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Can I request an assessment for PIP for my son?

Hi all,

My son has an indefinite DLA award of high rate care and low rate mobility. Having checked online he's not due be assessed for PIP until 2015 at the earliest. However having gone through the PIP descriptors I believe he would be eligible for the enhanced rate of mobility under PIP as he's not independent and can't go anywhere without being accompanied.

If he were awarded the enhanced rate mobility under PIP it would make our lives a lot easier, we've just moved and have lost his blue badge and it doesn't appear he will qualify with our new council's rules. He's already smashed the car door into other cars in car parks 3 times, plus he's going to college in September on a supported learning course and the council have only awarded him funds to travel by public transport independently when he isn't.

Any advice would be appreciated.

TIA

Lozz x
«13

Comments

  • I would imagine you could... But only if your prepared to lose the award you have now. There's no guarantees he would get the award you think.
    Its all mind over matter. I don't mind and you don't matter:rotfl:
  • Lozz
    Lozz Posts: 128 Forumite
    Part of the Furniture 100 Posts
    I would imagine you could... But only if your prepared to lose the award you have now. There's no guarantees he would get the award you think.

    Thanks Troutwrestler, I have been through the descriptors and don't think there is a chance he will lose the award he has, he's 18, not independent to the point he can't even tell the time, or prepare something simple like a sandwich, ATOS have lost my appointeeship so insisted on speaking to him today to ask his DOB, I had to tell him number by number what to say.

    I know a lot of people are worried about PIP, but I think in my son's case it could be better for him, at least they seem to recognise there is a vast difference between being unable to walk X amount of meters to needing supervision in unfamiliar places.

    Lozz x
  • nannytone_2
    nannytone_2 Posts: 13,012 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    a lot of people that meet the ESA descriptors still fail the WCA and have to appeal!

    although people are already claiming PIP, until the results of these claims are made public, no one knows how the points are being awarded.

    as has been said, it is up to you what you do, but you need to be aware that you could lose what has already been awarded
  • Lozz
    Lozz Posts: 128 Forumite
    Part of the Furniture 100 Posts
    nannytone wrote: »
    a lot of people that meet the ESA descriptors still fail the WCA and have to appeal!

    although people are already claiming PIP, until the results of these claims are made public, no one knows how the points are being awarded.

    as has been said, it is up to you what you do, but you need to be aware that you could lose what has already been awarded

    Thanks nannytone, it's not the ESA descriptors I'm referring to, it's the PIP descriptors, I am aware that the results of the claims aren't being made public but having gone through the critera my son scored 37 on care needs and 18 on mobility. I am aware the DWP may see things differently but ultimately, he is the way he is and nothing can change that. A blue badge would make the difference between me being able to take him out against being housebound with him.

    Lozz x
  • nannytone_2
    nannytone_2 Posts: 13,012 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    i know you arent referring to the ESA descriptors.

    you said your son meets the PIP descriptors ... i was pointing out that people feel they meet descriptors ( as in ESA) and still FAIL. to get a benefit award.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I am on DLA and have helped several people to get DLA.

    I am now helping another family to apply for PIP for their mum, as she missed the deadline for DLA although they have been caring for her for years.

    I most definitely would not advise anyone to attempt a move from DLA to PIP until we see what the outcome is of the first tranche of claims, as it is only as they go through the appeals that we will get a feel for how all this is going to work.

    Getting involved in the potential chaos of people who are still feeling their way around a system that can't cope for the gamble of a few extra quid against possibly losing everything and having all the stress of appealing would not be my idea of a good plan.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Lozz
    Lozz Posts: 128 Forumite
    Part of the Furniture 100 Posts
    I am on DLA and have helped several people to get DLA.

    I am now helping another family to apply for PIP for their mum, as she missed the deadline for DLA although they have been caring for her for years.

    I most definitely would not advise anyone to attempt a move from DLA to PIP until we see what the outcome is of the first tranche of claims, as it is only as they go through the appeals that we will get a feel for how all this is going to work.

    Getting involved in the potential chaos of people who are still feeling their way around a system that can't cope for the gamble of a few extra quid against possibly losing everything and having all the stress of appealing would not be my idea of a good plan.

    Thank you for the advice LazyDaisy, I agree it is probably sensible to wait and see how the first tranche of claims go, although from what I understand they are assessing the low care claimants first, which is why my son isn't due to be assessed before 2015.

    For the record it isn't for the gamble of a few extra quid (although unless we can change the council's mind about college transport his taxi fares are going to be £75 per week from September), it's more to do with the blue badge issue, he's had one for 14 years now and isn't coping at all well here without one.

    Lozz x
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Lozz wrote: »
    For the record it isn't for the gamble of a few extra quid (although unless we can change the council's mind about college transport his taxi fares are going to be £75 per week from September), it's more to do with the blue badge issue, he's had one for 14 years now and isn't coping at all well here without one.

    Lozz x

    In that case I think I would try a different approach and appeal on the basis of his needs for a high level of supervision - get doctors, consultants, local councillors, even MP involved... the EHRC (disability discrimination) even maybe the local press?

    It's horrible to be so powerless in the face of burocracy.

    Good luck!
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • elmer
    elmer Posts: 944 Forumite
    Part of the Furniture 500 Posts Photogenic
    All the Blue Badge applications were tightened up last year, and we are now only allowed to issue them if the applicant is "unable or vitually unable to walk", with a maximum total walking distance of 50 metres.

    Does your sons mobility qualify under this criteria?

    If he does, I would appeal the decision, you can reapply or appeal after 3 months.

    elmer
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    elmer wrote: »
    All the Blue Badge applications were tightened up last year, and we are now only allowed to issue them if the applicant is "unable or vitually unable to walk", with a maximum total walking distance of 50 metres.


    elmer

    So what about people who can physically walk but who cannot use public transport or go outside unaccompanied?

    My niece had uncontrolled epilepsy and would fit several times a day. It was so bad that her mother had to sleep in her bedroom and she could not go anywhere unaccompanied. She certainly could not uses public buses, whether accompanied or not, as a fit on a crowded confined space would have been too dangerous.

    The blue badge and the college taxi and her support worker, meant that she could continue with her education and live as normal a life as possible.

    Does this mean that people like my niece would no longer receive support with transport?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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