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PIP AWARD CANCELLED WITHOUT NOTICE.

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5 years 11 months ago #210496 by Paul H.
PIP AWARD CANCELLED WITHOUT NOTICE. was created by Paul H.
Hi,looking some advice about my PIP claim,award and appeal position.
Last year I was awarded PIP.
6 POINTS FOR DAILY LIVING,not enough for an award.
12 POINTS FOR MOBILITY(Planning a journey)Enhanced rate.
I asked for a Man Reconsideration.After review I again was awarded the same points.
I filed an appeal with The Appeal Service and sent as much evidence as I had.

Last week I received a pack from the Appeals Service,containing all evidence from all parties involved with the appeal.Looking through the pack I found information unknown to me.
The Appeal Service had written to the Department(PIP)and asked for a response(DL6A).
The response was a 3rd review of the case,which then changed to 4 points for daily living and zero for mobility,cancelling my previous award with a new award.The very last page of evidence was a letter from PIP addressed to me stating the outcome of the review and cancelling the award.At no time did I receive any letters from PIP about this award change and only found out when looking through the evidence pack.
1.Does PIP department have the right to do this during appeal process?
2.Do I have the right to ask for a Man Reconsideration for this 3rd review decision?
3.Can I appeal this decision to the appeal service.

The appeal from the first award is still continuing.I believed that the Appeals Tribunal could only cancel the first award.
4.When I go to the Appeal Tribunal am I appealing the 1st Award or the 3 review decision.
5.Do I have to make an appeal to the Appeal Service regarding the 3rd review.
Surely the appeal tribunal will ask how an award was issued and man reconsideration award PIP and then changed their minds.

Thanks in advance on your answers.

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5 years 11 months ago #210532 by Gordon
Replied by Gordon on topic PIP AWARD CANCELLED WITHOUT NOTICE.
Paul

whilst you should not normally directly contact the DWP about matters relating to your appeal I do so in this case, you need to find out what is going on as the letter implies that your current award has been removed and you should not be receiving any PIP payments.

I can't really answer your other questions until you understand what is going on.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Paul H.

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5 years 11 months ago #210898 by Paul H.
Replied by Paul H. on topic PIP AWARD CANCELLED WITHOUT NOTICE.
Hi,I now have been updated.
My award has been removed.The response from the PIP Department was a review(PA6).
The new review changed the award.The three main items different on the award notice are,
1.walks his dog 3/4 times a week,
2.Can use public transport on his own.
3.Visits his girlfriend 3/4 times per week.
Here is the confusing part.This is all not correct,and why then did PIP make the first award and not use this information.

I viewed the Health Accessors report.It does say on it walks his dog 3/4 times per week.Quite clearly I told the health accessor I had no pets,and clearly also on the report the accessor also has included has NO PETS.Strange.

On the report it says visits his girlfriend 3/4 times per week.My girlfriend has lived with me and my son for a number of years,but also clearly written on the report the health accessor has written lives with his son and his girlfriend.Strange.

I clearly told the accessor I do not use public transport as I was getting off at the wrong stops,wandering and getting lost.I could not find this information on the report.
So my award was taken away because I said I did'nt need supervision,and could plan a journey alone.My seizures where not frequent,but on the accessors report its states has daily seizure problems.

Question.
Can my award be taken away during the appeal process?
Can the PIP Department change the accessors report after it goes to appeal,or add to it.

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5 years 11 months ago #210943 by Gordon
Replied by Gordon on topic PIP AWARD CANCELLED WITHOUT NOTICE.
Paul

I'm afraid the DWP are entitled to supersede an award if they have evidence to support their new Decision.

So you for your appeal you need to go back to basics and show that you should score for all of the activities that you believe you should not just the extra ones that you might have originally done.

Gordon

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

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