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They have taken my original award away from me....

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5 years 9 months ago #214374 by samhem
Hello,

Please could I get some advice?

I was awarded PIP from 28 December 2016 for an 'Ongoing Period'. It also said on the letter that they would contact me after 15 May 2018 so see if my needs had changed and to look at the amount I get.

They sent me a review form in May 2018. I filled it in and sent it back by 15 June 2018. They sent me a letter back saying I had to go to a face to face assessment. I rung them and asked, why? They said that because I had put two new conditions on my review form, the rules are I have to go to face to face assessment. I said but I have not put any new conditions, everything is the same, no change. She said she would have a look.... She had a look and admitted it was an error on their part, that indeed I had not put any new conditions on my form. She said she would get my file back from the assessment centre and they would be in touch by letter with their decision about my review form. She told me not to worry about the assessment appointment and to have a good weekend. (It was last Friday afternoon)

Meanwhile I had arranged, at the beginning of June an early termination on my motability car as the seat was causing me more pain. I spent all of June looking for a car. Last Saturday afternoon I tried to order one. They could not process my order as the DWP had put a block on it, because it said I was being reassessed for my PIP.

Monday, I rung them and asked about this? She asked if she could have 10 minutes to look at everything, and ring me back.

She rang me back after 10 minutes and said it had all been their error, that she had made the decision to award me my same rate of PIP for 5 years from that date. I said but my original award was for and 'ongoing period' so why are you changing that to only 5 years now? She said that the decision maker at the time (December 2016) had made an error. She would not explain what error had been made. She said, "Look, I've helped you today and awarded you 5 years and thats it!"

What I want to know is... is she within her rights to overthrow the original decision makers decision? That original decision maker took at least 6 weeks to make her decision, looking at all the evidence available to her. The woman on the phone on Monday took 10 minutes to make her new decision. Are they right to take my original award away from me? If they are not right in doing this, what do I need to do?

Any advice appreciated, thank you.

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5 years 9 months ago #214379 by Gordon
S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



I'm afraid each new PIP Decision supersedes any previous ones, so yes they are allowed to set the new award for five years.

There was clearly something wrong with the original award, I suspect that the Decision Letter was wrong as an On-Going award would not also have stated that it would be reviewed after only two years.

Congratulations on the new award and for fighting your way through the assessment process.

Gordon

tags: @RESULT @PIP

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

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5 years 9 months ago #214443 by samhem
Thank you Gordon for your reply.

I have changed my name ... I didn't know my full name was appearing, thanks for that.

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