Change of circumstances after PiP Tribunal

Hi lauren,
It doesn't matter what symptoms you have, it is the loss of function in respect of PIP activities that is crucial. So for example a sore leg could mean you could walk 200m, or it might reduce to 100 or even 20m, same problem, but differing points each time!
First of all think about whether you will achieve a higher amount of benefit. If you already get eg 2 points for help with lower half clothing - so before you needed help with socks and shoes, but now need help with trousers and underwear, yes you are more disabled, need more help, and maybe the pain and/or mobility is worse, but you won't get any more points. However, supposing you now need help with upper half clothing as well. This is 4 points 6e. But even if DWP accept this, you will only gain an extra 2 points. (DWP have to award the highest score from each descriptor section - so the 2 you already had from 6d gets taken away and is replaced by 4 for 6d - it is only an additional 2 points. That might well be enough if you already have 10 points, but if you don't and there are no more 'extra' points you can't possibly achieve enhanced rate so there is no point trying.
Similarly even though walking might be slower, more painful etc - your walking ability may be less but still may not be worse enough to fall within a higher points value.

So...even if you genuinely can score enough more points to allow an enhanced award, if you can manage without the money, then think hard before asking for a change of circumstances review. This might lead to DWP awarding less points than before and you might lose what you have. (This may not happen, but it has to be factored in as a possibility.) Or, DWP just award the current award, and you might have to appeal again which is additional hassle, especially since you have recently been to the tribunal.
On the other hand, if you have a good case and strong evidence you could consider asking for the review, and enhanced rate could be awarded.
Unless DWP revise the decision, ie reduce the award, the tribunal award should continue to be paid. If DWP did reduce the current award then you could appeal this - and DWP would have to provide good reasons - they would have to show that your condition had actually improved hence the reduction in points/benefit. Whilst I suspect this would be difficult for them, that doesn't mean that that it couldn't happen.
Just think carefully about the next steps.

I hope this helps.

LL26

Hi Lauren

No payments will be backdated unless you put in for a change of circumstances - and then they would be backdated if you were given a higher award back to the date you informed them of the change. If you put in for a change of circumstances - they will review you again.

BIS