new pip claim

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just asking for some advice. my son was on dla for 3 years due to epilepsy and it all stopped last august 2016 due to getting 0 points on everything after having the assessment with the pip assessor, but this week it has been confirmed he now has autism,mental health issues,depression and ptsd. the assessors he had last week said he will now get pip and i explained it was stopped but they said do it again and these reports once written up will get him it .... would he get pip and would he need a other assessment to get pip or shall i just leave it knowing he wont get it again..

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12 Replies

  • Posted

    Hi,

    One thing to remember is that PIP isn't awarded based on a diagnosis, it's how the condition/s affect you in daily life that gets the award. Have you taken a look at the PIP descriptors? if not then please google it and take a look. I can't post links here otherwise i'd gladly put a link up for you. No one can tell you whether he'd be awarded because everyone's different and what affects one person doesn't affect or affects another differently. You'll need lots of evidence to support a claim i know that for sure. Is there any reaosn why you didn't ask for a mandatory Reconsideration last time? If you take a look at those descriptors and think they apply (or someof them) you need at least 8 points in daily living/and or mobility for an award of Standard Rate, then ask your son to ring the PIP line to start the claim off as he's now 16 i beleive he would need to ring himself unless you're his appointee then you can call on his behalf. Having help from someone who knows what they're doing would be great to fill those dreaded forms in because it's exactly like a book. Good luck.

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    • Posted

      I also forgot to add that yes most people are asked to attend a face to face assessment. It's very rare to have a paper based decision.

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    • Posted

      hi denise, yes i did a manatory reconsideration and still came back with 0 points.i wrote that beacause of the epilepsy he was unable to bathe alone in the event of a seizure, also that he could only use the microwave or a toaster to make a snack meal and not the oven or hob in the event of a seizure, he needs reminding to take medicaion,change his clothes and to bathe, can make his way to the town centre and back home but would not know how to go somewhere else unless we did a few dummy runs with him.
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    • Posted

      Ah i see well most Mandatory Reconsideration (Mr's) remain the same. Most people have to take it to Tribunal. Yes of course you can try to claim again but having those diagnosis' won't help the claim. Has he got worse since the last claim? You really do need to take  look at those descriptors to be able to understand exactly what it's all about. There's alos a PIP test on the benefits and work website that you can take to see what he could score. Just google PIP test and it should come up.

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  • Posted

    If I were you I would ask for a copy of the assessors report done at the face to face assessment. I had to go through this nightmare last year after having Fibro for over 10 years and having had shoulder surgery Sept 2015. I had been awarded 16 points on PIPS to Nov 2017. Unfortunately after I had told them my condition had worsened January 2016, another assessor came to my house and basically wrote a contradictory report. After this I only got 6 points so I asked for a mandatory reconsideration still lost so asked for a paper only tribunal and won and got 12 points . As I had gone through the report and highlighted where I should have been given descriptor points and lies were said.

    Hopefully justice will prevail for your son and what he is entitled to. Best of luck 🍀

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    • Posted

      The only thing with asking for this, it won't help the claim this time. Although it will be good to see what was written for the report if it wasn't requested back then. Your case was different. For Kerry's son there was no award given and only took it as far as the MR.

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    • Posted

      Even though it was last year can I still get a copy of his report and I was his appointee for it as just googled the pip descriptors and I'm working out 26 points. And would it be a fresh claim or just update it even thou His dla stopped .

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    • Posted

      Yes you could get a copy of it. It would 100% be a new claim because he was refused and there's no current claim.

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    • Posted

      Hi Denise do I just ring up and ask for it ? I was his appointee when he was claiming dla. But now  it's stopped will I get a copy ? We looked at the descriptions sheets and we worked out 26 points where he was given 0 points on everyone 

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    • Posted

      If you're still his appointee for benefit purposes then they'll let you ring on his behalf. Yes there's no reason why they shouldn't send you a copy of the report. Did you send in evidence to support his claim last year? I know what the descriptors say you think he should be given but it doesn't always work like the with DWP. It's up to the clamiant to prove that those descriptors apply to them, and that's with evidence. Evidence can be anything from letter from DR, Consultants, Social Workers, CAMHS anything. In my oppinion it's good to see what was said during that assessment last year but if you do start a new claim now then it will be completely new. What would have been better at the time was if you had took it to Tribunal but don't think of that now. Just concentrate on this new claim if you're going to apply again.

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    • Posted

      Hi Denise I was his appointee until his dla stopped and not awarded pip but called them today and the man I spoke to today said he will request this and I should get the report in 2 week  he asked why and I said he has been assessed for autism along with mental health and they had some descriptors sheets and he was awarded 0 points where he should of been given points to due a lifetime illness and epilepsy so he said okay no problem and give me the number for when's I need to do a new claim... I have a new copy's of the misplaced letter from cahms,he I said seeing someone in 2 weeks for mental health and sucide thoughts,and have gone through my medical junk box and got all my letters. I can find on his health from alder hey and  st Mary's hospital in Manchester think he will see someone else to reguarding post traumatic stress disorder and then apply for pip for him and if all else does fail I will Ben appealing plus been told I should push it to be backdated from when it stopped last august. 

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    • Posted

      Hi,

      It's good that you've got all that evidence but as far as having it backdated to last August that won't happen. Who told you to push for backdating?  When you applied for PIP last time and he recieved 0 points i know you asked for the Mandatory Reconsideration. What you should have done after the decision stayed the same was to take it the next step of going to Tribunal Appeal. If you had done this there would have been a better chance of overturning the decision and having an award. You didn't do this therefore any backdating money is now void because of that new claim. People have 1 month from the date of the decision to Appeal it if you don't do this within this time then sadly you lose out on the backdated money because there isn't anything to back date once you start a new claim. Sorryi couldn't give you any good news regarding backdating. Hope the next claim he gets a decision in his favour and if he doesn't then just fight it all the way. Good luck.

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