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Original poster

Advice about PIP appeal

30 replies

PIPworries · 29/08/2023 10:14

DD is 28 and has recently been diagnosed with ASD and ADHD. However, she has been turned down twice for PIP despite producing reports explaining her struggles. The second time she applied for mandatory reconsideration, and was turned down again, and now she is applying for the effectively final appeal.

DD is desperately worried about the process and, as she also suffers with GAD, her stress levels are very high. The last interview she had was very distressing for her and the report/reasons for decision document was quite callous, saying that she had only cried once, so she clearly wasn't very upset. In fact, she was distraught. I suspect that the people who make these decisions suffer from compassion fatigue.

I think part of the problem is that DD is bright and articulate and masks well. She is doing a PhD, which she has already been working on for 6 years, because of problems with executive function, focusing, prioritising etc, and her funding has run out. But she is apparently not eligible to claim other benefits because she is still studying, so she is also very worried about her financial position.

Has anyone won at the final appeal and do you have any tips or recommendations, please? I believe that there are some organisations which are. experienced in assisting with appeals on a 'no win, no fee' basis, or I would be prepared to help her by paying an expert or lawyer, but I don't want to go to anyone without a recommendation. DD is in bits over the whole thing and is relying on me and I don't want to let her down.

OP posts:
Mirabai · 29/08/2023 10:22

So she needs representation either from a Citizens Advice agent or a specialised benefits lawyer. I can put you in touch with an excellent lawyer. If you can pay for one it should be around £1500.

The other thing to do is join the benefits and work forum www.benefitsandwork.co.uk - which has lots of information and advice about the whole PIP process from start to finish including appeals.

You can also write a letter for the tribunal covering all the ways her disability impacts her daily life and routine. It would help if you know what descriptors she is going for on the care and mobility sections.

Mirabai · 29/08/2023 10:23

(Citizens Advice agents are free).

Original poster
PIPworries · 29/08/2023 10:37

Thank you Mirabai, if you could PM me the name of the lawyer, if you don't mind, I would be really grateful!!!

DD has already described her daily difficulties in detail but once you have been turned down, it seems very difficult to overturn the decision, which seems quite arbitrary. I think it's really important that she has the best chance in the appeal, and I want to do what I can to help.

Thank you so much 🙏!!

OP posts:

Interested in this thread?

Then you might like threads about these subjects:

Benefits SEN
Mirabai · 29/08/2023 11:35

To overturn the decision she needs to decide which descriptors in the care and mobility components she has a chance of securing and focus the case on that.

Consultant reports for her ASD, ADHD and GAD are important as supporting evidence.

MotherEarthisaTerf · 29/08/2023 11:39

I've used a really good consultant to help with my PIP application and had a meeting with them.

Some companies are not for profit - see Fightback or Chantelle Knight on TikTok

Tomoinson123 · 29/08/2023 11:40

Every person I've helped apply for DLA was awarded it on appeal. In my experience they assume most people will give up but if you don’t, it's often awarded on appeal. One person I know went from zero points at initial assessment to 20 something on appeal!

Mirabai · 29/08/2023 11:40

I’ve PM’d you OP.

MotherEarthisaTerf · 29/08/2023 11:46

It's something like 70% of all tribunals that win in claimants favour. Its worth fighting it.

From Chantelle - she recommends external evidence to support claim via alternative routes

Dental records if your teeth are in poor health
Overdraft fees
Just Eat orders
Missed appointments
Proof of therapy/mental health visits
Statements from family members

That's just a few examples. Of alternative ways to evidence poor planning around eating/finance/health management etc.

A subject access request of GP records is recommended as you can pull out information from medical records re poor mental/physical health and missed appointments etc.

TigerRag · 29/08/2023 12:52

I think I got mine off the CAB website - keep a diary. It has to show the difficulties with a task and the help needed from another person.

It's how she was at the time of assessment so any new medical conditions don't count.

sezzer87 · 29/08/2023 13:18

They don't go by a diagnosis they go by care needs. Does she need help with washing and dressing? Taking meds? Does she need supervision throughout the night and day to keep her safe?
If she can work and study and has achieved that until now then that might give the impression that's she coping well despite her diagnosis and doesn't require any care.
My father took 2 years to get pip despite being incapacitated due to a big stroke.

KathieFerrars · 29/08/2023 13:22

Deffo worth fighting. My son got turned down and on reconsideration. They clearly had never read anything written as the decision talked about toileting and we hadn't put down that as any sort of issue! I used Fightback4justice and they were brilliant.

Good luck.

TenOhSeven · 29/08/2023 13:37

She can describe her daily difficulties all she likes but the DWP have a set of descriptors they score against. Lots of things that you might think should count don't. If she can communicate, read, is continent, can dress herself, feed herself, catch a bus, manage her money etc etc she is not going to get PIP.

Original poster
PIPworries · 29/08/2023 15:03

Thank you everyone for your very helpful comments and for the PMs, which are greatly appreciated.

MotherEarthisaTerf - are you able to let me have details of the consultant who was so helpful, please?

It seems such a minefield!

OP posts:
Original poster
PIPworries · 29/08/2023 15:38

Has anybody used or heard anything about 'Disability Claims', a law firm who claim to specialise in this area?

OP posts:
Mirabai · 29/08/2023 15:59

Never heard of them but they definitely look worth checking out.

Thethruththewholetruth · 29/08/2023 17:07

But does she hit any of the criteria? She might have a tough life in some respects but if she isn’t hitting the threshold she isn’t hitting the threshold. Can she dress? Move about? Feed herself? Catch transport? Just a diagnosis isn’t enough. What aspect of her condition affects her daily living and mobility?

BlueBlubbaWhale · 29/08/2023 17:16

We currently have a pip appeal running. I've used a person under the name Kester disability rights. They're no win no fee, if they win they take 30% of your back pay. I wasn't confident enough to do it myself.

EasyPeelersAreNotSatsumas · 29/08/2023 17:21

BlueBlubbaWhale · 29/08/2023 17:16

We currently have a pip appeal running. I've used a person under the name Kester disability rights. They're no win no fee, if they win they take 30% of your back pay. I wasn't confident enough to do it myself.

I'm surprised that's legal.

BlueBlubbaWhale · 29/08/2023 17:44

Why @EasyPeelersAreNotSatsumas ?

BlueBlubbaWhale · 29/08/2023 17:44

Perhaps i worded it wrongly, if they win they charge you 30% of your back pay.

Notamum12345577 · 29/08/2023 17:46

PIPworries · 29/08/2023 10:37

Thank you Mirabai, if you could PM me the name of the lawyer, if you don't mind, I would be really grateful!!!

DD has already described her daily difficulties in detail but once you have been turned down, it seems very difficult to overturn the decision, which seems quite arbitrary. I think it's really important that she has the best chance in the appeal, and I want to do what I can to help.

Thank you so much 🙏!!

There is only a 20% success rate at Mandatory Reconsideration, but 70% at appeal. So that’s something to hopefully give you hope!

Elleherd · 29/08/2023 19:03

But she is apparently not eligible to claim other benefits because she is still studying
Just to say I believe actually it's how she is funding the study that matters.

If she is is self funding and considered Low work capacity, she can claim UC and be studying. Just needs work coach to say go ahead.

Original poster
PIPworries · 02/09/2023 08:31

Thank you Elleherd, that's definitely worth looking into.

Sadly, the solicitors I mentioned aren't taking on any new work at present. I will also look at Kester, thanks BlueBlubbaWhale.

OP posts:
Blanketenvy · 02/09/2023 08:33

I'd really recommend fightback for justice. They did my appeal with me and we're good.

Blanketenvy · 02/09/2023 08:36

www.fightback4justice.co.uk/