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Possible pip overpayment/ wrong descriptor ticked.

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1 year 2 months ago #283621 by Agis
Hello dear Forum Moderators!

The assessor scored me 11 points for daily living. (Previously had an enhanced rate)And 10 points for mobility. I didn't have any mobility points on my previous award.

Yesterday I found out that they tried to call me but I changed Sims in my phone so I never answered their phone calls!:(

I will get back payment for mobility component. And I am awarded standard mobility rate (but due to psychological reasons). I have to say that I was happy, altough now I have some serious doubts.

I told the assessor that I can not go to places that I don't know without assistance. And I told her that I stay at home a lot.

She has marked that I can not go anywhere because of severe psychological distress. I was telling her that I don't go out due to my physical health problems and she marked that I can't go out anywhere because of being psychologically overwhelmed.

instead of ticking descriptor D she has chosen descriptor E. She mentions that my medical evidence I had sent points to this but it's not true. My evidence clearly states that I go out but I need some help with unfamiliar journeys.

I should have scored points for descriptor D. But she gave me points for descriptor E.

I don't want to be accused of cheating or benefit fraud.

I don't want PIP to become my prison now. I don't want them to tell me that they overpayed me.

I was planning on going to a University and at the same time keep my pip. I don't want them to take it away from me thinking that I lied to them.

I'm seriously scared now of going to Uni because maybe they will accuse me of fraud. Since my report states I'm only at home and can not go out anywhere due to overwhelming psychological distress.

I also live in a difficult situation with neighbours where they harass me so staying in all the time is not good for me.

In this situation where I feel that PIP will stop me from going to University because it's reported that I don't go out due to being psychologically overwhelmed. I don't think the money would be worth it!

I seriously don't want them to turn and say I commited a fraud when it was the assessor mistake. In this case extra money I got is not worth it! I can give it back just not to get into trouble because of descriptor she has ticked.

What should I do in this kind of situation especially since I was planning to go to Uni. How do I avoid loosing benefit and being accused of a fraud?

Should I call them and ask for Mandatory reconsideration because of that? Usually people do that if they want more money in my case descriptor is wrong.

Should I only tell them of change of circumstances only when I apply for University?

Should I report change of circumstances and say that I can go out?

Should I call and tell them that assessor made a clear mistake?

What should I do with something like this without getting in trouble? Because I dont want to feel mentally restricted because of this.

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1 year 2 months ago #283630 by Gordon
A

As this appears to be a clear-cut case of the assessor awarding the wrong Descriptor I don't think you have any choice but to contact the DWP.

Be aware, whilst the wrong Descriptor has been given this does not mean that the correct one will automatically replace it. The assessor has gone down the wrong route when assessing you but they may have failed to investigate sufficiently as to whether you can get to an unfamiliar place.

Gordon

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

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1 year 2 months ago #283631 by Mark
Hi Avis

Personally I would leave it be. The assessor has done their job and it’s not down to you to query their decision. Unless of course it went against you. The assessor is looking at all sorts of evidence and making their decision. When I first applied for PIP I got zero points. I then submitted an MR without any evidence other than my own statement as to why I should get standard mobility. That’s all I asked for. One day a few months later I noticed five grand in my bank account. Get a letter shortly afterwards having been awarded enhanced daily living and enhanced mobility. That is a decision that it’s not my job to query. The letter said something like “although you only asked us to look at mobility we have looked at all of the evidence”. That’s their decision.

I had a PIP assessment recently and ironically I was downgraded to standard mobility only. Asked for MR. Nothing. Appealed. I only asked for standard daily living and said not to consider the standard mobility as I accepted that as correct. Got a phone call from a nice woman who told me she is giving me enhanced in both. She gave me points for things that I specifically said I don’t think I qualify for. I said that I don’t really get reminded anymore about taking my medication. She just said it is about risk. I said that I do a bit of cooking now but she still gave points due to the risk. I travel on my own on the bus to places that I am familiar with. But I’m getting enhanced mobility for cannot travel to places that I am familiar with without a chaperone. During the phone call I pointed this out. She said something like “I can see where you are coming from” and again brought up the risk issue. So I get the impression that I probably should not travel on my own but that is my decision. It’s not like you are saying I can’t walk more than 50 metres but you run every day.

I would accept the decision you have and stop worrying about it. Just because you go out it doesn’t mean you haven’t got issues. I don’t know if they are physical or mental but there could be a risk issue with you that you haven’t considered which the assessor has.

I cannot see any reason why you would get into trouble. I’m sure the professionals like Gordon, Gary, etc… will add to what I’ve said and may be able to reassure your more.

I’ve recently come off ESA due to my savings about to go over the 16k limit. For now the PIP is a lifeline.

Regards.

Mark

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1 year 2 months ago #283636 by Gordon
M

Normally I would agree with you, the DWP regularly use their "experts" to say that claimants do not meet a Descriptor, why would we argue when their "experience" says that the claimant does?

However, this is different. A needs to go out for her university, this is in direct contradiction to the awarded Descriptor.

Also, Descriptors (d) and (e) are considered to be mutually exclusive of each other.

Lastly, A has said she cannot go out due to physical problems, this is not considered for the Going Out activity and she has not raised any issue of "overwhelming psychological distress" which was the basis for the assessor's recommendation.

The DWP may choose not to alter the award, that is their discretion but if an issue is raised at a later date, then A will have proof that they have notified them leaving responsibility for the error with the DWP.

Gordon

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

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1 year 2 months ago #283640 by Mark
Sorry Gordon

I should have read A more thoroughly. Missed the bit about physical reasons.

I really don’t think though they we should be doing their job for them by checking they have chosen the right descriptors.

If A ignored it and was just happy to have her award could they claim that the onus was on her to inform them and demand payment back?

I’m not a member any more so should not ask questions. Got me a bit concerned now about my situation. I’ve done the right thing with ESA despite loss of income but I feel my PIP is justified without querying the DM’s decision.

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1 year 2 months ago #283643 by BIS
Hi Mark

In A's case, I think they could argue that the onus is on them to inform them when it could make such a material difference and is factually wrong.

BIS

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

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