Advice about PIP appeal

[PIPworries]

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.

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.

I've been thinking about this and how she may have answered UC questions. Ignoring PIP for a moment, If she is saying "I am a student" then she is saying "I am not available for work."
She is entitled to decide she is 'pausing her studies' and sign on not as a student if she had to. No one can stop her also studying in what time she has available.

I suspect if she applied for UC, she's not protected as a student from being expected to seek work when her funding's run out. Therefore she'd be treated as 'available for work,' and while it is a nightmare in itself for someone in her situation, it also means she would be entitled to UC if it came to it.

If she was placed on low work capacity, she can then ask her work coach permission to officially go complete her studies.

I'm also going off the status of BA and masters students who have deferred their final exams. They receive UC because their funding has run out without them completing their course, and therefore they are no longer protected as a student even though they may see themselves as one because they are still trying to complete. They are also no longer a current student from their uni's perspective, but are coming in and out as and when to finish their degree.

It's a grey area, but the rules that stop most students claiming most benefits are that they are already in receipt of government funding to complete a course of study. This gets turned into "are you a student?" Yes/No?
But it's actually shorthand for "are you precluded from claiming because you have student funding?"

Sadly I think my DM's no longer work, (you are welcome to try) but there are people who are able to use their UC to fund their studies.

I had an appeal two years ago and the original decision was overturned. I have another appeal next week for change in circumstances. They have said my condition has improved. In fact I'm now on more medication and have a couple more diagnoses which is so strange.

Found out recently that there is another ‘stage’ in the process! They phoned up and said they had given a couple more points so we can now get low rate daily living. They asked if we want to accept that or still go to tribunal. Personally I would have gone for tribunal as the needs deserve more, but we decided to take the offer to just get it over and done with. Luckily we are in a position where the PIP isn’t going to make a difference in if we eat or not/can pay the rent or not.

Update. I received a call from the relevant government department today. I spoke to a lovely, sympathetic woman from Wales, who said they got it wrong, that my daughter is being awarded enhanced daily living allowance plus mobility allowance! 😁

I am so thrilled and it just shows that you have to persevere. Thank you everyone for your valued advice!

Excellent!!