Appealing PIP decision

My son (16) has ASD and ADHD.  We found out today that he has scored zero on every element of the PIP application which means no PIP and DLA stopping.  

They appear to have not listened to a word we said at the face-to-face meeting or to anything written on the application form.  

I intend to ask ask them to ‘review the decision’ but was wondering if anyone out there had had a similar experience and whether they had any luck with the review.

Thanks

  • I think Chips write some good advice.

    We all have a tendency to play things down and pretend we understand or 'are OK' with everything we feel we're supposed to be. It's important not to do that, and focus on how things are at their worst - this is really the no.1 thing to be aware of.

    PIP write that I was "relaxed and talking to my son in the waiting room". In reality, being in an empty room while being offered hot drinks with your family, is not representative of an average day. It's hard to say what their intention was, but I felt there was an effort to empathise scenarios which could be interpreted as things were 'not so bad'.

    Again, in my case, I found a common theme in the letters addressing my appeal, was the avoidance of nuance, essentially treating me as a person who did not have Autism, but had 'some' struggles. I found it worth highlighting oversimplification as they can be so ubiquitous, but really shouldn't be in the context of a competent assessor.

    It is often stressful and I really feel for your daughter.. .I ended up attending a hearing. They were however relaxed and friendly, but importantly had someone qualified. 

    If you have any specific questions, I'm happy to reply.

  • You need to emphasise how it is for her on her worst day. Basically, neurotypical people are able to cope with stress a lot more easily than Autistic people. Think of the times she had total meltdown, disasters that happened. Write down the things that happen in such situations. Because it doesn't have to be constant difficulties. Having really bad difficulties at certain times can cost Autistic people a lot. It can cost us relationships, money, career advancement. So think carefully about it. Good luck! And if you need help maybe try joining Twitter and search for #ActuallyAutistic people and read their tweets. Lots of people share details of the difficulties of living with Autism and describe it well, if you struggle to understand how to put it in words.

  • Hi yes I’d really like some help!

    my daughters writing her letter but it’s so did heartening for her!!

  • I write 3 years ago on this thread I was waiting for a hearing the final part of the appeal process - I ended up being awarded more than I was originally applying for.

    Not sure how much help I can offer, perhaps what sort of things they're likely to ask etc,  but happy to try and help if I can. 

    All the best,

  • I see you won your appeal I’m hoping for some advice if possible as I’m in the same situation today x

  • Yes I had the very same thing I appealed in court got bk for a ur then had to get reviewed had another face face and got knocked back again so got to fight it again my daughter has asd dyspraxia dyslexia and d I I also 

  • I just wanted to thank everyone for their support and advice.  We heard today that we were successful in the mandatory review and have been awarded PIP!  It really is worth fighting it!

    thanks again!

  • The assessor who came to see my 19 year old with aspergers and mental health issues said she had someone with autism at home.  Is this what they are starting to tell people I wonder? She too awarded my son 0 for everything despite needing aids for cooking and dressing.  It's awful.  I hope you try for your Mandatory Reconsideration.

  • I ciuldnt go to my MP shes one of the worst Tory MPs there is. Voted for every single benefit cut a truly vile woman and i have been very vocal about that on social media so i wouldnt want to be within 100 ft of her. Lol

  • Hi everyone 

    i have been on to our local MP for issues due to being pushed into home education and now finding no local place to take exams! We have had to pay tutors a lot of money and got our son all ready to take exams to be let down again by the system.As this is ongoing we then had our PIP assesssment and you guessed it big fat 0 for everything and as you’ve all stated the person involved did not listen and has not understood my sons needs.So I got cross and emailed our MP who heads an Autism support group and let off some steam.Instant reply advising to appeal.Everyone please highlight this problem with you local MP (can google and their details come up)the more of us that do this the better chance we have of making a difference. This needs challenging!

  • Hey ELM,

    I have a similar issue but for myself, an adult. I have ADHD/ASD/OCD (lots of letters). Basically, they subjectively lied (twisted) or simply selectively ignored much of what I said to fit their agenda. There are so many inconsistencies and assumptions that simply make no sense to anyone with a clue of psychology, let alone diagnoses such as ASD. I've spoken to my mental healthcare workers and they agree, it is very common.

    I'm waiting for a tribunal at the moment.  I would suggest to push it as far as you can. Even though it is very stressful (which I try not to think they are taking advantage of), if your son is not awarded PIP, it still brings attention to these conditions and apply pressure, which I like to think could bring change.

    All the best to you and your son!

  • We have experienced the exact same thing.The lady did a home visit as travel is difficult and we told her all our problems and she basically ignored what we had said and scored Zeros for everything!!Am reading all the comments on here and can’t believe how long this has been going on and why the staff are not trained enough and then all the work comes back for us to sort out.It is a constant battle to get anything for our kids!Going to pursue it as it’s so unfair!Good luck everyone.

  • I've twice had the original negative decision changed at the mandatory review stage so don't give up. This website might help. It has great advice on the procedures and the kinds of evidence and so on you could provide. There's even a link to a tool that can help you through the process. Good luck with it.

    www.advicenow.org.uk/.../how-win-pip-appeal

  • I've applied for PIP twice (initial application and renewal). I was awarded the benefit both times without the need for an appeal. I backed up most of the points I made with independent evidence, which I believe is what made all of the difference as it proved without doubt that what I was saying was true. Is there any extra evidence you could add, such as a letter from one of your sons' teachers, highlighted copies of his GP notes, copies of any support plans from school/college? Good luck

  • Hi all. After bit of help. I had indefinite middle care and low mobility DLA. 

    Had pip assessment the assessor recommended 0 points for every descriptor!

    Long story short they broke the 90 min public transpirt rule i asked twice for venue to be changed it wasnt. It was a 2hr 6 min journey according to google map pointed this to assessor as my mum had to take me there said wanted it noting. She didnt incl in report.

    She lied through her teeth on report, i sat wringing my hands through assessment and stuttered and stammered and said a couple of inapropriate things and went off on subject and my mum had to tell me to concentrate what i was saying twice. Assessor has copied and pasted "Calm relaxed no short term memory issues its is therefore reasonable to state...under every descriptor!

    Shes written has to use a dosette box and mum reminds to take meds yet scored 0...

    Weirdly despite her recommendatuon i been scored 4pts for mobility "needs prompting for every journey". Didnt state that. Stated catch train to work with peoole i know twice a week ( its in Bham and i wouldnt be able to drive there and also stated only drive in local area asked for venue to be changed cannot drive some where unfamiliar my mate takes me to merry hill cos its a convoluted route and unfamiliar and theres no way i could have got to assessment centre. Durely it should have been the unfamiliar location points?

    Also she stated "because he works as a arrears officer he would have knowledge of conplex formal letters'. I do not write a single letter theyre pre done on a list i print sign and ebmnelope them. My mum explained she set up my DDs, sirts my money out monthly bank statements go to her house, ive been vulnerable to friends taking mick with money and also that she is making arrangements for my cousin to deal with financial and funeral arrangemdnts ( this part crucially was left out by assesser)

    Ive done a MR, with a statement from my team leader about support i need communication behaviour etc wise at work 

    Also one final question, at beginning of assessment i asked the Capita assesser whether she was a LD or autism nurse? She stated "Im a RGN but my sons got autism so i know about it". Ive argued 1. She shoukdnt of said personal info and 2. That means that she could be biased and judged by her standards and everyone with asoergers is different. Am i correct to use this to call her out?

    Also ive sent some info on aspergers to go with MR, stating the comm difficulties that people wirh it face. To state you have none is an insult and to repeatedly put "theres a diagnosis letter in FME but no curdsnt specialist input" upset me. Why would i have that its a lifelong developmental disability and the only treatment is for side effects hence being on sleeping tablets and Pregabalin for years .

    Could anyone tell me poss what they think my chance woukd be?"

  • Hi ELM

    In addition to the advice already received from forum members, I am going to add some links.

    Citizens Advice has a very detailed guide to filling in PIP claim forms on their website, which you can view here - https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/

    It mentions at the bottom of the page that if you need help in-person filling out the form that you can go to your local Citizens Advice Bureau and they should be able to help you. Just so you are prepared, some CABs ask you to make an appointment.  Check with your local CAB.

    If you would like to discuss getting assistance with your PIP claim - contact the NAS helpline on 0808 800 4104 (Monday to Thursday 10am to 4pm, Friday 9am to 3pm). Please note that the Helpline is experiencing a high volume of calls and it may take a couple of attempts before you get through to speak to an advisor.

    Hope this helps,

    Nicky-Mod

  • The next step is to ask them to carry out what is called a Mandatory Review and then if that is not successful you can go to a Tribunal.

    Some people are successful at the Mandatory Review stage but most people have to go to a Tribunal.

    I can't remember the current success rate but I seem to remember more people succeed with their Tribunals then fail.

    (I was very lucky and managed to be awarded PIP without even having to have a face-to-face meeting but there is a useful group on Facebook, A1 ESA/DLA/PIP Benefit Help and Support UK ONLY, which somebody else on here recommended. Other groups / services also exist.)

    As 221B says keep pursuing it.

  • Keep pursuing it.  The companies outsourced are well known to have an appalling record regarding Autism etc.  

    • Your local Citizens Advice Bureau or Law clinic can help.