DWP PIP claimants with autism and ADHD tribunal ruling, Digi Mart USA News: A tribunal has ruled that a Personal Independence Payment (PIP) claimant with autism and ADHD was wrongly denied payments by the Department for Work and Pensions (DWP). The claimant was told that using phone alarms and an Amazon Alexa device to help with tasks such as cooking and taking medication was not “out of the ordinary.”
At a first-tier tribunal, Judge Ann Humphrey heard that the claimant made a PIP claim by telephone in 2023, while aged 45 and having been diagnosed with hypothyroidism, ADHD and autism. The DWP refused the payments with low scores for activity 1 and activity 2 in particular.
On appeal, the claimant argued that the decision did not consider the impact of poor executive function, distraction, hyperfocus on some tasks and the appetite-suppressant effects of lisdexamphetamine on “Eating and Drinking” and “Preparing food.” The claimant said that preparing toast and Huel meal supplement drinks, due to poor motivation and executive function, should be treated as equivalent to a ready meal under PIP guidelines, which consider preparing simple meals with fresh ingredients.
The claimant also said they often forget to eat during the day due to poor appetite and poor executive function, and frequently set alarms to remind them to eat lunch. The tribunal had concluded there were no issues with memory, which the claimant described as inaccurate, citing limited working memory and poor executive function.
The claimant further argued that noise-cancelling headphones and earplugs, along with auditory processing difficulties in noisy environments, were not considered under the “Communicating Verbally” descriptor. The claimant said a Remarkable tablet, supplied by Access to Work, is used to write down verbal information and should be regarded as an aid or appliance.
Judge Humphrey remitted the case for a fresh hearing before a different tribunal panel.
