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PIP review
- Damien
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3 years 1 week ago #266745 by Damien
PIP review was created by Damien
Applied for PIP in September '15, initially awarded standard care but eventually ppealed to tribunal and was awarded enhanced rate care. DWP carried out a review in 2018 and removed the entitlement to mobility element, but reinstated in at MR stage and awarded for three years, meaning review due March 2021. They extended the entitlement until December 21 because of corona virus restrictions in Sept '20.
Review form was received and completed Jan '21, telephone assessment carried out and decision made by DWP to remove mobility entitlement in July. MR decision November resulted in no change, so I have submitted an appeal to tribunal and just received the bundle from DWP. The medical report bears almost no resemblance to how I remember the assessment happening, but by co-incidence, I also happened to undergo a separate telephone medical assessment for UC a few weeks before, which has been included in the bundle, is fully accurate and contradicts almost all of what the PIP assessment report suggests.
I have asked for a hearing in person and understand it will take some time for that to happen. Any idea/indication how long the wait is currently? Also, DWP have given the relevant date under appeal as July '21, when they made their decision to remove mobility entitlement and now January '21 when they sent me the form. Is the relevant date correct, or should it as I suspect be January '21 when they sent me the form to complete?
Review form was received and completed Jan '21, telephone assessment carried out and decision made by DWP to remove mobility entitlement in July. MR decision November resulted in no change, so I have submitted an appeal to tribunal and just received the bundle from DWP. The medical report bears almost no resemblance to how I remember the assessment happening, but by co-incidence, I also happened to undergo a separate telephone medical assessment for UC a few weeks before, which has been included in the bundle, is fully accurate and contradicts almost all of what the PIP assessment report suggests.
I have asked for a hearing in person and understand it will take some time for that to happen. Any idea/indication how long the wait is currently? Also, DWP have given the relevant date under appeal as July '21, when they made their decision to remove mobility entitlement and now January '21 when they sent me the form. Is the relevant date correct, or should it as I suspect be January '21 when they sent me the form to complete?
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- LL26
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3 years 1 week ago #266762 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP review
Hi Damien,
I'm sorry that you are having to battle against DWP. However, I am glad that you are appealing and hopefully will succeed at tribunal.
There is always a bit more of a delay at this time of year given the Christmas break. Prior to Christmas I had cases that were listed for hearing within about 3 months from start to finish. Other cases were taking several more months so it is a bit of a lottery as to how long it takes.
Make sure you use the time you have now to gather further evidence and prepare your case. If you haven't done so already obtain medical evidence from eg GP consultant or even physio etc. A friend or relative can also make a statement about your disabilities affect your ability to do PIP activities.
Additionally, you might wish to consider the PIP assessment report and make a critique of this. Yes of course contrast this with the UC one.Don't necessarily criticise everything and anything. Pick 3 or 4 of the major issues and use bullet points to explain these problems. Then you may want to write a few sentences about each descriptor and what points should have been awarded. You can briefly repeat here what was specifically wrong with what DWP said. You can also explain that you have been awarded PIP previously and UC.
DWP do have a duty to properly explain a change in an award which they do not appear to have done. The official term fir changing benefit in this way is called
a Supersession.
As for the decision date - this is always the actual date the decision maker makes his decision. That will be July. Presumably you were paid the previously decided rate including mobility rate up until the July decision. Hence your appeal if successful will allow a return to mobility payments from that date in July. If your PIP payments reduced or stopped prior to July a successful appeal should comprise backdating to when PIp payments changed.
However, for a new claim, if you ring up for a form on say 11th February 2021, but the decision isn't made until 30th June 2021 PIP will be awarded back to the date of claim ie 11th Feb.
Clearly DWP think that your condition has improved, albeit based on the flawed assessment report. Unless DWP think you should have been aware if this notional change in circs, then the effective date for the Supersession will be the same as the decision date ie July 2021. Make sure you check the effective date.
I hope this helps.
LL26
I'm sorry that you are having to battle against DWP. However, I am glad that you are appealing and hopefully will succeed at tribunal.
There is always a bit more of a delay at this time of year given the Christmas break. Prior to Christmas I had cases that were listed for hearing within about 3 months from start to finish. Other cases were taking several more months so it is a bit of a lottery as to how long it takes.
Make sure you use the time you have now to gather further evidence and prepare your case. If you haven't done so already obtain medical evidence from eg GP consultant or even physio etc. A friend or relative can also make a statement about your disabilities affect your ability to do PIP activities.
Additionally, you might wish to consider the PIP assessment report and make a critique of this. Yes of course contrast this with the UC one.Don't necessarily criticise everything and anything. Pick 3 or 4 of the major issues and use bullet points to explain these problems. Then you may want to write a few sentences about each descriptor and what points should have been awarded. You can briefly repeat here what was specifically wrong with what DWP said. You can also explain that you have been awarded PIP previously and UC.
DWP do have a duty to properly explain a change in an award which they do not appear to have done. The official term fir changing benefit in this way is called
a Supersession.
As for the decision date - this is always the actual date the decision maker makes his decision. That will be July. Presumably you were paid the previously decided rate including mobility rate up until the July decision. Hence your appeal if successful will allow a return to mobility payments from that date in July. If your PIP payments reduced or stopped prior to July a successful appeal should comprise backdating to when PIp payments changed.
However, for a new claim, if you ring up for a form on say 11th February 2021, but the decision isn't made until 30th June 2021 PIP will be awarded back to the date of claim ie 11th Feb.
Clearly DWP think that your condition has improved, albeit based on the flawed assessment report. Unless DWP think you should have been aware if this notional change in circs, then the effective date for the Supersession will be the same as the decision date ie July 2021. Make sure you check the effective date.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Damien
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3 years 5 days ago #267021 by Damien
Replied by Damien on topic PIP review
Hi LL26, thanks for your help and clarifications.
All appropriate medical and psychological evidence were submitted for the MR, so that has been done and I feel there are two points I can challenge very strongly with the PIP assessment report which are supported by the UC assessment report.
Yes, the response to appeal from DWP has mentioned the supersession (I did winder what that meant) and the mobility rate was paid up until the decision date in July.
I will get to work on my submission to the tribunal and come back if I get stuck, or have further questions.
Regards
Damien
All appropriate medical and psychological evidence were submitted for the MR, so that has been done and I feel there are two points I can challenge very strongly with the PIP assessment report which are supported by the UC assessment report.
Yes, the response to appeal from DWP has mentioned the supersession (I did winder what that meant) and the mobility rate was paid up until the decision date in July.
I will get to work on my submission to the tribunal and come back if I get stuck, or have further questions.
Regards
Damien
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- Damien
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3 years 1 day ago #267153 by Damien
Replied by Damien on topic PIP review
I an in the process of putting together my submission to the tribunal and note that in their response to my appeal, DWP allege to have called me twice on the date of their MR decision and there was no answer. I have checked my phone records and received no calls from any unknown or unrecognised number on that day, so it is not possible that they tried to call me. Is it worth flagging this and submitting my phone records to the tribunal?
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- BIS
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3 years 14 hours ago #267179 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP review
Hi Mojoe
It's up to you whether you want to flag it up. Is it actually useful to your case? It may be to show how inefficient they are and how they don't always tell the truth, but the panel are judging your medical condition and your eligibility for PIP. Only you can decide whether it is relevant or not.
BIS
It's up to you whether you want to flag it up. Is it actually useful to your case? It may be to show how inefficient they are and how they don't always tell the truth, but the panel are judging your medical condition and your eligibility for PIP. Only you can decide whether it is relevant or not.
BIS
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- denby
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3 years 10 hours ago #267185 by denby
Replied by denby on topic PIP review
Hi Mojoe, I'm not a Mod and I take BIS's query about usefulness. So personally, if it is easy for you to prove they lied, I would emphasize that. By showing evidence they lied about one aspect of your claim, you can try to infer they could have been willing to lie about more significant things ie your meeting the descriptors or not. Rather than just their inefficiency, which the Tribunal must be very bored with.
Best wishes and do let us know how it goes,
Denby
Best wishes and do let us know how it goes,
Denby
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