10yrs DLA.. High care.. The assessment for pip rejected?

[Nicole_1511]

My son is now 16... 10yrs ago diagnosed with: oppositional difience disorder- A.D.H.D and LD. Medikenet 40mg as Medication surely had its side effect.. Loss of personality, severe loss off appetite & stunted growth. My son seemed to have them all. After years of struggling with appetite he was prescribed Respiritone to help build an appetite. Complex needs and challenging behaviour on even the good days. Social skills have really suffered, because of that he spends most his time at home. Anxiety going to unfimiliar places or having to communicate with unfamiliar faces can cause outbursts of both verbal & pysical. To those who know him, he can be loving @ over generous. Loyal and wants to achieve. Thriving on attention that will lead to what ever it takes to get it. This was hard enough for not just him, but those who live in the same household. Siblings living with challenging behaviour & outbursts of all types of changes in personality - mood etc. Our life's revolved around him, still do. Then things got even worse...last November Our son started having seizures and admitted to hospital after the 1st. rapidly turned to weekly seizures that were scaring us all to death. Finally in April he was diagnosed with 2 types of epilepsy -GMS( grand mal seizures)& CPS(complex partial seizures) and prescribed 750mg keppra. Speech has been left slurred at times, and memory seems effected. Attention & staying focased has always been a concern- this has got worse. All of above effect his daily living & share risks with all conditions. Being carer this has caused my self to have anxiety.. But to proud to ever seek help, my condition is nothing compared to my sons. However most days I could scream! Me & my husband have no social life, our days consist of caring for our son, and 5 other children. This effects us all. Our son turned 16.. Having received DLA.. & high rate care. Also carers allowance. I'm also appointee to my sons affairs. We're were told that we would need to apply for personal independent allowance - (PIP) attended a 60min assessment. The assessor stated she had no idea what ODD, and that my son was showing symptoms of ashburgars and that I should have him assessed, no medical examination. No tasks to check ability. Just a lady sat behind a laptop that apparently was medically professional observing my son. All the answers we said no to.. Was answered yes. Even telling her that my son only finished GCSEs with help from an interpreter. My son who has received support for over 10 yrs got his decision back stating that his DLA & supported benefits will end 17th Nov- carers allowance too. My son was told that he did not fit criteria to recieve pip. I've asked for the medical report&hi do used to decide his outcome of the claim, I've also asked for a reconsideration based on all the answers being false, my sons diagnosed conditions were not made lightly. Took yrs of tests, by top medical professionals. But yet a lady who says she is trained.. But yet state she has no knowledge make a report in just 60mins! Write a report that's 9 lines on a4 paper. I've requested reconsideration based on that. I now have to write in words to why it should be looked at again. Ive got a meeting with gp tomorrow to help with medical evidence- can anyone offer advice? It have you been through this process? Any help would be greatly appreciated. I've never asked for support before, as normally I just get promises. I still have hope x

[ladybird]

I have been through something similar with ESA, when we claimed and they tried to put my daughter in the WRAG group, even though she had been receiving DLA, both high rate for care and mobility, since she was 5. I eventually won the appeal but it took 9 months and put me on the edge of a breakdown.
The important thing to remember is that they are not there not to help you, or rather your son, get the benefit - the opposite is true. You are no more than a tick box exercise, and where people often go wrong, is to expect the assessor to listen to all the personal details, to them you are no more than a form that needs to be filled in. There is no room on the assessment to cover anything but what is already laid out in their guidelines so there is no point in appealing to their better nature. They might be nice enough to your face but they have a job to do and that's really all there is to it. They may be medically qualified but only in the sense of carrying out the required checks, no more than that.

You do need the results of the medical report. I personally found CAB in my area (at that time) to be completely useless as the person I saw knew nothing about ESA whatsoever - so I appealed on my own - you may do better in your area.

What you will need is proof in writing - they will want to see cold hard facts. Letters from the GP, hospital consultants/docs who are looking after his epilepsy, anyone who is involved with his behaviour such as psychology, any therapists, speech etc. Gather evidence now so it can be included in your appeal, this will then show that any information that you disagree with that been entered by the assessor, can be disproved.

Good luck with your appeal, never lose hope. They will try and get you to give up - don't xx

[Stephanie_1502]

I totally agree with Ladybird - you need backing from medical professionals. Not just in terms of a letter to confirm diagnosis, but in them being able to describe and explain how his condition affects him day to day. PIP is based solely on the impact that the illness/disability has on day to day life, not the diagnosis. It would be useful if you could provide a phone number of a professional who can back up your claims. My 16 year old's CPN was called, and as he basically said exactly what I had said (son needs prompting/supervision to eat, dress, wash, take medication, needs supervision above and beyond what you would expect of a "normal" teenager when out and about due to poor attention and being easily distracted). Keeping a diary of your daily interventions can help as supporting evidence too. Good luck x

[bowlingbun]

Just appeal, making certain you reply within the given time, that's vital. I always send things like forms special delivery, well worth it. I've been to many tribunals, they are fine. Eventually I'm sure you will get the right result, just try not to get too stressed about it. Easier said than done!

[ladybird]

Just appeal, making certain you reply within the given time, that's vital. I always send things like forms special delivery, well worth it. I've been to many tribunals, they are fine. Eventually I'm sure you will get the right result, just try not to get too stressed about it. Easier said than done!

I agree about the time frame BB, but I do think as regards PIP (and ESA), we need to stress the need to have documentary evidence to back up a claim, letters/calls from professionals are of major importance. An appeal without the correct evidence stands little chance of getting approved unfortunately.

Another thought for Lorraine - if you have a letter from a teacher or tutor who knows how his behaviour is affected on a day to day basis, that can be helpful too.

[rosemary]

When gathering evidence to support your case make sure to take photcocopies of everything too. That way you will always have your own records to refer to if they say "post has gone missing".

Any calls you have with DWP/assessment agencies, make a note of the date, time, person you spoke to and add a description of what you speak about.

If you have a local welfare rights office, get them on board too.

x x

[Guy_1704]

My wife have just been assessed and refused PIP. My wife has had uncontrolled epilepsy since she was 13 (now 54) and has had DLA until the change over to PIP.
She scored 0 on all the assessments (daily living and coping) they do not take into account that long term sufferers use coping strategies to keep them from harm.

It seems the only way to make them take notice is to dial 999 in the event of every attack and be hospitalised so that you have evidence of an attack and treatment.

They will soon find out it costs the NHS far more in coping with treatments of every attack of epilepsy than paying the paltry sum the give sufferers to survive by themselves.

[bowlingbun]

If you understand the system it helps.
None of the DLA information has been given to the people dealing with PIP.
The first form is submitted,a relatively untrained person goes through to spot anything which disqualifies someone. A doctor comes out, writes a report, DWP then condense it, send the decision to you. Make CERTAIN that you get a copy of the doctor's full report.
Each time you appeal, it goes to a more qualified person who can use their judgement, not just an inadequate computer programme.
Ultimately you go to a Tribunal, three people, none DWP staff, one with legal training, one with a lot of knowledge about disability, and they will look at it again.
Just keep appealing, I know it's stressful, get all the help you possibly can, and there is more than a 50% vhance you will be successful.

[Chris From The Gulag]

Another thread regarding a PIP rejection.

http://www.carersuk.org/forum/support-a ... arer-29203

Towards the end , another link for guidance on just what to do from a benefits adviser on SCOPE :

https://www.scope.org.uk/Support/Tips/D ... -153483029

Good luck and keep us posted.

[Colin_17031]

It also helps to obtain the list of criteria and how many points that you get for different levels of ability, and what aids you may need with preparing meals, washing etc.