Mobility part

    You might get the mobility part of PIP if you need help with:

    • working out a route and following it
    • physically moving around
    • leaving your home “

    Gov - Personal Independence Payment (PIP) > What PIP is for

    The corresponding “daily living activities”, for example, that are scored by the assessors include:

    • Communicating verbally
    • Reading and understanding signs, symbols and words
    • Engaging with other people face to face

    Benefits and Work - Personal Independence Payment (PIP) points system

    It is possible to qualify for the daily living component of PIP (at either the standard or enhanced rate) from two or more of these categories alone. 

    Keeping in mind that the diagnostic criteria for Autism Spectrum Disorder includePersistent deficits in social communication and social interaction across multiple contexts” (DSM 5 TR), I find it very easy to see how some autistic people can and do rightly qualify for PIP - depending on the extent of their difficulties in these, and/or potentially also in other, areas of the daily living or mobility parts.