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PIP LEAP review confusion, and DWP response

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3 years 6 months ago #264575 by Jack
Hi, this is just a little information of my situation and a kind request for some advice on the situation.

When I was living with my ex-partner back in 2014, I was diagnosed with Autism, although as you will be aware this is a lifelong condition. With that in mind, I have always suffered the same problems with social and personal motivation, and the last years have been hell for me. Nothing has really changed and I can't see things getting any better anytime soon.

Initially, with my ex-partner's help, I applied for PIP back in 2014. I had to go all the way to tribunal appeal, as I kept being turned down with zero points. Eventually, the court awarded me standard care and no mobility, despite the fact I struggle with severe anxiety in social situations, along with sensory impairments, etc.

I heard about the test case for both mental health (engaging with people face to face) and also mobility (following/planning route of a journey), and felt a little relieved that there may be a chance to be able to claim what I was entitled to, from the date of the cases (2016) until the following review which was in 2019.

In my 2019 review, I had two points (previously awarded by the court) for making budgeting decisions removed from me. If Id have kept those, I would have gone up to enhanced rate, but unfortunately this wasn't appealed because my ex-partner persuaded me not to (basically, don't poke the hornets nest or you could lose it all).

Anyway, I spoke to someone from the DWP today. They told me that they cant overrule a tribunal decision (they could remove my points however because it was a "fresh decision", and that I should appeal to the upper tribunal. It was also made clear that I may be outside of the timescale for requesting the UT to review this.

I explained to the DWP that initially, I didn't feel that it was worth perusing because of the risk of losing my existing claim, as well as not having my ex-partner for support. I thought that the supreme court would over-rule the FtT, however it seems that the UT may just respond with "well there was no error in law in 2014 at that time, as the supreme court decision was in 2016, so therefore no error was made". Would this mean that,. in effect, anyone who claimed PIP before 2016 is automatically excluded from appeal?

In December last year I was awarded with enhanced care and mobility, which I feel I should have had all along. I was too scared to go further with appeals what with not having any support whatsoever, and so the whole things feels completely rigged against me.

The only reason I got enhanced this time was because of my mandatory reconsideration - the work assessor stated in their report that "the claimant owns a driving licence so we feel they are able to adequately make budgeting decisions". Only after pushing and pushing, the DM eventually awarded me enhanced for both, which is good, but it really does feel that the period up to December last year was unfair. I don't even know where to start with this, or whether I should just let it go. :(

Any suggestions? thanks for listening to me ramble on, and sorry if the information is out there already. I just struggle to interpret things sometimes if its not explained in a logical or non-contradictory way.

Jack

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3 years 6 months ago #264607 by Gary
Hi Jack

The DWP are reviewing claims/awards from November 28 2016 for people who may have been entitled to mobility for overwhelming psychological distress that they suffered. This is an ongoing process. Claimants will receive a letter saying that either their claim has been looked at and either it remains the same or they will be awarded a back payment. We can't tell you whether you are eligible for this - only the DWP can

www.gov.uk/government/publications/perso...rom-28-november-2016

In regards to appealing a decision the absolute time limit is 13 months.

You may want to seek advice from a local Welfare Rights Organisation. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

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