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Tribunal reversal for Autistic Spectrum Disorder

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6 years 8 months ago #206935 by Mary
Just to thank Benefits and Work for their invaluable guides. I assisted my great nephew who is on the autistic spectrum disorder aged 21yrs at his tribunal. The DWP decision was overturned. They had awarded him 4 points for daily living and 0 points for mobility. He is now awarded standard rate daily and mobility award. Autism is a hidden disability often with comorbidity of anxiety and depression, this is not fully understood by the Atos/Capitas health assessors or DWP Case managers, they do not fully understand the impact this has on their independence and quality of life, frequently with limiting employment prospects. I would advise any family who are supporting a member of their family with autism to use these guides to challenge the DWP. Let's hope the DWP accepts the decision,
The following user(s) said Thank You: ivyfox, DigitalMelody

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6 years 8 months ago #206987 by Gordon
Mary

Congratulations on the appeal win, well done.

It usually takes the DWP 5-8 weeks to process a Tribunal Decision, it's worth giving them a call to make sure that they have received the Decision Notice.

Gordon

tags: @RESULT @PIP @APPEAL

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

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6 years 8 months ago #207620 by DigitalMelody
Replied by DigitalMelody on topic Tribunal reversal for Autistic Spectrum Disorder
Wow thats pretty much the exact same points awarded to me when I was assessed and then had to take it to tribunal. I have aspergers syndrome. The nurse from atos didn't have a clue about autism and seemed to think you grow out of it after childhood, because its defined as a developmental disorder. I had to get a lawyer on legal aid that then payed for a GP report and an independent physiatrist report to get them to acknowledge my problems as truth. The nurse from atos had dismissed what i had said in the forms saying that I showed no signs of any cognitive, mental or physical impairment that would stop me from doing any of the things on the forms. At the tribunal I was awarded the same as you got but i will have to go through it all again at the end of this year. I keep having panic attacks cause i don't think i can go through it all again. Its sooo stressful and takes soo long. Well done anyways. xx

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6 years 8 months ago #207632 by DigitalMelody
Replied by DigitalMelody on topic Tribunal reversal for Autistic Spectrum Disorder
This always confuses me about how Atos/DWP etc define Autism because even though its defined as a developmental disorder it is still a cognitive disorder and I don't think the DWP or Heath Care Professionals from the private companies understand this when assessing people on the spectrum. I wish the NAS could come up with figures to show that the DWP are totally failing to understand Autism and its affects on peoples daily lives and ability to go out. It just seems there are so many people on the spectrum having to take these things to appeal to get understood and believed. I hope the Government will be able to be more just and listen to what people are saying in the future.

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6 years 8 months ago #207848 by Roger
Hi Mary,
I have ASD1 (Asperger's) and am just about to file my PIP Claim, which is predominantly based on disability due to spinal arthritis.
I am anxious about any ucoming face to face assessment, as I'll find it hard if the assessor is not suitably educated regarding autistic disorder claimants.
Do you have any words of encouragement following the process you went through?
Thanks

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6 years 8 months ago #207926 by Mary
Try not to get too stressed and if you do not understand the assessors questions ask them to explain by giving examples. Tell them how your asperger impact on your daily living and how it can make your physical condition worse because sometimes your communication disorder can be misunderstood or misinterpreted by other professionals and this could impact in you receiving the right treatment or resources. Give them examples how ASD affects your daily living and mobility in relation to your physical problem.. If it is possible take someone who knows you well to the assessment. Even saying this it is not guaranteed they will understand your ASD. They may just focus on your arthritis for daily living and mobility. Good luck and hope you are successful.

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