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LEAP review query

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3 years 10 months ago #260781 by Remix
LEAP review query was created by Remix
Hi..

I attended PIP tribunal literally days before the u-turn on mobility.

The judge and doctors said they wanted to award me the enhanced rate for mobility, but could not at that time because of the ongoing disputes relating to the outcomes in other court cases.

I was offered the choice to accept the award they could give on that day (enhanced daily care) and hope the govt would address claimants who should get mobility due to the upper court cases - and to be clear neither myself or the panel could have known the u-turn was imminent - or alternatively I could adjourn and wait an unspecified time for another tribunal.

Having waited a year for the tribunal and being in considerable distress I made the now regrettable decision to accept the daily care award and move on and hope for the mobility stuff would be addressed down the line.

Since then I have had a PIP review, and frankly I was bullied by DWP because they awarded me an ongoing 10 year award (I have a lifelong disability), but after speaking to a decision maker and them saying they had enough info to make an in-house decision, they phoned me back to say I needed a face to face and the files were being sent to ATOS etc. I was experiencing suicidal ideation at that time and could not face a f2f assessment and prospect of another phony assessment and then another year waiting for tribunal. They said OK we will make a decision but you'll just get what you got before. It was actually more threatening than that. Anyway I have enhanced daily care but no mobility.

Sorry for rambling on like this but the key point here is that at the tribunal, I was awarded 4 points for mobility, and DWP in their report said yes we understand you have difficulties with mobility. However in the review, they stripped those points out, for no clear reason.

Now of course I am wondering if when the LEAP review is completed, will they look at the review only, see 0 points and hence exclude me from any possible mobility help? Or would they look at the tribunal result to?

Is it safe for me to phone DWP to ask if they've assessed me for LEAP? Ask them to look at the mobility stuff? I don't want to trigger a review of my entire PIP.

Apologies for the long post.. I am just having mobility MH problems and want to find out the best course of action. Thanks as always to the kind supporting admins here.

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3 years 10 months ago #260792 by BIS
Replied by BIS on topic LEAP review query
Hi Remix

There is no risk to your award by asking them if you are eligible for a review of your mobility under LEAP. It only applies to mobility so asking the question won't trigger a review of your whole claim.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Remix

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3 years 10 months ago #260901 by Remix
Replied by Remix on topic LEAP review query
Thanks BIS.

I have read some posts by folk being sent a review form after asking about LEAP, possibly as a scare tactic?

Examples here : www.benefitsandwork.co.uk/forum1/10-dla-...-leap-review?start=0

Might it be safer to write by mail? Could they still force a review?

It would also give me opporutnity to mentioned the things relating to the points I was awarded (and then removed), in a letter.

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3 years 10 months ago #260941 by Catherine
Replied by Catherine on topic LEAP review query
Hi Remix,

I think your post has being sitting unanswered for a little while because there is no easy answer and we are all tacking more straight forward ones! Hopefully now that it is visible you may also get replies from our wider community.

It would appear that requests for a LEAP review are being met with a review form. This is possibly simply because the DWP don’t have a form specifically for LEAP. I think what I would do if that happened is return the form uncompleted with a letter saying that I have not had a change of condition, I did not request a general review but merely requested a LEAP review. I would then go onto explain in that letter what the evidence was that showed that I should have been awarded a mobility award.

Having said all of that, as far as I know, they are entitled to carry out a review at any point, so I would not like to say that there is absolutely no risk. I will be really interested to discover what our members’ experience is.

Catherine

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