PIP Award Revision due to a change in the Law.

I'm one of the PIP claimants who lost my mobility award, (had this for 10 yrs on DLA) due to my significant difficulties with travelling to unfamiliar places.

Indeed Second ATOS Assessor who did a paperbased review at DWP's request said the same but failed to award me points as was due to MH and excluded.

DWP stated, not to contact them. That they will contact claimants. They promised to back date such claims if now validated. Stated it should not affect the existing care award. I've already been messed about considerably over that.

In the interim period, I've had 2-3 new medical conditions, diagnosed. Although serious, I'm not wanting make much of these, as I'm 'already in reciept of Enhanced Care award, they make no difference to my claim?

I don't need the stress of another f2f with a lying incompetent ATOS assessor. First f2f was with a level 1 nurse. She stated her opinion freely but obviously didnt bother to read my supporting medical evidence. Hence 0/0 report amended following paperbased review to 13/4

Currently me not having had my mobilty reinstated is negatively impacting me as I'm on the transfer list due to worsening ill healh conditions but am ineligible without mobility to apply for certain accommodations.

Can I just subit even by phone a request as worded in title above? Has anyone else tried this? Any advice would be greatly appreciated....

Thanks Gordon and you are indeed correct. I telephoned PIP today. There are a dedicated team dealing with this, the call centre chap said they do not have their contact details to even contact them or send on a message.

Now being extremely disadvantaged on the housing register due to this nevermind the financial hardship.

It is now my intention to add this refusal to review my award to a long list of proceedures errors, delays, incompetence and malpractive.

Now I'm close to putting in a claim against DWP for Maladministration and the compensation for all the difficulties caused to me.

Will this achieve my goal of getting my mobility reinstated...by way of Redress?

The other option open to me is to contact my MP, the Solicitior General and request his help in resolving this.

Which would you suggest?

Hi Gordon,

I cannot afford to let this drop. I was willing to wait despite my dreadful financial state. But it's hindering my move, as I am excluded from all properties, requiring a mobility award.

Due to my "special needs" the number eligable properties, I can bid on is one or two, a week.

All of these "eligable properties" were unsuitable to date and there's 153 in front of me.

I was a victim of antisocial behaviour here, for two years, and I am desperate for a transfer. The housing officer is not supporting the antisocial behaviour side.....

I am considering:
1) Making a formal complaint specifically regarding DWP's refusal to accept a request for review or a mandatory reconsideration regarding my overdue mobility award. This adds insult to injury for those of us unfairly deprived already.

For their failure to allow myself, a claimant, in desperate financijal need, and am also being denied statutory entitlement to properties on the housing register, reserved for applicants with a mobility award.

I desperately need to have my own access and egress due to my difficulties with emotional regulation. This relapse in my mental health was due to me having to contend with the antisocial behaviour of others.

2) and or instead of the above.

I'm wondering if making a Compensatory request, due to my loss of statutory entitlement (on the council housing register).

I copied some info regarding this, which I cut and pasted below for your reference. I believe my grounds for this are covered....

Can you advise me which is the best "way to go?"

I'm happy to involve my MP too....

Many thanks

The Scatty One.....
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Cut and pasted......

Making a compensatory request

Generally speaking before making a claim you should try and resolve this with the DWP first. The general way of doing this is to request compensation and or an ‘ex-gratia’ payment. The DWP has special officers who deal with this, you can find out more about the circumstances in which you can make compensatory requests byreading the DWP guidance here.

In summary the guidance looks at different key areas:

Maladministration
Acting to put things right
Deciding a case on ‘balance of probabilities’
Further redress through the Independent Case Examiner or The Parliamentary and Health Service Ombudsman (PHSO)

The Guiding Principles of the Department for Work and Pensions’ Special Payment Scheme

Individuals should not be disadvantaged as a result of
maladministration:
Injustice and hardship resulting from maladministration should
be addressed on a case by case basis:
Fair and justifiable decisions should be made in respect of
individual cases:
Special payment decisions should culminate in timely and
appropriate financial redress for individuals:

Ex gratia special payment categories
There are three special payment categories under which individuals can be
awarded financial redress in response to DWP maladministration.

Loss of statutory entitlement
Actual financial loss or costs
Consolatory payments

The scope is therefore quite wide. You should however bear in mind that there may be no legal obligation to make some of the payments you may request. However the guidance gives you a good idea about how the DWP consider themselves liable in certain fault situations, by reading their guidance you get some insight in to how they are likely to consider your request. An advantage in making a compensation request is that it is free.