No automatic renewal as award made via appeal tribunal !!!!

I am in shock and beyond angry today.

My PIP award is due to expire in November 2022 (in 8 weeks time). I have been waiting for renewal forms or some type of communication from DWP to drop through my letter box for a while but have received nothing.

I applied for PIP in November 2019, was turned down initially, went through the mandatory reconsideration process, tribunal appeal process, then was awarded PIP for three years by the tribunal in Nov 2020 (but backdated to Nov 2019 the date of my initial claim).

I have been trying to get through on the enquiry line for several weeks, holding for upto one hour at a time before the line simply cuts off. I eventually got through last week to be told :

AS YOUR AWARD WAS GIVEN VIA THE APPEAL PROCESS YOU WILL NEED TO CONTACT THE NEW CLAIM LINE AND START A NEW CLAIM FROM THE BEGINNING.

I was completely unaware of this little publicised fact so others in my position MUST be made aware asap. Please spread the word.

I was told to phone the new claims line which I immediately did the same day and the call was answered within 20 mins (amazing). The call handler told me that my award was in two parts : Daily living (Higher rate) and mobility (Standard rate). According to him there is an end date on his system on the daily living but not on the mobility part (this is clearly an error at their end as my award letter from the courts clearly state the same end date for both components of 14th November 2022). I am told this is why a renewal pack was not sent out automatically. as this is automated and the computer would not have recognised the discrepancy between the dates. Furthermore they (the new claim line) were physically UNABLE to send me a new claim form out to me as I currently have a 'current award' and their system will not enable them to issue one. (a "Computer says NO" moment.). Initially they said I would have to call the enquiry line again however understanding the difficulty trying to get through to someone on the enquiry line at the moment, in a moment of helpfulness they said that instead they would forward my details to a 'manager' on the enquiry line who would contact me urgently within 48 hours. No-one did of course.

So back this week to trying to contact someone on the dreaded enquiry line. I got through yesterday after a long wait again and the call handler was very abrupt, did not want to listen to me, and instead said that HE would send out a new claim form. He would not tell me how long it would take to receive it because of 'postal strikes in my area'. He told me that the letter sent to me 6 days after my appeal clearly states I would have to submit a new claim at least 14 weeks before my award end date. He did admit it was only two lines of text in a several page letter. I told him I HAVE NEVER RECEIVED THIS LETTER ! He offered to put a copy of this letter in the post to me which amazingly I have received today (the following day). The letter does NOT clearly state I would have to reapply, instead it states "you will be sent a letter around 14 weeks before your award ends, This letter will explain how to claim again if you want to". Guess what .... this original letter was never sent to me either (as they confirmed in my initial phone call they (new claim line) confirmed the last letter sent me was in March 2022 explaining the new PIP rates from April).

What this enquiry line call handler did confirm (when i pushed for clarification) was that that my claim will stop dead on 14th November and I will receive no payments after this date as the award is not able to be 'renewed' as because it was awarded through the appeals process the courts made it for a specified fixed 3 year term and it would be illegal to make any payments to me after this date ! He also said the new claim line was run by a different company so their information regarding my claim may be different to their information held and his system clearly showed an end date for both components.

So in summery (after what is now, I apologise, now a lengthy post):

The original decision to deny me PIP was overturned by the tribunal courts as in their opinion I should have been awarded PIP based on my original claim - Lets call this what it is - the DWP decision maker, and the mandatory reconsideration decision maker both made a mistake in denying me PIP. Mistake No1.

The new claims line last week told me they could not send out a new claim form, it now transpires, because of an error of not inputting my correct award end date for mobility at their end. Mistake No2.

The letter from the DWP 6 days after my tribunal date regarding the overturning of the decision on my appeal was never received by me - but the copy (received today) does state they would write to me again around 14 weeks before the end of my award - The DWP never sent me this 14 week letter, a further mistake. Mistake No3.

A 'Manager' did not call me back within 48 hours last week despite being assured they would. Mistake No4.

The enquiry line call handler mis-informed me yesterday that it was clear in the letter dated 6 days after my tribunal that I would need to make a new claim near the end of my award period - that is NOT what the letter he was referring to states - another error. Mistake No5.

I am now facing a delay while my mighty claim form arrives in the post which i have been advised by Citizens Advice can take weeks. This was my first claim for PIP ad I was assuming (stupidly) towards the end of my first award period I would be sent the shorter renewal form but no - It needs to be the full length NEW claim form. We are all painfully aware that the current delays on processing new claims are nearing 6 months which is why they have recently brought in the new 12 month extensions to renewable claims to ease the burden upon themselves and ensure continuity for claimants.

I think I have fallen between the cracks because of multiple DWP errors - this during a cost of living crisis affecting all but particularly affecting those reliant on disability benefits which I will no longer receive through no fault of my own except not understanding the little known / advertised fact that AWARD MADE BY APPEAL CANNOT BE RENEWED.

I hope my post alerts others to this little known fact and they as claimants can avoid this painful penalty for not understanding the DWP's own hidden 'rules or processes'. As more people are successful with their claims at appeal - more people will fall through the DWP cracks like me.

I would like to question the statement that was given to make a new claim, if your case was decided by a tribunal. Unless this is another new ruling to try and delay things. My wife had her renewal earlier this and that had a renewal and the original was awarded by a tribunal. It is true that DWP cannot alter a decision made by a tribunal, a fact that they are using to avoid paying claimants the extra mobility payments for needing someone with them due to psychological distress, if the decision was made by a tribunal. However, the only reason why a claim would need a new claim would be if the award was made for a fixed period. This is usually only for cases where a significant improvement could be expected. A good example would be if you were suffering issues due to needing a hip replacement and you were on a waiting list for a hip replacement. It would be reasonable to award for a fixed period as improvement could be expected following the operation. If you are going to complain I would advise that you complain via your local MPs office. If a new claim is needed there is a possibility that you could make the claim online. Good luck

Hi RunningonMT, you have set out the timeline amazingly clearly. Worth at least sending an exact copy to your MP. Whatever shade they are, it's important they know about maladministration. No harm in asking if they can arrange for your current award to be extended pending the 'new' claim. Not likely to get a positive outcome, but as my dad used to say, if you don't ask you certainly won't get!
best ,
Denby

Thank you for responding - I did think about contacting my MP but he has just been elevated to a senior position in the Cabinet with Liz Truss and suspect he will be far to busy now to want to deal with my issues ! I did ask if I could pick up a claim form from the CAB for example to speed it up - I was told no, but was not told about the facility to claim online - how do i go about this please ?