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Neurodivergent PIP Decision - 0 points
- Chill-E
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1 day 15 hours ago #311819 by Chill-E
Neurodivergent PIP Decision - 0 points was created by Chill-E
I just received my PIP decision and scored 0 points for all Daily Living and Mobility activities.
I scored 0 points for all Daily Living and Mobility activities. For context, I have a formal diagnosis of Autism and ADHD (AuDHD).
Rather than posting large extracts, I’ve tried to summarise the main reasoning used throughout the decision. I’d appreciate views on whether this type of reasoning is generally considered challengeable at MR or tribunal, or whether I’m misunderstanding how PIP law is applied.
The decision relies heavily on:
Are these types of reasoning commonly challenged successfully, particularly in neurodivergent cases?
Thank you for reading and any help you offer would be appreciated - I've asked for a copy of the assessors report
I scored 0 points for all Daily Living and Mobility activities. For context, I have a formal diagnosis of Autism and ADHD (AuDHD).
Rather than posting large extracts, I’ve tried to summarise the main reasoning used throughout the decision. I’d appreciate views on whether this type of reasoning is generally considered challengeable at MR or tribunal, or whether I’m misunderstanding how PIP law is applied.
The decision relies heavily on:
- The fact that I work in an analytical role to conclude I have adequate concentration, reading, memory and communication ability.
- The fact that I drive, with no licence restrictions, to conclude I can plan and follow journeys and manage complex tasks unaided.
- Repeated statements that I have no diagnosed cognitive or intellectual impairment or learning disability, used to dismiss reported functional difficulties.
- The absence of prescribed medication, care plans or current mental health input to conclude there is no significant mental health impact or psychological distress. (odd as I said I over 20 therapy sessions last year and am awaiting more therapy this year)
- Little or no reference to whether activities can be completed reliably (safely, repeatedly, to an acceptable standard and within a reasonable time).
Are these types of reasoning commonly challenged successfully, particularly in neurodivergent cases?
Thank you for reading and any help you offer would be appreciated - I've asked for a copy of the assessors report
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- LL26
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3 hours 12 minutes ago #311833 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Neurodivergent PIP Decision - 0 points
Hi Chill-E,
Unfortunately the comments you refer to are common phrases used in decisions. (For many disabilities, not just neurodivergence.) And....because they are common phrases then very many people do successfully argue them. DWP are terribly poor at the so- called reliability criteria,view safety, reasonable time, acceptable standard and repetition. It is really important to address these as points can easily be won by arguing these.
You have asked for the report, and I would suggest you don't send in any MR request until you receive this and examine it. (Don't worry if this takes you outside the 2 month time limit - send the MR late but explain the reason was due to having to wait for the report - this should be sufficient reason to allow a late MR.)
On the meantime, start preparing your MR. Think of it in 3 sections. Firstly write a paragraph or two about your health, diagnosis, problems as a child, and problems now, just general stuff. Things like getting a job, any reasonable adjustments made, or just your boss accomodating your health or behaviour etc. Explain if relevant eg how many times to pass exams, including driving test. If you didn't take exams or had help explain this too.
The next section is a brief critique of the report. On a separate piece of paper try and work out 4 or 5 bullet points that explain deficiencies in the report. Think about the manner of the assessor, did he listen, has he written down incorrect information ? (ie he appears to not understand/ is confused) Never say he ' lies' as you can't prove this and it will sound very negative.
Other things to consider is whether he has ignored what you said. Look for Inconsistencies. Give examples for each bullet point. Check what qualification the assessor has, because your last bullet points could be eg , he does not indicate any specialist mental health qualifications, and this could explain why the assessor does not appear to understand about Autism etc.
Then last section - go through each descriptor and say why you can't do the activity, what goes wrong etc with examples, here you can do a more in depth criticism of the report. You can state how many points should have been awarded. Mention about 'reliability' as this is crucial.
In the background paragraph you may wish to include a quotation from a relevant charity to confirm about eg autism, often such websites confirm the diagnostic criteria and discuss eg cognitive difficulties, which will easily rebut any suggestions that your health condition doesn't cause cognitive issues. Likewise you might also be able to confirm that you fit within all of eg 5 markers that indicate the health problem. However old your own diagnosis was, please include the report and refer to it.
Think carefully how you perform PIP descriptor activities what help is required. Maybe you avoid things because it's too difficult, takes too long or due to safety reasons. Be totally frank, maybe you start but don't finish things - why? Think about time taken as this is very important consideration for autistic people.
I hope this helps.
Good luck.
Please let us know how you get on.
LL26
Unfortunately the comments you refer to are common phrases used in decisions. (For many disabilities, not just neurodivergence.) And....because they are common phrases then very many people do successfully argue them. DWP are terribly poor at the so- called reliability criteria,view safety, reasonable time, acceptable standard and repetition. It is really important to address these as points can easily be won by arguing these.
You have asked for the report, and I would suggest you don't send in any MR request until you receive this and examine it. (Don't worry if this takes you outside the 2 month time limit - send the MR late but explain the reason was due to having to wait for the report - this should be sufficient reason to allow a late MR.)
On the meantime, start preparing your MR. Think of it in 3 sections. Firstly write a paragraph or two about your health, diagnosis, problems as a child, and problems now, just general stuff. Things like getting a job, any reasonable adjustments made, or just your boss accomodating your health or behaviour etc. Explain if relevant eg how many times to pass exams, including driving test. If you didn't take exams or had help explain this too.
The next section is a brief critique of the report. On a separate piece of paper try and work out 4 or 5 bullet points that explain deficiencies in the report. Think about the manner of the assessor, did he listen, has he written down incorrect information ? (ie he appears to not understand/ is confused) Never say he ' lies' as you can't prove this and it will sound very negative.
Other things to consider is whether he has ignored what you said. Look for Inconsistencies. Give examples for each bullet point. Check what qualification the assessor has, because your last bullet points could be eg , he does not indicate any specialist mental health qualifications, and this could explain why the assessor does not appear to understand about Autism etc.
Then last section - go through each descriptor and say why you can't do the activity, what goes wrong etc with examples, here you can do a more in depth criticism of the report. You can state how many points should have been awarded. Mention about 'reliability' as this is crucial.
In the background paragraph you may wish to include a quotation from a relevant charity to confirm about eg autism, often such websites confirm the diagnostic criteria and discuss eg cognitive difficulties, which will easily rebut any suggestions that your health condition doesn't cause cognitive issues. Likewise you might also be able to confirm that you fit within all of eg 5 markers that indicate the health problem. However old your own diagnosis was, please include the report and refer to it.
Think carefully how you perform PIP descriptor activities what help is required. Maybe you avoid things because it's too difficult, takes too long or due to safety reasons. Be totally frank, maybe you start but don't finish things - why? Think about time taken as this is very important consideration for autistic people.
I hope this helps.
Good luck.
Please let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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