Supersession cases

Hello,

I need some advice urgently, but I feel it's quite complicated.

The replies to a couple of recent posts have mentioned "supersession" cases, when the DWP reduces an award following assessment. I think this might be what has happened in my son's case. He was first awarded PIP in February 2019, following a Mandatory Reconsideration, after previously receiving DLA for eighteen years. He had a review assessment in September, after which he lost his award of Enhanced Care and Standard Mobility, and was awarded Standard Care only, but for six years, which is, after all, a relatively long award. After receiving advice from a couple of the Moderators here - thank you - I decided to apply for a Mandatory Reconsideration, but was unsuccessful, so I'm now trying to decide whether it would be worthwhile appealing.

My son has autism, which is a lifelong condition, so I cannot understand why the DWP think it has improved. They seem to have based their decision mainly on the fact that he now has a job and had been learning to drive, suggesting this is an activity he is capable of doing alone and without supervision, although the very fact that he has never been able to pass a test indicates that an examiner does not consider he could plan or follow a journey safely alone. He would never be able to keep his job if his father did not rouse him in the mornings and take him to work, then bring him home again in the evening. Since it is almost impossible to explain the intricacies of autism to anyone, even those willing to listen, I'm very anxious about the prospect of going to a tribunal.

The recent posts regarding the supersession rules suggest that the onus should be on the DWP to prove that my son's condition has improved. Unfortunately, we have no recent medical evidence to show that it has not. The diagnosis was made many years ago, when he was a child and, since there is no treatment to be monitored, there is no further contact with any specialists subsequently - you are just left to get on with it. My husband and I are very concerned about the future, when we are no longer around to look after him, so it is important to us to have his problems "officially" recognised and any award of PIP is welcome for that reason.

However, I do feel that if I don't fight on at this stage, the DWP may feel justified in removing his award altogether in six years' time. If we appeal and the appeal is unsuccessful, is it likely that he would lose out altogether? Or do awards where the claimant is unsuccessful continue unchanged in most cases, as at Mandatory Reconsideration? I haven't much longer to make this decision, so I am wondering if we should go ahead and appeal so that we are within the required timeframe, then withdraw if I lose my nerve.

We have no new evidence to offer in support of an appeal, but there is a lot of paper evidence from past claims - would this be useful? I cannot really understand how the DWP can justify their position, having paid my son benefit for so many years. I feel I am going round and round in circles, saying the same things over and over again, things that nobody will believe anyway.

Also, I did not know when he had his telephone assessment in September (or, indeed, the previous face-to-face one on transferring from DLA to PIP) that, as his appointee, I could have spoken for him - it is too easy for someone questioning him to lead him towards the answers they want; he will agree he can do anything anybody says because he wants to believe that he can. I can foresee that this could be a problem during a tribunal, so I wonder if I should ask to have the case assessed on the papers alone?

Finally, If we decide not to go to a tribunal, would it be worth writing a letter to the DWP to say that, although we have accepted their decision, we do not agree with it, and ask that this be put on record. Or if you accept an award, is your agreement that it is the right award taken for granted?

Sorry to take up so much of your time - I have so many questions buzzing around in my head and not enough time to decide what to do. Thank you in advance for your help.

Wendy Woo

Hi, there. Your case is a mirror image of my own sons case which I am currently a waiting a tribunal date hearing. My Son Also has autism and been diagnosed many years ago. He can also drive and also has a job. And the Dwp have done the exact same with my Son in regards to that he can work and drives so there for is OK etc. Which is not the case at all as he has support at work everyday and from us, his family. Plus the support outside of work too. My Son was also on dla for rest of life and agter Pip came in , he lost this award. I appealed and took it to the tribunal in 2017 and we won the award back again! Wow. Then after a few years, he lost the award again. Nothing had changed, same job etc and I am in the middle of going through this process again. My Son only has the standard rate though. There was no medical evidence as such both in the 2017 tribunal and this tribunal as the exact same is for my Son as what you have said about your Son and no medical evidence etc. Absolutely nothing has changed .

It's the old " but you don't LOOK "disabled" " thing. There's a good PR reason why Pudsey bear has a bandage...

Hello,

Thank you all for you kind and helpful replies - I'm sorry I haven't responded properly before, but I have been preoccupied with trying to prepare my submission for an appeal, although I haven't been brave enough to send it yet!

Filey, I wish you luck and hope for a successful outcome for your son's tribunal - please let us all know how you get on. So many people contributing to the forum seem to be reporting something similar happening to them. In a way, it's comforting to know that so many others are in the same boat, but it's so unfair that so many people with long-term disabilities are losing out, especially those who find it difficult to fight for themselves.

denby, I know exactly what you mean, but at the same time, people can always spot when someone has a disability if they wish to take advantage of them...

LL26 (or one of the other moderators), just a couple more questions, if I may. I feel I need someone to hold my hand throughout this process! My son is not very keen to cooperate with the idea of having to speak at a tribunal, especially given the way his assessment went - he will agree he can do almost anything anybody says in response to questioning in the hope that it will stop, and also because he doesn't like to admit that he needs help. I don't want him to lose any points already gained, especially as most of them were for engaging with others face-to-face, which he would have to do at an in-person tribunal. So I'm still wondering if a paper assessment would be better, given the circumstances?

In your response to a previous question from another member on the forum, you said that a tribunal would have to give a warning before they could legally stop your benefit, in order that you might have a chance to withdraw your appeal. Do you know at what stage in the proceedings they would do this - would it be early on, when you send your submission, or would they wait until later, or even on the day of the tribunal itself?

I hope you can help me with this too - thank you.

Wendy Woo