PIP Re-assessment 4 months after Tribunal Ruling

Loopyhels

Hi - I am not sure if anyone can help me but I received a ruling back in November 2022 from a tribunal of higher Daily Living and standard mobility until 2025. I was told at tribunal by the DWP rep at court that I should have my mobility moving around reassessed as my mobility had significantly deteriorated since first applying and whilst going through all the appeal stages. My consultant and Occupational Health also agreed that I should. To cut a long story short - I asked for this part to be reassessed. The report has come through and I have been taken back to the decision of the previous report and the assessor has discounted everything that was awarded by the Judge - even though there was agreement that nothing had changed. Ironically the moving about section has been awarded higher! There is no mention of the court decision. My question is - are they allowed to rule out what the Tribunal awarded so close to the ruling and when there are no other changes? 
I have obviously gone to MR but I don't hold out much hope and fear it maybe back to appeal 

poppy123456

When reporting changes they look at the whole award again and not just part of it. The assessor that wrote your report most likely didn't know anything about the Tribunal decision.

When you filled out the forms for this change of circumstances did you give as much information as possible and treat it as a new claim? or did you just put no changes where applicable?

Loopyhels

Yes I gave them all the information they asked for - as it stated they would also be looking at evidence previously submitted I took it as given that they would have the tribunal decision. I was told when I notified them of my change that it would be looked at as this being the only change. The guy I spoke to even clarified with his Line manager. Fingers crossed they come bk with the right decision 

poppy123456

Was it the PIP call centre that told you this? If so then they're not the best people to ask for advice because they often have very little knowledge in the benefits system.

You could have also sent a copy of the Tribunal decision with the form you returned.

WhatThe

Hi Loop, of course it's not right so get some qualified legal advice. 

Loopyhels

poppy123456 said:

Was it the PIP call centre that told you this? If so then they're not the best people to ask for advice because they often have very little knowledge in the benefits system.

You could have also sent a copy of the Tribunal decision with the form you returned.

Yes it was the call centre and as it was the change of circumstances team - I hoped they knew what they were talking about. Again  it said that they would consider previous evidence and I presumed the ruling would be a glaringly obvious piece of evidence 

WhatThe

The DWP rep should have apologised for not revising its own decisions before the hearing instead of trying to trip you up afterwards! The assessor is not to blame for the limited amount of information shared with them. Only DWP decision makers can correct this.

WhatThe

A successful appeal at Tribunal means DWP FAILED to follow the correct procedures and FAILED to revise its findings.

poppy123456

Loopyhels said:

poppy123456 said:

Was it the PIP call centre that told you this? If so then they're not the best people to ask for advice because they often have very little knowledge in the benefits system.

You could have also sent a copy of the Tribunal decision with the form you returned.

Yes it was the call centre and as it was the change of circumstances team - I hoped they knew what they were talking about. Again  it said that they would consider previous evidence and I presumed the ruling would be a glaringly obvious piece of evidence 

The assessor writes the report, they would not have known about the Tribunal decision. The problem is with call centres is they often give very poor advice and you shouldn't rely on any advice they give. If you're in the MR stage then i'd advise you to send the Tribunal decision letter in with your MR request and make sure you point out that your conditions haven't changed since the Tribunal decision (apart from your mobility)

WhatThe

Hi Scope,

Why am I unable to see the post added by Onebigvoice today at 8.59? 
I received a notification for it but permission to view is denied.

Thank you 

Loopyhels

Whatnot4657 said:

Hi Scope,

Why am I unable to see the post added by Onebigvoice today at 8.59? 
I received a notification for it but permission to view is denied.

Thank you 

I get the same thing 

Adrian_Scope

Afternoon @Loopyhels and @Whatnot4657. I'm unable to comment on specific posts but this can happen for a number of reasons, typically if a post has been moved or deleted.