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PIP- do we have any options here?
- chk180182
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2 weeks 6 days ago #316011 by chk180182
PIP- do we have any options here? was created by chk180182
My friend asked me to find this out for her:
She was awarded higher rates for care and mobility whilst on DLA, briefly she wears an ileostomy and is peg fed.
When she was transitioned to PIP, they refused to award her mobility, only the higher rate for care. She did an MR and was refused again. She left it at that as didn't want to go through tribunal.
Her award was recently extended until August 2028. It is longer than 13 months since her MR, so she can't take that to tribunal anymore. Does she have any other options to get them to look at her mobility needs again?
She suffers from very frequent blowouts and needs quick access to shower facilities so she can change her stoma bag and freshen up. Walking is difficult for her because her abdominal muscles are weak from repeated surgeries.
Can anyone advise if she has any options and what they are?
Many thanks in advance!
She was awarded higher rates for care and mobility whilst on DLA, briefly she wears an ileostomy and is peg fed.
When she was transitioned to PIP, they refused to award her mobility, only the higher rate for care. She did an MR and was refused again. She left it at that as didn't want to go through tribunal.
Her award was recently extended until August 2028. It is longer than 13 months since her MR, so she can't take that to tribunal anymore. Does she have any other options to get them to look at her mobility needs again?
She suffers from very frequent blowouts and needs quick access to shower facilities so she can change her stoma bag and freshen up. Walking is difficult for her because her abdominal muscles are weak from repeated surgeries.
Can anyone advise if she has any options and what they are?
Many thanks in advance!
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- BIS
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2 weeks 6 days ago #316013 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP- do we have any options here?
Hi chk180182
Your friend could submit a change-of-circumstances request and say her mobility has worsened. She could ask them to look at her mobility only. This will trigger a review.
BIS
Your friend could submit a change-of-circumstances request and say her mobility has worsened. She could ask them to look at her mobility only. This will trigger a review.
BIS
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- chk180182
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2 weeks 2 days ago #316038 by chk180182
Replied by chk180182 on topic PIP- do we have any options here?
If she asks them to look at mobility only, does that mean her care is protected?
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2 weeks 1 day ago #316042 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP- do we have any options here?
Hi chk180182
She can ask them to look at mobility only, but it is the DWP's decision whether to adhere to it. Mostly they do, but it is not 100% guaranteed, as they have the right to look at any part of a claimant's award at any time.
BIS
She can ask them to look at mobility only, but it is the DWP's decision whether to adhere to it. Mostly they do, but it is not 100% guaranteed, as they have the right to look at any part of a claimant's award at any time.
BIS
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1 week 6 days ago #316055 by chk180182
Replied by chk180182 on topic PIP- do we have any options here?
Thank you so much.
What about the fact that her mobility needs haven't worsened since her application, it's just that she feels they didn't take her mobility needs into account?
What about the fact that her mobility needs haven't worsened since her application, it's just that she feels they didn't take her mobility needs into account?
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- BIS
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1 week 2 days ago #316071 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP- do we have any options here?
Hi chk180182
There are only three ways to get them to look at a current award - change of circumstances, mandatory reconsideration and an appeal.
MR is not open to her, because she lost.
An Appeal - she missed the 13 month deadline.
Change of circumstances - is it really a change of circumstances? Perhaps not if her condition has not changed.
Your heading was 'do we have any options?' If she doesn't think that change of circumstances is appropriate, then no, she doesn't have any options and will have to wait until she is next reviewed. As she lost her MR, that's two occasions when they haven't understood or disagreed about the level of support she needs. (First assessment and then MR).
It's important that she tries to figure out what happened. She may have been unlucky and had an unsympathetic assessor, but claimants also need to be open to the fact that they may not have given a good enough explanation or had sufficient evidence to satisfy the DWP. So she needs to look back and see if there is anything in the PA4 report or the MR that can answer that. It can be hard to take on board, and I have no idea whether your friend falls into that category. But if she understands why she didn't win (even if she doesn't agree with them), then she improves her chances of getting a different decision next time she's reviewed.
BIS
There are only three ways to get them to look at a current award - change of circumstances, mandatory reconsideration and an appeal.
MR is not open to her, because she lost.
An Appeal - she missed the 13 month deadline.
Change of circumstances - is it really a change of circumstances? Perhaps not if her condition has not changed.
Your heading was 'do we have any options?' If she doesn't think that change of circumstances is appropriate, then no, she doesn't have any options and will have to wait until she is next reviewed. As she lost her MR, that's two occasions when they haven't understood or disagreed about the level of support she needs. (First assessment and then MR).
It's important that she tries to figure out what happened. She may have been unlucky and had an unsympathetic assessor, but claimants also need to be open to the fact that they may not have given a good enough explanation or had sufficient evidence to satisfy the DWP. So she needs to look back and see if there is anything in the PA4 report or the MR that can answer that. It can be hard to take on board, and I have no idea whether your friend falls into that category. But if she understands why she didn't win (even if she doesn't agree with them), then she improves her chances of getting a different decision next time she's reviewed.
BIS
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