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PIP assessment after State Pension age
- Lorcán
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2 months 2 weeks ago #295433 by Lorcán
PIP assessment after State Pension age was created by Lorcán
Apologies if this question has been posted before.
Posting on behalf of Mum. She reached State Pension age last year and has been in receipt of DLA and then PIP for approx 24 years previously. She had a brain tumour removed and has a brain injury as a result.
From what I can see online it looks like provisions are in place for PIP claimants after State Pension age to be put on an indefinite aware and have a light touch review. Mum had a PIP "update" form sent out earlier this year which I filled in on her behalf as usual. She then had a telephone assessment (first time with this method), the result of which was that she has now been told that her condition has improved and she is no longer entitled to PIP (0 points for everything). Her condition has not improved! I was not able to attend the telephone assessment and Mum can't remember what she was asked and what she said, only that she was very stressed and explained to the assessor multiple times they needed to speak to me (I had contacted PIP several times prior to explain the situation - I was overseas).
My questions are: 1) should the assessment have even taken place over State Pension age (Mum got a letter previously saying award extended until 13 March 2024 then had assessment prior and award removed from 29 Feb 2024)? And 2) the telephone assessment process seemed wholly inappropriate given the brain injury implications and inabilty for Mum to describe things she struggles with and recall information - has anyone any advice/experience about this?
The mandatory reconsideration was unsucessful, and the responses given by the assessor to this strongly indicate the questions were not asked in a sufficent way to gain accurate understanding, and the information we provided has been disregarded, which is concerning. We have now put in an appeal.
Sorry for the long post/explanation, and thank you.
Posting on behalf of Mum. She reached State Pension age last year and has been in receipt of DLA and then PIP for approx 24 years previously. She had a brain tumour removed and has a brain injury as a result.
From what I can see online it looks like provisions are in place for PIP claimants after State Pension age to be put on an indefinite aware and have a light touch review. Mum had a PIP "update" form sent out earlier this year which I filled in on her behalf as usual. She then had a telephone assessment (first time with this method), the result of which was that she has now been told that her condition has improved and she is no longer entitled to PIP (0 points for everything). Her condition has not improved! I was not able to attend the telephone assessment and Mum can't remember what she was asked and what she said, only that she was very stressed and explained to the assessor multiple times they needed to speak to me (I had contacted PIP several times prior to explain the situation - I was overseas).
My questions are: 1) should the assessment have even taken place over State Pension age (Mum got a letter previously saying award extended until 13 March 2024 then had assessment prior and award removed from 29 Feb 2024)? And 2) the telephone assessment process seemed wholly inappropriate given the brain injury implications and inabilty for Mum to describe things she struggles with and recall information - has anyone any advice/experience about this?
The mandatory reconsideration was unsucessful, and the responses given by the assessor to this strongly indicate the questions were not asked in a sufficent way to gain accurate understanding, and the information we provided has been disregarded, which is concerning. We have now put in an appeal.
Sorry for the long post/explanation, and thank you.
- BIS
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2 months 2 weeks ago #295462 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP assessment after State Pension age
Hi Lorcan
I am so sorry that this has happened to your Mum.
I would have expected her to have a 'light touch review' . The only people I know who have had one, were simply asked to inform the DWP if anything had changed and were sent a letter with the indefinite award. I am stunned to hear that she had an 'assessment'. Did you ask for a copy of the report? Normally, it would be a PA4 - but as your mum is unable to say what she was asked, it's impossible to know whether this was a light touch - asking a few questions or the normal assessment. If she has been turned down for an MR - you need to get onto the DWP and ask for a call back from the decision maker, as they are supposed to explain why they think her condition has improved. They are supposed to make three attempts to make this call - many don't bother.
Are you your mother's official appointee? If you are not, then no amount of her saying they should speak to you would have made any difference. It's unfortunate you were out of the country because if she was booked to have a telephone assessment, you could have fought that decision and asked them to make a paper-based decision.
1. Should they have done an assessment over SPA - they said they weren't going to, but I expect the DWP will argue that they have the right to reassess anyone when they want. I would be asking though why your Mum has been treated differently. Put in a separate official complaint and see where you get with it.
2. There is nothing fishy about the dates. Awards are extended, but they always try to do the review before the end date to prevent people from being without money. Sadly, your mother's has been removed. It's stunning that they can really think a brain injury of 24 years has improved to the point where she scores zero points.
BIS
I am so sorry that this has happened to your Mum.
I would have expected her to have a 'light touch review' . The only people I know who have had one, were simply asked to inform the DWP if anything had changed and were sent a letter with the indefinite award. I am stunned to hear that she had an 'assessment'. Did you ask for a copy of the report? Normally, it would be a PA4 - but as your mum is unable to say what she was asked, it's impossible to know whether this was a light touch - asking a few questions or the normal assessment. If she has been turned down for an MR - you need to get onto the DWP and ask for a call back from the decision maker, as they are supposed to explain why they think her condition has improved. They are supposed to make three attempts to make this call - many don't bother.
Are you your mother's official appointee? If you are not, then no amount of her saying they should speak to you would have made any difference. It's unfortunate you were out of the country because if she was booked to have a telephone assessment, you could have fought that decision and asked them to make a paper-based decision.
1. Should they have done an assessment over SPA - they said they weren't going to, but I expect the DWP will argue that they have the right to reassess anyone when they want. I would be asking though why your Mum has been treated differently. Put in a separate official complaint and see where you get with it.
2. There is nothing fishy about the dates. Awards are extended, but they always try to do the review before the end date to prevent people from being without money. Sadly, your mother's has been removed. It's stunning that they can really think a brain injury of 24 years has improved to the point where she scores zero points.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Lorcán
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2 months 2 weeks ago #295579 by Lorcán
Replied by Lorcán on topic PIP assessment after State Pension age
Hi BIS, thank you for your reply!
No we haven't asked for a copy of the report. The whole process has been pretty distressing for her/me, previous to the appointment she was bombarded with "reminder" texts, and the first telephone call had to be ceased as they couldn't get the call to connect to me, and Mum was told she must attend the re-arranged phone consultation. Mum says the call was a "couple of minutes", but I have to take this with a pinch of salt as it's likely she can't accurately recall.
Previously she had 2 points for preparing food, 1 point for managing treatments, 4 points for mixing with other people, 2 points for making budgeting decisons - total of 9 for daily living. She had 10 points for planning and following a journey - total 10 points for mobility. And has now gone to 0 for everything over the phone call.
She definitely didn't get any phone calls about her assessment results, just a letter saying she wasn't entitled to PIP any more and then after the MR application several letters over the 6 month wait period saying they had all the information they needed, then the outcome that MR was the same result of 0 points. Mum is in Northern Ireland so think it is Dept. for Communities I need to go through to enquire? To be honest we are so apprehensive after the previous attempts I made to contact them.
I was informed by one person I managed to get through to who was helpful that I can't be appointee as I was out of the country (still am due to various reasons) and they need to do that process face-to-face - fair enough. I did think they would have taken the PIP form information into consideration however, and I basically manage everything for Mum remotely apart from her taking herself for food shopping and medical appointments, otherwise she is always with her friend. I read and explain all her paperwork, sort out bills/correspondence/appointments, have daily contact etc. I will be coming back for any tribunal however as Mum will need me to be there to speak on her behalf - hoping against hope someone gets to look at the form and reviews the decison before it gets to that stage as I am worried about the stress it will put on her, she's already got issues with this which PIP didn't take into account (a lot of trouble sleeping, anxiety, stress-related skin condition - ironically enough triggered by the previous PIP assessment 5 years ago...).
Again sorry for long post. I feel a bit scared any separate complaint might affect the appeal review as the appeal intially goes to the office who made the original decison - or am I worrying unnecessarily?
No we haven't asked for a copy of the report. The whole process has been pretty distressing for her/me, previous to the appointment she was bombarded with "reminder" texts, and the first telephone call had to be ceased as they couldn't get the call to connect to me, and Mum was told she must attend the re-arranged phone consultation. Mum says the call was a "couple of minutes", but I have to take this with a pinch of salt as it's likely she can't accurately recall.
Previously she had 2 points for preparing food, 1 point for managing treatments, 4 points for mixing with other people, 2 points for making budgeting decisons - total of 9 for daily living. She had 10 points for planning and following a journey - total 10 points for mobility. And has now gone to 0 for everything over the phone call.
She definitely didn't get any phone calls about her assessment results, just a letter saying she wasn't entitled to PIP any more and then after the MR application several letters over the 6 month wait period saying they had all the information they needed, then the outcome that MR was the same result of 0 points. Mum is in Northern Ireland so think it is Dept. for Communities I need to go through to enquire? To be honest we are so apprehensive after the previous attempts I made to contact them.
I was informed by one person I managed to get through to who was helpful that I can't be appointee as I was out of the country (still am due to various reasons) and they need to do that process face-to-face - fair enough. I did think they would have taken the PIP form information into consideration however, and I basically manage everything for Mum remotely apart from her taking herself for food shopping and medical appointments, otherwise she is always with her friend. I read and explain all her paperwork, sort out bills/correspondence/appointments, have daily contact etc. I will be coming back for any tribunal however as Mum will need me to be there to speak on her behalf - hoping against hope someone gets to look at the form and reviews the decison before it gets to that stage as I am worried about the stress it will put on her, she's already got issues with this which PIP didn't take into account (a lot of trouble sleeping, anxiety, stress-related skin condition - ironically enough triggered by the previous PIP assessment 5 years ago...).
Again sorry for long post. I feel a bit scared any separate complaint might affect the appeal review as the appeal intially goes to the office who made the original decison - or am I worrying unnecessarily?
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2 months 2 weeks ago #295611 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP assessment after State Pension age
Hi Lorcan
I can understand why you are concerned about complaining. The complaints are handled separately - but you can put in a complaint at any time. The most important thing now is what you can do to be ready for your Mum's appeal.
I looked up the information about you being an appointee, and as you are out of the country, the DWP can't interview you. You'd think they'd heard about Zoom! However, they would also want to interview your Mum and see if she needs an appointee, and I worry about what has happened that someone may view her as fine when she isn't. However, I would keep it in mind, and if you are going to be in the country, perhaps you could arrange it. Your other option is to look to see if you have someone else who could take on the role as far as the DWP is concerned and pass all information on to you (like the friend).
Do make sure that you read our information on putting in an appeal and how to challenge a medical report. Although you will have a better chance of winning an appeal - do not take it as a given because there is a doctor and a disability expert on the panel. Some are wonderful, but you still want to put in the best fight that you can.
BIS
I can understand why you are concerned about complaining. The complaints are handled separately - but you can put in a complaint at any time. The most important thing now is what you can do to be ready for your Mum's appeal.
I looked up the information about you being an appointee, and as you are out of the country, the DWP can't interview you. You'd think they'd heard about Zoom! However, they would also want to interview your Mum and see if she needs an appointee, and I worry about what has happened that someone may view her as fine when she isn't. However, I would keep it in mind, and if you are going to be in the country, perhaps you could arrange it. Your other option is to look to see if you have someone else who could take on the role as far as the DWP is concerned and pass all information on to you (like the friend).
Do make sure that you read our information on putting in an appeal and how to challenge a medical report. Although you will have a better chance of winning an appeal - do not take it as a given because there is a doctor and a disability expert on the panel. Some are wonderful, but you still want to put in the best fight that you can.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jorvick88, Wendy Woo, Lorcán
- slim
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2 months 1 week ago #295637 by slim
Replied by slim on topic PIP assessment after State Pension age
can I just say I am so sorry to hear this. I also from N.l and over pension age (69).I dread a letter coming from DWP re pip. Some of our MPs offices are very good t helping with forms. & maybe they could ring DWP at this stage. All depends what part of the country you are in. I am no expert, but if you had a consultant/ Dr letter would that help. Best wishes
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2 months 1 week ago #295712 by naanaa
Replied by naanaa on topic PIP assessment after State Pension age
Sorry about what has happened. Very little to add other than, can you get into your mum's call log? Whilst it won't give you the conversation between your mum and the DWP, it will at least tell you the durtation of the call, that would at least give you some idea of how much info could have been gleened from the conversation. Given that they've given her 0 a phone call of a few minutes for example really wouldn't be sufficicent for anyone to have made that assumption and you could use this.
Good luck and please keep us updated.
Good luck and please keep us updated.
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