PIP Turned down - decision is based on absolute opposite of what I said! Help!

[ItsDisneyBitch]

I had an hour call with PIP Assessor for DD, the DLA has been stopped as of this month.

The summary given has completely glossed over all the problems DD has! And contradicted all the points I have made.

Has anyone appealed successfully?

If they want to do another assessment let her speak and then she can pass the phone to you if need be. Then they can see how she struggles I know it’s hard but if you are speaking on her behalf they don’t get to see the bigger picture especially if her difficulties are communicating with people.

@Babyroobs - people should be able to be honest, and they would much rather be. But the system isn't set up to recognise fluctuating conditions, for example - some people can be fine and able one day and then bedridden the next with things like ME/CFS or lupus. But if they admit in an interview to being OK sometimes, or anything other than totally incapable, the assumption seems to be that they are fine all the time and must be able to work. Or that if they can stand up from a chair, they can stand up all day, or pick up a box once, then they can do physical work. It's a blunt tool, and also it's designed to turn people down, not to get to the right decision for them. Literally turning up looking neat and well presented can be a fail because 'doing self care' means you can work apparently.

I am reading this with interest as we will need to apply for PIP as he is 15,HF ASD with SPD and dyspraxia.
He really struggles with lots of areas but filling the form out sounds a nightmare, it doesn’t lend itself well to neurological conditions

[quote Echobelly]@Babyroobs - people should be able to be honest, and they would much rather be. But the system isn't set up to recognise fluctuating conditions, for example - some people can be fine and able one day and then bedridden the next with things like ME/CFS or lupus. But if they admit in an interview to being OK sometimes, or anything other than totally incapable, the assumption seems to be that they are fine all the time and must be able to work. Or that if they can stand up from a chair, they can stand up all day, or pick up a box once, then they can do physical work. It's a blunt tool, and also it's designed to turn people down, not to get to the right decision for them. Literally turning up looking neat and well presented can be a fail because 'doing self care' means you can work apparently.[/quote]
PIP is nothing to do with being able to work !

PIP can be claimed while working. However, they do make assumptions I found about work, asked about it in the PIP assessment etc. PP might be getting mixed up with ESA assessments also

@Punxsutawney

Nor PIP if she is in education

Ds gets enhanced PIP for daily living and mobility and is 17 and in education.

SORRY! That was supposed to say Nor UC if they’re in education!

@Babyroobs

name changed - can you share the loophole?

My post was supposed to say Nor UC if in education! So as of 15 December 2021, young people can’t now claim UC whilst in education - previously they could. The loophole is apparently, if you claim UC when the education year ends (May/June/July time), they are then allowed to stay on UC when they go back to education in September. I don’t know how true this is in reality, but that’s what’s being said on a disabled charity Facebook page. I would have thought a change of circumstances has to be declared and they would then be taken off UC, but the consensus is this won’t happen and they will continue on UC. I have my own doubts, but who knows? Often even UC work coaches have no idea what they’re doing and what the rules are.

Contact have some information about the changes to young people claiming UC when in education. here and here. It’s also worth giving them a call if you need more advice.

I’ve sent off the form. I’ll see how we get on and will keep you posted. Thank you for your support.

@Babyroobs

name changed - can you share the loophole?

no loophole needed. You CAN apply for PIP at 16 if in full time education!

Nor PIP if she is in education. There is a loophole though. However, if she claims PIP, if her parent claims UC/tax credits she will be removed from that claim and the parent is usually worse off.

first, yes she can claim PIP whilst in education.

second, your other comment is incorrect; if the family claim tax credits there are uplifts for children with disabilities. There is also a disabled child element available. When the child. claims. in their own right it does not remove that element, even in full time education UNTIL they leave education. The following link will help you.

www.gov.uk/pip/eligibility

TILFA : Thanks, I'm aware of everything you have written. What I wanted clarifying is, until recently if a young person was going to Uni and has PIP in place they have been able to claim UC too, but I think there have been recent changes to this. Do you know what the changes are and whether they can still claim?

Babyroobs Contact have further information about the changes in the links I posted in my pp.

@Imitatingdory

Babyroobs Contact have further information about the changes in the links I posted in my pp.

Ok thanks I missed that , will take a look. Thank you.

@Imitatingdory

Babyroobs Contact have further information about the changes in the links I posted in my pp.

sorry, I was trying to help. I'm blind so often miss a response when I want to reply to someone, my apologies.

They do get things wrong, DH has an issue with his dominant left hand. His assessor stated he had no problems using his right hand, he doesn't it's the left that's the problem

TILFA you don’t need to apologise, I was just pointing out to Babyroobs the Contact links in case she had missed them.

My husband went from 0 points, mandatory reconsideration ruled the same, lodged an appeal with the tribunal and went to enhanced for both before it was heard. Just sending in renewal and gearing up for a fight again.

Don't give up

@Imitatingdory

TILFA you don’t need to apologise, I was just pointing out to Babyroobs the Contact links in case she had missed them.

ah OK.

it can be so difficult online to follow the flow of questions, chat and responses.

@GettingStuffed

They do get things wrong, DH has an issue with his dominant left hand. His assessor stated he had no problems using his right hand, he doesn't it's the left that's the problem

For things like this, it is easy to point out the mistake and as it is all in writing simply contest it

They did stuff like this in my experience too, directly contradicting what was in the medical letters ( and I think showing what hadn't been read)

It was at the stage before appeal and after MR this was changed also,. as a PP mentions happened with them..maybe they realised how bad it looked to Appeals - I also asked them to just do an Appeal 'on the papers'- quicker, think this is good if it is a written mistake like this

As on more than one occasion either the Appeals overturned it quickly (such appeals seem to just get sent to a random appeals court as don't require attendance in person) or it was overturned after