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PIP Award Review has confusing date references
- kysgillett
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1 year 1 month ago #284082 by kysgillett
PIP Award Review has confusing date references was created by kysgillett
Dear moderator
My sister who has drug refractory epilepsy was award both components of PIP at enhanced level by an Appeal Tribunal decision on 5/11/2019. The Tribunal gave her 17 points for Daily Living.
Prior to that the DWP had last written to her with a Mandatory Reconsideration Notice dated 15/1/2019 saying she did not qualify for Daily Living as she was only entitled to 6 points.
She has now received the Award Review form which states that DWP last looked at her claim on 15/1/2019 and this review is to see if the level of PIP given then still applies.
a) Why is the DWP ignoring the fact that there was an appeal?
b) Are we required to tell them that there was an Appeal?
c) Do they have all the Appeal documentation or must we provide it to them again?
We understand that we must complete all the questions in the Award Review form. We intend to try to maintain the points awarded by the Tribunal and to make the case for additional points as well.
d) Are we expected in answering 'what has changed and when' to give a detailed account of the last 4 years which have been very complex since epilepsy is a fluctuating condition.?
e) Should we rather concentrate in answering 'what is happening now' on the deterioration in seizure control over the last 12 months.
We will re read the updated PIP guide and review section to help us. Many thanks
kysgillett
My sister who has drug refractory epilepsy was award both components of PIP at enhanced level by an Appeal Tribunal decision on 5/11/2019. The Tribunal gave her 17 points for Daily Living.
Prior to that the DWP had last written to her with a Mandatory Reconsideration Notice dated 15/1/2019 saying she did not qualify for Daily Living as she was only entitled to 6 points.
She has now received the Award Review form which states that DWP last looked at her claim on 15/1/2019 and this review is to see if the level of PIP given then still applies.
a) Why is the DWP ignoring the fact that there was an appeal?
b) Are we required to tell them that there was an Appeal?
c) Do they have all the Appeal documentation or must we provide it to them again?
We understand that we must complete all the questions in the Award Review form. We intend to try to maintain the points awarded by the Tribunal and to make the case for additional points as well.
d) Are we expected in answering 'what has changed and when' to give a detailed account of the last 4 years which have been very complex since epilepsy is a fluctuating condition.?
e) Should we rather concentrate in answering 'what is happening now' on the deterioration in seizure control over the last 12 months.
We will re read the updated PIP guide and review section to help us. Many thanks
kysgillett
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- Gary
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1 year 1 month ago #284107 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Award Review has confusing date references
Hi kysgillett
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The first place I would start, has your sisters condition deteriorated since the tribunal award?
Did you keep a copy of your previous claim, if you did you can use this as a template.
The way to complete a PIP review form is to treat it as a new claim. You need to go to page 129 on the PIP guide to find details on the review.
A pip 1043 form is another name for an AR1 short review form, it should still say AR1 at the bottom left of each page. Its best to treat all reviews as you would a new claim.
If nothing has changed since your sister's previous pip assessment, its best to explain in detail what has changed and what has stayed the same and how your sister is finding each task.
If your sister has an up to date review of her treatment, therapy and medication it could be helpful to include this also.
It is perfectly OK for you to type your answers and attach them as extra pages to the form, just make sure that each page has your sister's full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.
I would not split your answers across the form and attached pages, do one or the other for each activity (not question), splitting it risks the second part of your answer not being read.
Attach the pages to the back of the form using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.
If you feel you do not have enough time to complete this form you should be able to arrange an extension by calling the DWP and explain that you need a bit extra time.
I hope all goes smoothly for you, try and fill in the form over a few days and take plenty of breaks, from previous experience I know this can be very stressful attempting filling the form all in one go, use our guide to help you complete the form; benefitsandwork.co.uk/guides-for-claimants/pip
In regards to your questions a, b, and C, DWP are not ignoring your Appeal, on the decision letter it usually states how long the award is for, in most cases DWP will not contact the claimant when the award is nearing the end. Some claimants will be notified one year before the end date.
On the forum we often hear from members whose claim has suddenly come to an end.
Question d) If there has been any changes then explain what has changed, remember the person reading the form will not know your sister, use extra pages as required but make sure you number each page and put your sisters name and NI number on each page.
Question e) The form is about your sister now, what is useful evidence if you have a fluctuating condition is to keep a day diary for a week, I would also enclose a copy of your previous Tribunal award letter.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The first place I would start, has your sisters condition deteriorated since the tribunal award?
Did you keep a copy of your previous claim, if you did you can use this as a template.
The way to complete a PIP review form is to treat it as a new claim. You need to go to page 129 on the PIP guide to find details on the review.
A pip 1043 form is another name for an AR1 short review form, it should still say AR1 at the bottom left of each page. Its best to treat all reviews as you would a new claim.
If nothing has changed since your sister's previous pip assessment, its best to explain in detail what has changed and what has stayed the same and how your sister is finding each task.
If your sister has an up to date review of her treatment, therapy and medication it could be helpful to include this also.
It is perfectly OK for you to type your answers and attach them as extra pages to the form, just make sure that each page has your sister's full name and NIN at the top and that they are numbered, we recommend "page X of Y" so that it is easy to see if pages are missing. Make sure you clearly mark on the form where your answers are and on the relevant page that you are answering question X.
I would not split your answers across the form and attached pages, do one or the other for each activity (not question), splitting it risks the second part of your answer not being read.
Attach the pages to the back of the form using a staple or make a hole in the top left corner and use a treasury tag, string or ribbon to the form. The pages need to be easily detached so that they can be scanned by the DWP.
If you feel you do not have enough time to complete this form you should be able to arrange an extension by calling the DWP and explain that you need a bit extra time.
I hope all goes smoothly for you, try and fill in the form over a few days and take plenty of breaks, from previous experience I know this can be very stressful attempting filling the form all in one go, use our guide to help you complete the form; benefitsandwork.co.uk/guides-for-claimants/pip
In regards to your questions a, b, and C, DWP are not ignoring your Appeal, on the decision letter it usually states how long the award is for, in most cases DWP will not contact the claimant when the award is nearing the end. Some claimants will be notified one year before the end date.
On the forum we often hear from members whose claim has suddenly come to an end.
Question d) If there has been any changes then explain what has changed, remember the person reading the form will not know your sister, use extra pages as required but make sure you number each page and put your sisters name and NI number on each page.
Question e) The form is about your sister now, what is useful evidence if you have a fluctuating condition is to keep a day diary for a week, I would also enclose a copy of your previous Tribunal award letter.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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