PIP appeal win after move from DLA.
Sometimes it is hard to believe the sheer wrong headedness of decisions based on medical assessments by ATOS. This is one such PIP appeal case.
Our client was a young man who had been on the middle rate care component of Disability Living Allowance and the lower rate mobility allowance. His disabilities included autism, learning difficulties and acute anxiety. His DLA was due to expire, and he was asked in for an ATOS PIP assessment.
Our client had comprehensive medical evidence that he needed verbal and visual support to understand language as well as to communicate.
The ATOS report did not uphold the basis of the prior award of DLA. Our client was only awarded 4 points although a more realistic score would have been in excess of 40 points. A Mandatory Reconsideration lodged by our client’s parent had been refused.
Keith Hollywood, our benefits expert, was instructed to lodge an appeal.
Keith prepared the case including further evidence and detailed written submissions on the facts, case law and the misapplication of the relevant tests by ATOS and the DWP.
The tribunal allowed the PIP appeal after reading the lengthy written submissions that Keith had prepared and considering the evidence awarded PIP at the enhanced rate for the daily living component and the standard rate for mobility.
Note: Legal Aid is not available for PIP appeals to the tribunal. However, the value of a successful claim, over £5000 a year in this case, means that it is economically sensible to instruct expert solicitors to increase you chance of winning. In some cases it will be worth taking advice before applying as a well evidenced claim for PIP can, in some cases, avoid the need for an ATOS assessment altogether. Our PIP appeal fees are very competitive.