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PIP taken from me after re assessment with physical ailment

Donagon
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11 months 2 weeks ago #279680 by Donagon

PIP taken from me after re assessment with physical ailment was created by Donagon

Hey there guys

I'm a newbie here so apologies if I get things wrong.

I was accepted for PIP back in November 2022, this was related to Depression and Anxiety, funnily enough in the same month I was admitted to hospital with a crazy infection and I ended up being diagnosed with Inflammatory Bowel Disease and Clostridium Difficile.

I let the DWP know when I came out of hospital two weeks later (was in for two weeks) and this triggered another re assessment. Had it in March. Just received a letter today to say that, I wont be awarded anything AND they are taking the previous award too, as I don't meet the criteria anymore.

When I received this letter earlier today I was pissed off and angry, how my mental and physical circumstances are now worse, but I am seen as better! I did have a bad feeling during the re assessment phone call as the HP just didnt really care.

As of now, I have notified the DWP of the notice to review the decision, and I have wrote an appeal which I will be sending off soon (with the help of your guide by the way which was helpful in putting together something, spent all damn day on it) with the point system what I should have got, and why, etc.

What I wanna know is, has this happened to anyone else? whats the likely of success?, I don't particularly wanna go to a tribunal (have had court experiences, they weren't great)

I am just baffled at not the fact that it wasn't any more funds, but they took it upon themselves to take off the previous award even though they were technically different things, but its all together in one big bubble now.

It was stressing me out, since now I will be down financially which is what I need as Physically, I am not doing great, and with a recent diagnosis I having to learn to adapt to this thing.

Any advice, opinions would be appreciative.

Thanks

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BIS
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11 months 2 weeks ago #279684 by BIS

Replied by BIS on topic PIP taken from me after re assessment with physical ailment

Hi Donagan

Welcome to the forum. You can find out where to find information about the site here benefitsandwork.co.uk/guides-for-claimants/faq

I'm sorry you find yourself in this position. I was wondering why you suddenly had a review- but I assume they thought you were telling them about a new condition that you wanted them to look at when you told them about the hospital stay. The DWP will not take any notice of a new condition until you have had it for three months prior to telling them and a certainty that it will continue for nine months afterwards. So I assume that's why they ignored the IBD. The Clostridium Difficile is treated with antibiotics, so they wouldn't see it as a long-term issue. That's why they then looked at the award you had in place. This is normal practice, and any claimant is looked at in terms of all their issues as they are at the time of the assessment.

Now you should have had an explanation of why they think your depression and anxiety have improved in such a short space of time. Have you had a copy of the assessment report? It's a PA4. You can ring and ask for it, and it normally takes 10 days to arrive. If you need any more time to get in your Mandatory Assessment - ask for it. They didn't use to give any additional time, but they often do. It's useful to see the report so you understand what you're fighting against. You can actually ring the DWP and ask for a call back from a case manager with an explanation of why they think your health has improved.

I can't say what your chances are. The majority of mandatory reconsideration remains the same - but everyone who wins it - will say it was worth the trouble.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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Donagon
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11 months 2 weeks ago #279686 by Donagon

Replied by Donagon on topic PIP taken from me after re assessment with physical ailment

Hey, thanks for getting back to me.

You mentioned that they would have ignored the IBD, so essentially have I just had a repeated review over the same issues?

I haven't got a assessment report, just the reasons that were partially given in the rejection letter which they state they didn't see any cognitive impairment, that as I had no person assisting me with my problems or that I have no aids that were put in the house (I'm in rented accommodation so don't get that) and what they believed I was capable of, that I was fine. Something also about information that I would not have known at the time - which didnt make sense to me.

My call was to get the mandatory re consideration and then I have wrote out my appeal in hopes It gets overturned, but I am pessimistic, due to dealing with these people, and its like a fight to get what you want.

In a weird way its made me feel like I don't have any issues, as again its such a drastic change from my previous report, but I have to tell myself that my issues are legitimate.

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denby
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11 months 2 weeks ago #279702 by denby

Replied by denby on topic PIP taken from me after re assessment with physical ailment

Dear Donagan
1] Do not let the so-and-sos get you down!
2] Please do as BIS says, call and request your PA4
3] Have a look at the news item on here on seeing appeals as 3 stages. The gist is, if they kick out your Mandatory Reconsideration [you could call it a Re-CON!] which they do most people, stick in the appeal anyway. You have a good chance DWP may give you an award to stay out of court - which is exactly what you want. You can stay in control of the situation as if they don't back down, you can always pull out yourself. So give it a go says I !
Best,
Denby

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Donagon
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11 months 2 weeks ago #279714 by Donagon

Replied by Donagon on topic PIP taken from me after re assessment with physical ailment

I really appreciate those words, thank you

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BIS
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11 months 2 weeks ago #279722 by BIS

Replied by BIS on topic PIP taken from me after re assessment with physical ailment

Hi Donagon

I can't say for certain - but I'm pretty sure that they would have ignored your IBD or thought it was a short-term issue. But the way for you to find out is to get hold of the PA4 - which should tell you what the assessor was thinking and make it easier to put in for an MR.

BIS

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PIP taken from me after re assessment with physical ailment

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