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Failed PIP application for Autism/ADHD/Dyslexia

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1 year 1 month ago #284043 by JenniferA
My son aged 47 is autistic (Aspergers), ADHD and Dyslexic. Recently he applied for Pips but has been turned down, scoring only 2 points for Dyslexia. The Tribunal has also agreed with DWP and refused his appeal, again only scoring 2 points.
Andrew had a very traumatic time during his education, he was severely bullied and was seeing the school psychiatrist and psychologist by the age of 9 because of his disruptive and bizarre behaviour. For the last year of junior school and the five years at secondary school, he was transferred out of area to schools that had a more understanding approach towards children like Andrew. For six years he was provided with a taxi at the County Council’s expense as he could not cope with public transport. The bullying continued throughout the sixth form, and University to a less extent. It took twice as long to gain his 2:1 (Hons) degree (six years).
DWP have said that: because Andrew had a late diagnosis; a supposed ‘normal’ education, reaching degree level; can drive a car and use a sat-nav; doesn’t take the maximum dose of his medications; has never attended a ‘memory clinic’ - he doesn’t have any of the problems outlined in his PIP application. Extensive information was provided in seven of the descriptors as to the problems Andrew has trying to live a normal life. We did a lot of research and hopefully used the correct terminology. He still lives at home and lives a narrow and restricted life.
Reports of diagnosis were provided from three different Consultant Psychiatrists and one Chartered Educational Psychologist.
With all of the evidence supplied, Is it normal for DWP to only award 2 points across the whole of the descriptors and have they simply viewed his application with disbelief?

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1 year 1 month ago #284054 by Gary
Hi JenniferA

It can be quite stressful in loosing at an appeal, from your post you have not stated how long ago the Tribunal was, if it was less than one month then you need to contact HMCTS in writing and ask for a written statement of reasons.

When asking for the Written Statement of Reasons (WSOR) also ask for a transcript of the recording that should have been made during the hearing. (You may only get a recording so you may have to listen to this and copy it down yourself.) Compare the transcript with the WSOR, in order to appeal further you will need to identify at least one error of law.

Once you get these then you need to check if there was an error of law in the proceedings and I would advise you to seek help from a Welfare Rights Organisation or a Law Centre: you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk or lawcentres.org

Make sure that you understand the criteria that your son is being assessed against, you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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