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Declined for PIP in 2018 with recommendation for review in 2 years

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2 years 11 months ago #268476 by Shaisum
Hi
I was declined for PIP in 04/2018. The response said my mental health impairments could lead to a deterioration in my functional ability over time, therefore a review in 2 years to reassess my functional abilty is recommended. It is now 2022 and I haven’t heard anything from the DWP since 04/2018. How do I chase up the review?

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2 years 11 months ago #268479 by Katherine
Hi Shaisum ,
IT has been 4 years have you filled in any review paper work or been in touch with the DWP during this time ? you could give the DWP a ring and ask if they have any information about your previous claim and ask whats the best thing you can do and how could you proceed with this claim and go forward from there.
I hope you get the information you need
best wishes
katherine

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2 years 11 months ago #268483 by Shaisum
Hi

Thanks for your reply. I thought they would automatically review it but I haven’t heard anything. Do I have to contact them?

Also, the mental health changes where they said they would review decisions on people declined for mental health, I have never been contacted about that either. Do I contact them?
Thanks

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2 years 11 months ago #268487 by LL26
Hi Shaisum,
Unfortunately I think you may have misunderstood what DWP said. A PIP award requires a claim to be made, it doesn't happen automatically. Your initial claim was refused, and you should have then appealed, initially via a Mandatory Reconsideration letter. (Thats just a formal name for asking DWP to look again at the initial decision.) and thereafter if the MR fails you can ask for a tribunal to look at the case and have a hearing so you can explain why DWP got things wrong.
A late appeal can be entered 13 months after the original decision, so unfortunately you have missed the deadline for this.
If you feel misled by DWP you might be able to seek compensation, but I feel this might be very difficult to prove. The decision letters tend to be template letters so you would have to show why it was so difficult for you to understand. However it may be that your letter was different to many others and genuinely did give the impression that you were not allowed to gain PIP until after 2 years. If you wish to pursue a complaint then you should speak to a specialist benefits advisor who can advise thoroughly.
However, I feel the most important thing you can do now is to put in a new claim. Do this now, and at least you will be able to gain back dated PIP from now, if your claim is successful. You can have a look at the members guides to help you with your claim, if you haven't already done so.
Remember to send in medical evidence or at least a statement from a carer or relative who can explain your limitations. If you are not successful then you can instigate an appeal as described above.
I'm sorry that this advice may not bring positive news.
However good luck with your future claim.
LL26

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