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P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
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1 year 9 months ago #278385 by adam
P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE) was created by adam
Hi hope your all well?
I was just wondering about the change in law in 2019 mixing with other people. I have only just found out about this change in law.
I have just had my P.i.p finally sorted to high care and high mobility for 5 years. it was awarded as my mental health support worker done the assessment on the phone i wasn't present.
I was just wondering as they back dated money from 2021 is it worth sending a letter as MR asking to why my claim wasn't looked at properly in 2019 because i missed out on 1 point to get the higher rate care.
my care was the same in 2019 than it is now but my mobility needs have changed so am happy i finally got what i am entitled to by law now but is it worth asking in MR why my claim wasn't looked at properly in 2019.
If its not a good idea to send letter asking in MR,how else would i go around to asking them why my claim wasn't looked at properly?
Any advise would be greatly appreciated.
Many thanks Adam
I was just wondering about the change in law in 2019 mixing with other people. I have only just found out about this change in law.
I have just had my P.i.p finally sorted to high care and high mobility for 5 years. it was awarded as my mental health support worker done the assessment on the phone i wasn't present.
I was just wondering as they back dated money from 2021 is it worth sending a letter as MR asking to why my claim wasn't looked at properly in 2019 because i missed out on 1 point to get the higher rate care.
my care was the same in 2019 than it is now but my mobility needs have changed so am happy i finally got what i am entitled to by law now but is it worth asking in MR why my claim wasn't looked at properly in 2019.
If its not a good idea to send letter asking in MR,how else would i go around to asking them why my claim wasn't looked at properly?
Any advise would be greatly appreciated.
Many thanks Adam
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1 year 9 months ago #278406 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
Hi Adam
You can't put in for an MR and ask them to look at your claim in 2019. It is a completely separate issue.
You can write a letter or ring and ask them if your case has been reviewed in light of the 2019 judgement. Some were reviewed, and yet not all were informed. You can ask them if they will review it. I wouldn't start off a letter or call accusing them of not looking at your claim properly before you know whether it has been.
BIS
You can't put in for an MR and ask them to look at your claim in 2019. It is a completely separate issue.
You can write a letter or ring and ask them if your case has been reviewed in light of the 2019 judgement. Some were reviewed, and yet not all were informed. You can ask them if they will review it. I wouldn't start off a letter or call accusing them of not looking at your claim properly before you know whether it has been.
BIS
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1 year 9 months ago #278427 by adam
Replied by adam on topic P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
Hi Bis,
Thank you so much for your reply its really appreciated.
I do not think I made my self clear am sorry about that,.
My review had come up but been put to the back burner because of COVID. I was meant to have my review back in July 2021 but it was only sorted out march 1st 2023.
They spoke to my support worker (mental health) for assessment she told them that my conditions had worsened in February 2019 and the help i needed had changed as i needed more support with everything, but they only backdated it to July 2021 when my review was due.
So i think they have under paid me as my needs had changed in 2019. my support worker in on holiday atm so am trying my best to try things till she gets back and i only have till the 1st April to send MR.
So even though we agree the awards are correct is it worth asking to why it wasn't backdated to when my conditions got worse in 2019?
Also what i meant about the change in law was if it was worth mentioning in the MR as I only found out about the law changes and it 100% affects my claim to give me the high rate care and low mobility or would you suggest to write a different letter about the law changes.
my support worker and i went threw my pip letters and i was sent a letter back in October 2019 saying they had looked at the change in law but mine wasn't affected but it should have been with the medical evidence and my support worker and i am 100% sure if it went to tribunal a judge would award me the extra points because of the medical evidence.
At the time the letter was sent out in October 2019 i was then waiting for another support worker to be allocated to me as my old one was on leave because of illness so i didn't know to fight the decision at the time.
Hope i made things a bit more clear this time. Thank you Bis your time is really appreciated.
Thanks Adam
Thank you so much for your reply its really appreciated.
I do not think I made my self clear am sorry about that,.
My review had come up but been put to the back burner because of COVID. I was meant to have my review back in July 2021 but it was only sorted out march 1st 2023.
They spoke to my support worker (mental health) for assessment she told them that my conditions had worsened in February 2019 and the help i needed had changed as i needed more support with everything, but they only backdated it to July 2021 when my review was due.
So i think they have under paid me as my needs had changed in 2019. my support worker in on holiday atm so am trying my best to try things till she gets back and i only have till the 1st April to send MR.
So even though we agree the awards are correct is it worth asking to why it wasn't backdated to when my conditions got worse in 2019?
Also what i meant about the change in law was if it was worth mentioning in the MR as I only found out about the law changes and it 100% affects my claim to give me the high rate care and low mobility or would you suggest to write a different letter about the law changes.
my support worker and i went threw my pip letters and i was sent a letter back in October 2019 saying they had looked at the change in law but mine wasn't affected but it should have been with the medical evidence and my support worker and i am 100% sure if it went to tribunal a judge would award me the extra points because of the medical evidence.
At the time the letter was sent out in October 2019 i was then waiting for another support worker to be allocated to me as my old one was on leave because of illness so i didn't know to fight the decision at the time.
Hope i made things a bit more clear this time. Thank you Bis your time is really appreciated.
Thanks Adam
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1 year 9 months ago #278440 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
Hi Adam
I understand that your review was postponed from July 2021 - which is why, although the review has only been just been sorted in March 2021 - that it has been backdated to that date.
As part of your assessment, you said that the support worker told them that your condition had deteriorated in 2019. Unfortunately, if that was the case, someone should have informed the DWP at the time, which was two years before your postponed review. Unless you have a record of someone contacting the DWP and informing them of a change of circumstances in 2019 then, you don't have a case to say your current award should be backdated to 2019.
You can't mention the change in the law in 2019 - as it is a separate issue and has nothing to do with your current review. You can ask them to look at it again, but because you didn't put in for an MR at the time, they may be unwilling to look at it again. There's nothing to stop you from giving it a go.
BIS
I understand that your review was postponed from July 2021 - which is why, although the review has only been just been sorted in March 2021 - that it has been backdated to that date.
As part of your assessment, you said that the support worker told them that your condition had deteriorated in 2019. Unfortunately, if that was the case, someone should have informed the DWP at the time, which was two years before your postponed review. Unless you have a record of someone contacting the DWP and informing them of a change of circumstances in 2019 then, you don't have a case to say your current award should be backdated to 2019.
You can't mention the change in the law in 2019 - as it is a separate issue and has nothing to do with your current review. You can ask them to look at it again, but because you didn't put in for an MR at the time, they may be unwilling to look at it again. There's nothing to stop you from giving it a go.
BIS
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1 year 9 months ago #278489 by adam
Replied by adam on topic P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
Hi BIs.
Thanks so much for your reply greatly appreciated.
I understand now and thankful as its a nightmare doing MR but it would probably be stress i dont need waiting for them to look at it and especially if you think its a long shot.
I am deferentially going to write a letter with my support worker about the law changes because i did not understand when i received the letter in 2019. We found it and it does say on it to write to them if you think you disagree with there decision, but it doesn't say with in a month like the letters there normally say. So Going to give that a try whats the worse they can say is no but i am definitely sure and so is my support worker that I should of got 4 points not 2 and they did not look at the evidence properly
when they done the law change because if they had i would of gone up to high care, also the following journeys law change should of ment i got standard mobility and awarded 10 pints not 4.
I think they know that people dont really understand all this law change stuff so they dint look at the claims properly.
I just want what is rightfully mine by law I wonder how many other people have missed out because of them not doing there job properly.
So defiantly going to write letter about change in law if you think its worth a shot?
Appreciate your time BIs
Thank you!!!
Adam
Thanks so much for your reply greatly appreciated.
I understand now and thankful as its a nightmare doing MR but it would probably be stress i dont need waiting for them to look at it and especially if you think its a long shot.
I am deferentially going to write a letter with my support worker about the law changes because i did not understand when i received the letter in 2019. We found it and it does say on it to write to them if you think you disagree with there decision, but it doesn't say with in a month like the letters there normally say. So Going to give that a try whats the worse they can say is no but i am definitely sure and so is my support worker that I should of got 4 points not 2 and they did not look at the evidence properly
when they done the law change because if they had i would of gone up to high care, also the following journeys law change should of ment i got standard mobility and awarded 10 pints not 4.
I think they know that people dont really understand all this law change stuff so they dint look at the claims properly.
I just want what is rightfully mine by law I wonder how many other people have missed out because of them not doing there job properly.
So defiantly going to write letter about change in law if you think its worth a shot?
Appreciate your time BIs
Thank you!!!
Adam
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1 year 9 months ago #278493 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic P.I.P CHANGE OF LAW 2019 (MIXING WITH OTHER PEOPLE)
Hi Adam
You have absolutely nothing to lose - by asking them to relook at the change in the law and saying that you did not understand it. I know of at least one person on the forum who queried it three times and eventually won.
BIS
You have absolutely nothing to lose - by asking them to relook at the change in the law and saying that you did not understand it. I know of at least one person on the forum who queried it three times and eventually won.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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