PIP Appeal Attendance?

[pinkdragon]

Hi, wondered if anyone can help please.

 

I intend to appeal the decision made for my 19 yr old son's mobility (he was awarded enhanced care but just 4 points mobility). We have had a reconsideration, but the original decision still stands. I am his appointee and know there is a better chance of appeal if we attend, but he suffers so badly with OCD and anxiety that he really has trouble getting out of the house. I'm wondering if I would be allowed to attend alone on his behalf, or whether he would need to attend too? If I can't attend instead, I shall have to take our chances on an appeal without attending. Thanks

[reallymadwoman]

I don't know the exact rules for tribunals but as his appointee you would be obliged to attend e.g. an assessment, and it couldn't go ahead if you weren't present. On that basis I would guess that you are obliged to attend the appeal, but whether you can attend alone is not so clear. My first port of call would be the tribunal service themselves, they should be able to tell you.

 

I'm guessing he's been awarded 4 points for 'needing prompting to go out', which is due to a fairly recent decision in the upper tribunal which restricted points for mental health issues to either that descriptor or the one for not being able to go out at all. There was another decision at around the same time which was precisely opposite, but of course DWP prefer the one that gives less people benefit. Since this is an area with a lot of interest at the moment (they'll have to decide one way or the other eventually!) you may be able to get some help from one of the mental health or learning disability charities. Have a search online, the two case references are UK/0622/2015 and CSPIP/109/2015.

[pinkdragon]

Thank you for your reply reallymadwoman. Yes you're correct, he's been awarded his 4 points for 'needing prompting to go out', however my argument is he cannot go out at all without another person, and even then he finds it really difficult to continue any journey. He certainly can't venture out "safely", "to an acceptable standard", "in a reasonable period of time" or "repeatedly". I'll get in touch with the HMCTS and see if I can go instead. If not I'll start preparing a good case.

[reallymadwoman]

You need to prepare a good case either way - the written submission should be submitted well in advance, with as much supporting evidence as you can get. If your son is still in education, get statements from whoever at the school is willing and make sure they say why he can't go out alone, focussing on risks - of harm to him/other people, getting lost etc.

 

Find transcripts of those cases or summaries (I can't give you a link as I use a paid for site) and read them carefully. If you can, get help as I suggested.