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Deciding not to re-claim at Review - how is this viewed by DWP ?

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1 month 6 days ago #300224 by JJ
My q is about when / if a claimant decides they dont want to go through the PIP review process again (e.g. for reasons of anxiety, how the process makes them feel worse about themselves and due to rigid thinking - all reasons for the exisiting award!)

Is there any likleyhood that the decision by claimant not to renew, might be seen as a change of circumstance retrospectively ?
i.e. could DWP see this as a sudden lessening of need that should have been reported earlier (it isn't) ? Person I am supporting is worried that not returning Review form (so that claim ends), might be seen as a change in itself. Could this call into question the monies already received (and trigger overpayment request) ? I am trying to find information with which to help reassure them and their carer / appointee as claimant cant be pursuaded by their appointee to renew claim, and prefers not to go ahead without them being on board. Reality is no reduction of need (of anything, slightly worse /more) but claimant and appointee are highly anxious.

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1 month 6 days ago #300242 by BIS
Hi JJ

No, the DWP will not think there has been an overpayment because they decided not to renew. They will send a second letter, and if nothing happens, they will just close the case, and payments will cease.

I'm sorry to hear the claimant doesn't want to proceed. I know filling in the form is distressing, but if they have an official appointee, and a telephone assessment is required, the appointee should do it on behalf of the claimant and they shouldn't have to deal with the DWP at all. I know the assessor sometimes bully appointees and say they have to talk to the claimant - but they don't and I know a couple of members who have recently stood firm on this point and have saved their loved ones from having any contact with assessors.

BIS

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

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1 month 5 days ago #300260 by JJ
Hi Bis, thanks for your reply, which is helpful. I am now helping the appointee to go through the review form. Sticking with the theme of trying to reassure claimant about changes of circumstance reporting which is what they are most worried about triggering at review:

When claimant (appointee) is deciding how to describe any change in condition (since last review) on the current review form, do they have to explain any changes for needs they asked for last time, but did not get awarded for ? i.e. is there a need to explain if things have changed from what you stated last time, if you were not actually awarded any points for that area? For example, if DWP did not award you any points at last review for understanding written info, but you supplied answers and evidence for this last time, is it OK to choose to just tick 'NO' need for help in that same area, in upcoming review? DWP persistnetly never award against this need for this claimant so it seems pointless and with use of technology, this need for help might be viewed as having lessened. Is any improvement in condition irrelevant, if they did not award points for it last time anyway ?

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1 month 5 days ago #300263 by Wendy Woo
Hello,

I'm an appointee for my son and I really understand your concerns - we are both always very anxious about this ourselves. However, if you really need the help - and it sounds as if you do - you should try to press on and complete the review.

BIS is right - assessors do try to bully both claimants and appointees, but I have found over the years that representatives of the DWP themselves, especially those in more senior positions, often show more respect to appointees and recognise their role in the process.

Remember - an award of PIP is not just about the money, helpful though that is; it is an official recognition of the problems you face in your daily life and can be used as a sort of "passport" to other help and support, if necessary.

Good luck with whatever you decide.

Best wishes,

Wendy Woo
The following user(s) said Thank You: JJ, Kab

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