Pip took away points i was awarded at tribunal

Dizzynanna

Need advice please, i went to a tribunal in may and was awarded extra points for cooking and prepairing food as need help and supervision but they didnt take anything else into consideration. i rang pip and they did a intervention review again and got the the decision letter and they have took the point off me the tribunal awarded me any ideas what i can do or advice on next steps
thanks in advance
Dizzynanna

calcotti

If it's a new decision I can request a Mandatory Reconsideration and after that can then appeal to tribunal.

Dizzynanna

Hi Calcotti thanks for reply. i had tribunal last month and was awarded points on supervision when cooking and prepairing food. i rang pip up after tribunal as everything was not took into consideration at tribunal and pip then did a intervention review and looked at my claim again and took the points of me that the tribunal awarded. dont know if a MR is worth doing 

calcotti

Have you received a new decision letter from DWP and does it say you can do a MR? If so that is your way to challenge it.

Dizzynanna

ok thank you will try that thanks for advice Calcotti 

calcotti

It occurs to me that because he ask DWP to looks at other matters so on it is possible that the person that looks at your again may not have been aware of the tribunal decision.

apple85

I thought the tribunal decision overruled the dwp and any points awarded from them was final (apart from the very few cases where you can appeal to the upper tribunal if you disagreed with the original tribunal decision)?

I’ve personally never heard of the dwp docking points that a tribunal gave but the mods and game hangers will know if there’s precedent 

calcotti

apple85 said:

I thought the tribunal decision overruled the dwp and any points awarded from them was final (apart from the very few cases where you can appeal to the upper tribunal if you disagreed with the original tribunal decision)?

I’ve personally never heard of the dwp docking points that a tribunal gave but the mods and game hangers will know if there’s precedent 

I inferred that OP's contact with DWP has been treated as a change of circumstances and therefore made a new decision.

poppy123456

Dizzynanna said:

i rang pip and they did a intervention review again

They can review you at anytime or did you report changes?  Did the removal of the points for this descriptor affect your award?

calcotti

poppy123456 said:

Dizzynanna said:

i rang pip and they did a intervention review again

They can review you at anytime or did you report changes?  Did the removal of the points for this descriptor affect your award?

I way I read the OP's opening post is that they asks DWP to ask as some different issues. Which therefore means (which you know) that DWP has has therefore made a DWP decision. I suspect that OP didn't realise that a new DWP decision is now bound by the tribunal. As you say, it isn't clear what any of this means for OP's award.

Dizzynanna

the tribunal gave me an extra 2 points for cooking preparing food total for that was 4 points as i need supervision. i had wrote to pip 4 mths before tribunal sending further evidence about vision problems but  nothing came off it.
After tribunal i rang pip and explained the vision and other issues with evidence from a neurologist and they agreed to a intervention but by the looks of it was a full pip review. got decision letter awarding me 2 points for vision but took the 2 points i was awarded at tribunal so ended up same points 

Dizzynanna

poppy123456 said:

Dizzynanna said:

i rang pip and they did a intervention review again

They can review you at anytime or did you report changes?  Did the removal of the points for this descriptor affect your award?

Yes poppy as i was awarded points by tribunal and when pip did there intervention they took them back off me but gave me 2 points for vision but had they left the 2 points the tribunal gave me i would be on enhanced daily rate 

poppy123456

You need to be very careful when contacting PIP about things like this because they can take it as a change of circumstances. If you disagree then you'll need to go through the MR process again.

apple85

Calcotti - I got you

i have the general rule that you should never ring the dwp unless you 100% have to in case you accidentally trigger something else off

(I was almost going to break my own rules and get a jump on requesting the assessors report just in case the decision letter was bad news - think I’ll continue to sit on my hands)

Dizzy - I would think of it this way, you’ve learnt a valuable lesson which may help yourself and others on this forum in the future. Also you have an award and any award imo is a win (as getting an disability benefit is not unlike pulling teeth at times) - I’ve read of people on this forum who previously had enhanced in both but got docked all their points at the review

sometimes you need to pick your battles which is especially true if you get awarded standard but think you should of got more points - I think 9 times out of 10 I’d leave a standard award alone (especially if the award length was good)

Dizzynanna

Pip didn't tell me it was a review they said it was a intervention. And to ignore points awarded from a tribunal and for pip just to take away don't sit right with me so gonna fight this and willing to go tribunal again 

Dizzynanna

Thanks everyone for advice appreciate it 😀

calcotti

As I asked earlier - your ask new decision say that you have appeal rights.

I think they mean the same as an unplanned review (when a claimant reports a change) as against an planned review. Both would have appeal rights and in your situation would consider an MR addressing only the fact that DWP have you scored differently on the particular activities that have only just be considered by a tribunal. (Of course this should be considered if the impact you experience warrants these points.)

Dizzynanna

my daughter has wrote a letter to dwp and enclosed a copy of the tribunal decision and points awarded so will get it posted off and see what happens thank you for all your advice Calcotti 

L_Volunteer

Please feel free to let us know how this goes @Dizzynanna. How are you and your daughter feeling about things at the moment? Please don't hesitate to let us know if there's anything else we can do to help 

Dizzynanna

Everything was sorted with this in the end happy it's all done and got my points back 👍