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Pip review form and tribunal award

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6 years 10 months ago #189782 by triciatext
Pip review form and tribunal award was created by triciatext
Hi, my daughter was awarded her Pip after an appeal to the tribunal. The process took a year during which time her DLA expired. Now she has recieved a Pip review form even though the tribunal awarded her Pip until next year. My question is can the DWP review her so early when she still has another year to run?

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6 years 10 months ago #189783 by Gordon
Replied by Gordon on topic Pip review form and tribunal award

scarymary wrote: Hi, my daughter was awarded her Pip after an appeal to the tribunal. The process took a year during which time her DLA expired. Now she has recieved a Pip review form even though the tribunal awarded her Pip until next year. My question is can the DWP review her so early when she still has another year to run?


I'm afraid it is standard for the DWP to reassess claimants a year in advance of their current award ending.

Has she received a PIP2 or the AR1 Review form?

The PIP Claim guide explains how to complete both forms.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

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

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6 years 9 months ago #189796 by triciatext
Replied by triciatext on topic Pip review form and tribunal award
its the review form. Her tribunal award was only 18 months ago. She has ASD and nothing much has changed apart from her leaving school and going to college. Do i need to give this information on the PIP form?

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6 years 9 months ago #189813 by Gordon
Replied by Gordon on topic Pip review form and tribunal award

scarymary wrote: its the review form. Her tribunal award was only 18 months ago. She has ASD and nothing much has changed apart from her leaving school and going to college. Do i need to give this information on the PIP form?


I'm surprised that it is an AR1, one thing that you will need to bear in mind when completing the form is that those assessing you will have no understanding of the reasons that the Tribunal made the award, so you must bridge the gap between the Decision that was appealed and the award that was eventually made, or you risk having to appeal again.

Gordon

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

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6 years 9 months ago #189822 by triciatext
Replied by triciatext on topic Pip review form and tribunal award
Thanks for this advice Gordon. The main difference between the DWP assessment and the Tribunal was the mobility element and i have made reference to this on the review form and provided the evidence i submitted to the Tribunal. I asked the Tribunal to follow Judge Agnew decision. In addition i included the Parliamentary report which you posted in your news section which confirms the DWP position in relation to Planning and following a route - i.e that someone with Autism can be eligible for higher rate Mobility. Do you think this is this sufficient? To be honest i am expecting to have to go to appeal again.

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6 years 9 months ago - 6 years 9 months ago #189827 by Gordon
Replied by Gordon on topic Pip review form and tribunal award
Mary

Two things you need to consider;

As this will be a new Decision then the changes to the Going Out Activity apply, so the arguments used at the appeal probably won't still apply.

Secondly, Descriptor (f) is about whether the claimant can navigate a route so the reasons that they cannot reliably complete this activity must be related to issues with navigation.

The PIP Claim guide explains this in more detail.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 9 months ago by Gordon.

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