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DWP Staff Subtly Changing there Rules
- denisteulon
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9 years 8 months ago #139703 by denisteulon
DWP Staff Subtly Changing there Rules was created by denisteulon
My son apart from having Asperger's Syndrome has "managed" but severe Ulcerative Colitis. He has been granted ESA without the requirement to seek work given, without the need for a medical assessment. Based on the same reports from his Doctors and Counsellor.
PIP has been a much different affair, he was required to attend an ATOS HCA based on his address.
He was awarded zero points initially based on the ATOS opinions. He has had his Mandatory Reconsideration for PIP upheld with ZERO POINTS.
Taking just one example the points frame work for 4 points says "Needs to use an aid or appliance to be able to manage toilet needs or incontinence......
It does not speak about needing someone to help you apply or use these aids! unless I am missing something.
The Mandatory consideration notes that under :
Managing Toilet Needs or Incontinence
"You can manage your toilet needs or incontinence unaided" 0 Points.
Engaging with people face to face:
As he was able to talk to the Medical Assessor and answer a few questions he was deemed to have no problem engaging with people.
This is despite a formal diagnosis and a counsellors report which highlighted this as one of his deficits.
We are proposing to use the Welfare Rights Section of his local authority and despite the problems intend to make a personal appeal at tribunal. Is this the best service to use?
Has anyone else had the same stinted responses and how did these issues go on appeal.
Currently being Male under 35 he cannot claim full housing benefit and the only route to this is via the award of PIP. So both things hang in the balance.
All help and advice will be greatly received.
PIP has been a much different affair, he was required to attend an ATOS HCA based on his address.
He was awarded zero points initially based on the ATOS opinions. He has had his Mandatory Reconsideration for PIP upheld with ZERO POINTS.
Taking just one example the points frame work for 4 points says "Needs to use an aid or appliance to be able to manage toilet needs or incontinence......
It does not speak about needing someone to help you apply or use these aids! unless I am missing something.
The Mandatory consideration notes that under :
Managing Toilet Needs or Incontinence
"You can manage your toilet needs or incontinence unaided" 0 Points.
Engaging with people face to face:
As he was able to talk to the Medical Assessor and answer a few questions he was deemed to have no problem engaging with people.
This is despite a formal diagnosis and a counsellors report which highlighted this as one of his deficits.
We are proposing to use the Welfare Rights Section of his local authority and despite the problems intend to make a personal appeal at tribunal. Is this the best service to use?
Has anyone else had the same stinted responses and how did these issues go on appeal.
Currently being Male under 35 he cannot claim full housing benefit and the only route to this is via the award of PIP. So both things hang in the balance.
All help and advice will be greatly received.
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- Gordon
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9 years 8 months ago #139717 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP Staff Subtly Changing there Rules
dmtlancs
If your son can find trained representation then it is usually worth taking, however, he may struggle as appeals to the First Tier Tribunal are not covered by Legal Aid any more and it will likely be dependant on the workload of his LA's welfare unit and how likely they believe his claim is to win!
Even if he does go down this route then I would still recommend that he/you review our PIP Appeal and Claim guides so that you are aware of the process and have a full understanding of the PIP criteria. See
www.benefitsandwork.co.uk/help-for-claimants/pip
Just for reference, using an aid or appliance for Managing Toilet Needs only scores two points,.
Gordon
If your son can find trained representation then it is usually worth taking, however, he may struggle as appeals to the First Tier Tribunal are not covered by Legal Aid any more and it will likely be dependant on the workload of his LA's welfare unit and how likely they believe his claim is to win!
Even if he does go down this route then I would still recommend that he/you review our PIP Appeal and Claim guides so that you are aware of the process and have a full understanding of the PIP criteria. See
www.benefitsandwork.co.uk/help-for-claimants/pip
Just for reference, using an aid or appliance for Managing Toilet Needs only scores two points,.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denisteulon
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9 years 8 months ago #139728 by denisteulon
Replied by denisteulon on topic DWP Staff Subtly Changing there Rules
Many thanks Gordon yes you are correct about the 2 points am factually correct tha saying you can manage your toilet needs negates the award of two points.
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