UPDATE : Appeal Granted by DWP

Hello
Thankfully you are still here and helping us, though sad its still necessary as am sure you all feel.
Have 2 queries. They both have a question about timing. First a BRIEF OUTLINE
Been on PIPS and previous DLA for over 12 years and always received standard rate for Daily Living with my Bipolar Disorder.
During the long awaited renewal that was nearly 2 years over due, I got telephone assessment. But was REDUCED from Enhanced physical Standard rate.
So I sent off a letter asking for Mandatory reconsideration, making one serious error. I do not know why but I said you do not have to review the physical element as I have allready got 8 points, assuming I was confused at the time or not thinking probably. When the letter came back from them it did not give me any more for daily living despite sending in extra documentation and photographs showing the effects of living with Bipolar Disorder 2. So standard rate for that.
PHYSICAL : The letter to me said, I have not reviewed section 2 as you asked me not to as you have scored 8 points. This is the one question where I always score 12 points. That was also without mentioning my obesity which has got worse due to Bipolar meds.
1/ I understand that I have missed the 1 month Deadline, I think this is around March 2023 but want to know if I can still appeal or whether I should send a letter asking them on the Mandatory Review could they please look at the question that I told them did not need reviewing and point out that I have been receiving this benefit for over 12 years and my condition is worse. Tell them that if I am put back to what I was on before and back dated, that I would accept that. Giving them a quick way of resolving the issue.
OR saying if not then I wish to go to FULL APPEAL. Not quite sure which is the best option but I would accept what I was on before and no one at the DWP has reviewed the question, think this is the getting around part, how far you can walk.

Your advice would be appreciated. I still think I should be getting enhanced for both, but would accept going back to before.
Is it true you can legally go to Tribunal as long as 13 months have not passed.

Thank You in Advance for help

Carl

Gary

Thank you so much for your help. Am thinking this time I will take to the full appeal as I think am been short changed anyway. Appreciate you been there to clarify so I do not waste my time.

Chris77

Hello
I followed advice and contacted PIPS requesting appeal following a Mandatory reconsideration been successful and followed your advice requesting an an appeal even though it was from February.. I received a letter from PIPS entitled
ABOUT YOUR REQUEST FOR A RECONSIDERATION saying they will look look again at the decision they made on 7th February 23. It listed a lot of things I could send in, but do not have these yet. It also confirmed by TX the same thing and this is likely to take up to 8 weeks. I saw a clinician at Surgery yesterday who said with Bipolar 2 and how bad you are you should be getting the enhanced rate for both Mental and Physical components and this is not the first time this has happened. In fact this is not the first time this has been confirned and feel the APPEAL is the best option for me now. So need GUIDANCE from you in planning the following so do not slip up. As the claim goes back 2 years nearly from the initial renewal, it involves a large amount of money if backdated if I get enhanced rate for Daily Living which I am certain I will get if explained to an appeal properly
QUESTIONS : 1/ Under the Data Protection act, Can I request and what do I ask for from PIPS all the documents that relate to my PIPS claim. How far can I go back. This is a renewal that took 18 months after expiry.
2/ I have a private physiotherapist and noticed that physio reports were one of things listed taken as proof.
Am on friendly terms been seeing them for 25 years. As they reduced my Physical from Enhanced to Standard after 15 years this could help with appeal. Am I allowed to do a subject access request to the physio Data Protection act and is this the write wording.
3/ As PIPS used a brief meeting at the Crisis centre and picked out what was recorded on paper, then picked out what suited them to say I could handle my money despite buying a £43,000 car on credit which I had no hope of paying back and then PIPS put in writing that you had calculated what you could afford. WELL THE CARS gone back. Can I issue a Data Protection request to the crisis centre ? ALSO PIPS ONLY GAVE ME 2 POINTS for MAKING BUDGETING DECISIONS. As I was Manic when bought a £43,000 car at £600 a month and a £22,000 final payment
They said you decided you could afford it before you bought it and and NO ONE ELSE IS MANAGING your money for you. Whilst you cannot speculate on an individual case. Does 2 points sound right considering the above. Also is it true because no one else is managing my money for me that I would not score higher than 2 points. Since buying the car, I have been overdrawn nearly every month for over 1 year and had to ask for money from family, proof available in bank statements.
4/ Want to clarify 2 points PIPS said in response to daily living if these are wrong what they have said feel my points already 8 would go to 12 or above to enhanced.
A/ They said in writing that you say you struggle to take medication and family members ring you up to check on if I have taken meds from pillbox that I use. PIPS said in writing THE PERSON HAS TO BE PRESENT WITH YOU and awarded me 0 points even though I use a 7 day pill box too. Is this statement factual what they said. Mixin
B/ Mixing with other people. I basically live as a recluse. I do not have ANYONE in flat. There is 1 easy chair in lounge for me. I find it difficult to mix with other people, something they said in writing they do not argue this point and agree with me yet they only awarded me 2 points.
Washing and Bathing 2 points Preparing food 2 points TOTAL 8 points.............. Think I will get more than 12 at appeal but clarifying the point scoring of items I asked about ABOVE would GREATLY HELP ME in assessing this.
MOBILITY
I have received Enhanced Mobility for around 10 years. They have in this review only awarded me 8 points for moving around. So they WERE WRONG 10 years ago in making the award in 1st place or there wrong now.
To support this, I have Asthma, Enlarged Heart, Breathing Problems and an Obese weighing 19st am 5 feet 7"
PLANNING AND FOLLOWING A JOURNEY
I know this is controversial But this is 0 and I can only travel to places I have been before so again Crazy.

SORRY SO MANY QUESTIONS, I am asking OPINIONS and some clarifications on my own case so I can make an informed decision if I get offered my enhanced mobility back before appeal. Knowing how I live and will consider other experts clinicians say. The Doctors are getting me some case worker and more mental health assistance after seeing me yesterday. SURE IF I CAN GET SOME OPINIONS from yourselves. I can use this to PREPARE what to do in the case of me been awarded my ENHANCED money back which has only been lower since about April.

Think there is a lot more information I could get for an appeal on mobility.
Also I think because I have never appealed that there getting away with paying me a much lower amount than I should be getting and they Know Bipolar 2 affects people more.

THANK YOU FOR YOUR PATIENCE sorry this is so Long, but hope its easy to read.

Hi
I have received notice that I can appeal my PIPS claim.
Because I am the best person to explain how I am affected I am dealing with paperwork for now.
1/ I have made an assumption that the first part of the appeal has to be done in writing and posted to to the Appeals address. CAN YOU CONFIRM if this is Correct or not.
2/ It appears that it could take 3 to 8 months to get to an actual appeal. I have a lot of evidence and in fact have had the higher rate of mobility for along time now cut down been cut to standard. in a review. I now have reports from a physiotherapist which were not submitted during the claim which will help. I am confident that the appeal will be successful but will prepare carefully. COULD YOU PLEASE TELL ME whether having a written or video or in person review is likely to be more successful. Having Bipolar and travelling is likely to be more anxiety. I would be be VERY HAPPY to to a video call so they can see me. ALSO WHICH HAS THE HIGHEST SUCCESS rate and does any one NUDGE the DWP along to maybe look at it again ?

Could you please send me a link to how I download the appeals forms from this website please

THANK YOU

Chris