PIP Tribunal and DWP response (confused!)

CakeCrusader

Hi.

My adult kid is dyspraxic (causes coordination and planning issues), hypermobile (in hands and feet, so cause problems with knives/writing/walking), and has a mental health problem too. They received DLA from the age of 8ish. When they turned 16 it was changed to PIP, they had one assessment and were awarded the standard daily living rate. 18 months later nothing had changed, and it was re-awarded, 18 months later nothing had changed, but we had to go for another assessment where they awarded 0 points for everything despite nothing changing, dyspraxia and hypermobility don't tend to improve, ever.

We asked for a mandatory reconsideration and they stuck with 0 points, so we applied for a tribunal hearing. We received the bundle from the DWP in September (2019), they'd stripped it because my kid could pinch two fingers together and because they had made their way to the assessment (I took them).

I've received a text today and an email saying "DWP has sent a Response to ******* PIP appeal. They should have sent you and ****** a copy in the post". I've looked online and I can't work out if this was the bundle they sent in September, or if they've looked at the decision again. I thought we were just waiting for a tribunal date so I'm confused. Any ideas what this could be?

Many thanks.

calcotti

Was the text from DWP or the tribunal service? Whichever one it was I suggest you ring them on Monday for clarification.

CakeCrusader

calcotti wrote: »

Was the text from DWP or the tribunal service? Whichever one it was I suggest you ring them on Monday for clarification.

It was PIP Appeals: "DWP has responded to your PIP benefit appeal. They should have sent you a copy in the post. Read their response and send any comments to the tribunal, if you have any. Their address is on.... You do not need to do anything. You'll receive another text message when your hearing has been booked. Unfortunately we can not say how long this will be". I just don't want my kid to be waiting for something that they received months ago, they are already stressed out by this. Thank you!

calcotti

Ring the tribunal service for clarification.

Alice_Holt

"DWP has responded to your PIP benefit appeal. They should have sent you a copy in the post. Read their response and send any comments to the tribunal, if you have any. You do not need to do anything. You'll receive another text message when your hearing has been booked....."

My reading of this is:
The TS are checking you have received the DWP evidence bundle;
Their are inviting you to submit a statement to the tribunal panel (having scrutinised the DWP case) to explain why your son should be awarded PIP;
The next communication from the TS will be details of the hearing.

Have you gone through the bundle?
Have you prepared your statement?
Have you sent recent medical (and other) evidence to supporting the claim?

https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

Are you getting help with the appeal from your local advice agency?

CakeCrusader

Alice_Holt wrote: »

"DWP has responded to your PIP benefit appeal. They should have sent you a copy in the post. Read their response and send any comments to the tribunal, if you have any. You do not need to do anything. You'll receive another text message when your hearing has been booked....."

My reading of this is:
The TS are checking you have received the DWP evidence bundle;
Their are inviting you to submit a statement to the tribunal panel (having scrutinised the DWP case) to explain why your son should be awarded PIP;
The next communication from the TS will be details of the hearing.

Have you gone through the bundle? Yes (it's ridiculous)
Have you prepared your statement? No, it shouldn't take long though as there's a lot of issues with the bundle.
Have you sent recent medical (and other) evidence to supporting the claim? No, we're still waiting for these. We've spoken to the GP who's said the DWP will get in touch with them and we don't need anything, we've requested them anyway.

https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

Are you getting help with the appeal from your local advice agency? Yes, from the law centre, who may or may not be able to attend the tribunal with us. They've said to let them know once the date comes through.

Thank you

poppy12345

You GP's advice "the DWP will get in touch with them" is not correct, sorry. It's nothing to do with DWP now because it's in the hands of the Tribunal. Regardless of that, they very rare contact anyone for any evidence. The onus is on you to make sure it's sent to support your claim.



If it's medical records you've requested then i'd advise you to go through them before sending them. If it's not relevant then don't send it, medical records have an awful lots of things in them then wouldn't be of any use. Less is more and sending in piles of evidence that isn't relevant, is pointless.

calcotti

CakeCrusader wrote: »

there's a lot of issues with the bundle.

Remember that although you may wish to highlight significant errors or inconsistencies in the report this is not your main task. Tribunals know that the medical assessments are poor.

Your task is to explain to the tribunal how your son is affected by his health in respect of each of the PIP descriptors. Give examples where possible. Obviously you can refer back to previous information provided on the PIP and at the time of the MR.

Try and be focused and concise. Tribunals don’t have a lot of time to read through lots of information.

CakeCrusader

calcotti wrote: »

Remember that although you may wish to highlight significant errors or inconsistencies in the report this is not your main task. Tribunals know that the medical assessments are poor.

Your task is to explain to the tribunal how your son is affected by his health in respect of each of the PIP descriptors. Give examples where possible. Obviously you can refer back to previous information provided on the PIP and at the time of the MR.

Try and be focused and concise. Tribunals don’t have a lot of time to read through lots of information.

I don't think this would be difficult to do (I did this when I asked for the mandatory reconsideration and they ignored it all). They've awarded 0 points for preparing food because my kid can squeeze two fingers together. It totally ignores the will needed to prepare food in the first place, the different hand and coordination needed to use a knife safely, preparing the right quantities, the timings etc. My kid can't make a glass of squash because they can't remember how much cordial to put in a glass. I'll go through it bit by bit and state what they can and can't do (and I'll go back to the GP and ask for the medical records, again).


Thank you!

CakeCrusader

poppy12345 wrote: »

You GP's advice "the DWP will get in touch with them" is not correct, sorry. It's nothing to do with DWP now because it's in the hands of the Tribunal. Regardless of that, they very rare contact anyone for any evidence. The onus is on you to make sure it's sent to support your claim.



If it's medical records you've requested then i'd advise you to go through them before sending them. If it's not relevant then don't send it, medical records have an awful lots of things in them then wouldn't be of any use. Less is more and sending in piles of evidence that isn't relevant, is pointless.

It didn't seem right. We've requested a copy of everything anyway, just in case, also a copy of hospital records as we didn't receive a discharge letter from the physio etc. They mentioned in the PIP notes about the lack of medical support, it's just because we can't get help, we have asked (several times).



Thank you

Alice_Holt

"We've spoken to the GP who's said the DWP will get in touch with them and we don't need anything"
As poppy has said this is incorrect - you need to submit your own evidence to show why and how your son qualifies for PIP.

"Yes, from the law centre, who may or may not be able to attend the tribunal with us. They've said to let them know once the date comes through"
Hmm.
Slightly surprised by this. What our local Citizens Advice does is to take the client through the appeal process, help them understand the criteria for an award, review the DWP evidence bundle and together with the client write a submission explaining how and why the client should qualify for an award.
The submission is focused on the relevant activities and descriptors, and as calcotti has said gives examples.
Clients are encouraged to have additional examples to tell the panel about at hearing, and expand on the points made in the submission.

Evidence can come from carers as well as medical professionals. In your case it would be useful to have evidence stating / showing his abilities have not improved since the previous award.
Well your law centre be doing this? Or is it up to you to send your statement to the tribunal?

Does the bundle include the previous assessments giving an award? There is some case law saying that a decision to end an award has to be very clear (and evidenced based) on why an award has been withdrawn.
It is useful to give (very) brief comments on inconsistencies in the DWP bundle, but as calcotti says the main thrust of a submission (2 or 3 pages) needs to show why the descriptors apply.

Are you you son's appointee? Or just his representative for the appeal?

Edit: Cross posted with your replies to poppy and calcotti