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PIP&Motbility stopped Desperate-please help me
- parmaviolets
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4 years 6 months ago #252705 by parmaviolets
PIP&Motbility stopped Desperate-please help me was created by parmaviolets
Please help me - I really am desperate and incredibly low (diagnosed depression) and today's news has really made my mood plummet even further.
I have multiple disabiities including both mental and physical health conditions, and degenerative, genetic, life-long conditions. I am also on numerous medications which negatively impact on both my physical and mental health.
Due to my ill health and immobility, I am totally reliant on my Motability car for both myself and my adult child (who also has many of the same conditions as me (and is also in receipt of PIP). (I realize he would be entitled to a car, but he would not be in agreeable under these circumstances).
I was in receipt of Enhanced Rate for both Mobility and Care, and I was due for review.
My carer sent the form back with a mountain of paperwork, including specialist reports from specialist hospitals and "top" Consultants which clearly showed that my conditions negatively impact on my daily life, and how my conditions are never going to improve.
I received a letter today dated 21st October, stating "we have decided your PIP award will end on 20 October because we asked you to fill in and return a form to us called Award Review - How your disability affects you and we did not receive it on time".
The letter continues:
"Motability Scheme provider will contact you about the return of your vehicle".
I struggle to get out, so my carer kindly decided to take my form (and evidence) and post it for me.
The frustrating thing is: he recently had a stroke (and many procedures), and he forgot to send it by Recorded Delivery, so I have nothing to prove that it was actually sent, or what date it was sent.
I have rung my GP and they said ‘normally the DWP send us a PIP Review form for us to complete about patients in receipt of PIP around about the Review time’. The receptionist checked back as far as February 2019, and confirmed that they have not been asked to complete any review forms in relation to me.
Questions
I'm really confused because if they actually haven't received my paperwork:
1. do they not at least assess me on my previous paperwork that I supplied previously by post and at my Assessment Interview (given that the DWP had information that clearly showed I had degenerative conditions).
2. Is it not standard practice for the DWP to contact my GP (who has access to all of my multiple medical reports, diagnoses, and statements from Consultants).
How can I sort this out?
Can I stop my car being taken back whilst trying to sort it out? (I’m extremely reliant on the car).
I realize that there are forms and advice on here, but I am just in such a desperate state right now, I would really appreciate someone please contacting me privately with the steps that I need to take, as I am finding it even harder than normal to process things right now.
Thank you in advance for any help.
I have multiple disabiities including both mental and physical health conditions, and degenerative, genetic, life-long conditions. I am also on numerous medications which negatively impact on both my physical and mental health.
Due to my ill health and immobility, I am totally reliant on my Motability car for both myself and my adult child (who also has many of the same conditions as me (and is also in receipt of PIP). (I realize he would be entitled to a car, but he would not be in agreeable under these circumstances).
I was in receipt of Enhanced Rate for both Mobility and Care, and I was due for review.
My carer sent the form back with a mountain of paperwork, including specialist reports from specialist hospitals and "top" Consultants which clearly showed that my conditions negatively impact on my daily life, and how my conditions are never going to improve.
I received a letter today dated 21st October, stating "we have decided your PIP award will end on 20 October because we asked you to fill in and return a form to us called Award Review - How your disability affects you and we did not receive it on time".
The letter continues:
"Motability Scheme provider will contact you about the return of your vehicle".
I struggle to get out, so my carer kindly decided to take my form (and evidence) and post it for me.
The frustrating thing is: he recently had a stroke (and many procedures), and he forgot to send it by Recorded Delivery, so I have nothing to prove that it was actually sent, or what date it was sent.
I have rung my GP and they said ‘normally the DWP send us a PIP Review form for us to complete about patients in receipt of PIP around about the Review time’. The receptionist checked back as far as February 2019, and confirmed that they have not been asked to complete any review forms in relation to me.
Questions
I'm really confused because if they actually haven't received my paperwork:
1. do they not at least assess me on my previous paperwork that I supplied previously by post and at my Assessment Interview (given that the DWP had information that clearly showed I had degenerative conditions).
2. Is it not standard practice for the DWP to contact my GP (who has access to all of my multiple medical reports, diagnoses, and statements from Consultants).
How can I sort this out?
Can I stop my car being taken back whilst trying to sort it out? (I’m extremely reliant on the car).
I realize that there are forms and advice on here, but I am just in such a desperate state right now, I would really appreciate someone please contacting me privately with the steps that I need to take, as I am finding it even harder than normal to process things right now.
Thank you in advance for any help.
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- Gordon
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4 years 6 months ago #252721 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP&Motbility stopped Desperate-please help me
parmaviolets
Answering your questions
1. No, failing to return the form is covered in the PIP legislation and results in the claim being closed if there is not Good Cause for the failure.
2. No, there is no legal requirement for those assessing a claimant to contact their medical contacts, the reality is that they rarely do.
Moving on.
The DWP should have contacted you about the failure to return the form before making the Decision to close the claim, did this happen?
Do you have a copy of the form that you can send to the DWP?
If you do then send it immediately and ask for a Mandatory Reconsideration of the Decision to end your claim. There are guides and template letters for this in our PIP section.
www.benefitsandwork.co.uk/help-for-claimants/pip
Call Motability, they are usually quite flexible about a car being returned if the claimant is challenging the Decision.
Gordon
Answering your questions
1. No, failing to return the form is covered in the PIP legislation and results in the claim being closed if there is not Good Cause for the failure.
2. No, there is no legal requirement for those assessing a claimant to contact their medical contacts, the reality is that they rarely do.
Moving on.
The DWP should have contacted you about the failure to return the form before making the Decision to close the claim, did this happen?
Do you have a copy of the form that you can send to the DWP?
If you do then send it immediately and ask for a Mandatory Reconsideration of the Decision to end your claim. There are guides and template letters for this in our PIP section.
www.benefitsandwork.co.uk/help-for-claimants/pip
Call Motability, they are usually quite flexible about a car being returned if the claimant is challenging the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: parmaviolets, MadH
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- parmaviolets
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4 years 6 months ago #252730 by parmaviolets
Replied by parmaviolets on topic PIP&Motbility stopped Desperate-please help me
Dear Gordon,
Thank you for your response/advice which I appreciate.
Below are my responses to a couple of your questions: (I couldn't change the font colour, so I have put my responses in bold to try to differentiate between my text and yours)
The DWP should have contacted you about the failure to return the form before making the Decision to close the claim, did this happen?
No, I was not contacted about the failure to return this form.
That said, this Review Form was apparently the second one that the DWP sent me (I only found out about the first one when I received a letter saying I should send back the Review form, upon which I rung PIP, explained I had not received a Review Form, and they sent this ("most recent") Review Form.
Do you have a copy of the form that you can send to the DWP?
No, unfortunately not. My carer, believing he was helping, (rather impulsively, without me knowing until afterwards) posted my form and evidence by 1st class post, without thinking to photocopy it, or to get some type of proof of postage.
(I can't really complain though as he was just trying to help me and he has been through some very significant and dangerous medical procedures recently which have affected him medically).
Thank you for your response/advice which I appreciate.
Below are my responses to a couple of your questions: (I couldn't change the font colour, so I have put my responses in bold to try to differentiate between my text and yours)
The DWP should have contacted you about the failure to return the form before making the Decision to close the claim, did this happen?
No, I was not contacted about the failure to return this form.
That said, this Review Form was apparently the second one that the DWP sent me (I only found out about the first one when I received a letter saying I should send back the Review form, upon which I rung PIP, explained I had not received a Review Form, and they sent this ("most recent") Review Form.
Do you have a copy of the form that you can send to the DWP?
No, unfortunately not. My carer, believing he was helping, (rather impulsively, without me knowing until afterwards) posted my form and evidence by 1st class post, without thinking to photocopy it, or to get some type of proof of postage.
(I can't really complain though as he was just trying to help me and he has been through some very significant and dangerous medical procedures recently which have affected him medically).
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- BIS
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4 years 6 months ago #252742 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP&Motbility stopped Desperate-please help me
Hi Parmaviolets
This must be very stressful, but you need to call the DWP - and as much as you are grateful for your carer's help you need to explain what has happened in terms of no copy or your form and no proof of postage - even though they were trying to be helpful . Explain your carer is ill and see if the DWP will overturn the decision. Point out that you have not received a letter before the end award date which you should have done.
I'm concerned you have no copy of the form. I don't know whether you have a mobile phone - but in the future take pictures of pages before handing the information to someone else. it's better than having no copy at all. You need to keep copies of all correspondence.
I hope the reports you sent off were copies and not original. Ask if they will give you more time - tell them you are highly vulnerable especially have an adult child with similar difficulties. If the person you first get through to - ask for a call back from a supervisor and see if someone more senior will change the position. If you still can't get a positive response you need to get onto your MP - some are very helpful and have had some success. Gordon has already told you about Motability - so if you haven't already get onto them.
I know you won't want to get on the phone - but try - and see if you can get the decision overturned. I know it will mean you filling in a new form, but it would be better than having to apply from scratch.
BIS
This must be very stressful, but you need to call the DWP - and as much as you are grateful for your carer's help you need to explain what has happened in terms of no copy or your form and no proof of postage - even though they were trying to be helpful . Explain your carer is ill and see if the DWP will overturn the decision. Point out that you have not received a letter before the end award date which you should have done.
I'm concerned you have no copy of the form. I don't know whether you have a mobile phone - but in the future take pictures of pages before handing the information to someone else. it's better than having no copy at all. You need to keep copies of all correspondence.
I hope the reports you sent off were copies and not original. Ask if they will give you more time - tell them you are highly vulnerable especially have an adult child with similar difficulties. If the person you first get through to - ask for a call back from a supervisor and see if someone more senior will change the position. If you still can't get a positive response you need to get onto your MP - some are very helpful and have had some success. Gordon has already told you about Motability - so if you haven't already get onto them.
I know you won't want to get on the phone - but try - and see if you can get the decision overturned. I know it will mean you filling in a new form, but it would be better than having to apply from scratch.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MadH
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4 years 5 months ago #252827 by MadH
Replied by MadH on topic PIP&Motbility stopped Desperate-please help me
Thank you Palmaviolets for raising this issue. I am in nearly the same boat, so to speak.
Though I do photocopy absolutely everything and send only copies to DWP.
I received my Award Review form and had an extension to 15th October. I returned ithe form and evidence by special delivery for a whacking £8.80. And thank goodness I took a photo of my ‘parcel’ and post office receipt because I too got a letter yesterday to say my award would end on 23 October - letter dated 24 October - and some detail about applying for other benefits if I was in financial strife!!!
I too spent over an hour waiting to speak to PIP helpline operator. I was able to tell him I know it was delivered very early hours on the 15 Oct and signed for. I was at first told they had received my bundle but on the 24th and then shortly afterwards told ‘no it was actually the 19th.... the medical review office are often have four to five days backlog’
I’m calling again on Monday thanks to Gordon and BIS replies.
The payment I received as my ‘final’ one is short by almost a third of my award.
So good to know they’ve got our backs isn’t it?
Though I do photocopy absolutely everything and send only copies to DWP.
I received my Award Review form and had an extension to 15th October. I returned ithe form and evidence by special delivery for a whacking £8.80. And thank goodness I took a photo of my ‘parcel’ and post office receipt because I too got a letter yesterday to say my award would end on 23 October - letter dated 24 October - and some detail about applying for other benefits if I was in financial strife!!!
I too spent over an hour waiting to speak to PIP helpline operator. I was able to tell him I know it was delivered very early hours on the 15 Oct and signed for. I was at first told they had received my bundle but on the 24th and then shortly afterwards told ‘no it was actually the 19th.... the medical review office are often have four to five days backlog’
I’m calling again on Monday thanks to Gordon and BIS replies.
The payment I received as my ‘final’ one is short by almost a third of my award.
So good to know they’ve got our backs isn’t it?
The following user(s) said Thank You: E13JT
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