Status of Tribunal Award at next PIP review

Hi Lorrainep

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

The first thing you need to do is contact DWP and ask for a copy of the assessors report called a PA4.

When you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Hi Lorrainep,
Have a look at this
Reg 31 UC, PIP, JSA & ESA (DA) Regs
31. The Secretary of State may supersede a decision of the First-tier Tribunal or Upper Tribunal which—

(a)was made in ignorance of, or was based upon a mistake as to, some material fact; or
(b)in a case where section 26(5) (appeals involving issues that arise in other cases) of the 1998 Act applies, was made in accordance with section 26(4)(b)of that Act

Subsection 31(b) refers to test cases where an important point of law has been decided in one case that will affect other cases that hinge in the same point. I doubt this us relevant for you.

However my understanding is that DWP can only lawfully supersede a decision made by a tribunal if DWP can show eg fraud, previous withholding of information, basically something that shows the information at the tribunal was somehow incorrect.

Assuming
•that your award was still current when DWP reviewed this
•your actual disabilities are not improved
•there is no hidden information/fraud/mistake in the claim or evidence before the tribunal

Then DWP can not legally supersede the decision.

If you want to pursue this then include in your MRletter that DWP have provided no information that shows ignorance or mistake etc in accordance with Reg 31(a), nor refers to any relevant case that could apply under 31(b).
Then add [as appropriate]
Eg Recent medical reports show worsening deterioration of joints and increasingly less movement, which is also confirmed that X medication is now prescribed at 50mg rather than 20mg.
You can then confirm that the various previous (tribunal) descriptor points still apply and explain why and obviously explain any new or increased points as well.
Enclose a copy of the tribunal decision.

Even where DWP change (supersede) non-tribunal decisions they have to have
a) a power to do this. Receipt of a new assessment report can create a power, (there are a number of other technical reasons that give rise to a power to supersede, but these are not relevant for the scenario you describe)
BUT
b) then must show an actual change of circumstances has occurred not just a new medical report!
c) DWP must provide the effective date for the supersession and the reasoning behind it must be clear. (The date is usually only a problem when DWP want to backdate the supersession to a day sometime in the more distant past.)

I hope that this helps.
LL26