P.I.P Entitlement removed after 3 years due to supposed error????

debz2207

Hello everyone.  I'm hoping someone can help as citizens advice have never heard of this happening before.  
I applied for PIP back in 2019.  I was awarded standard care and no mobility. After an appeal, i was awarded Enhanced for both, for an ongoing period. Well..... on the 14th of August 2023, i received a review form.  I contacted PIP to ask them why i had received it, as i have an ongoing award and should only have touch reviews every 10 years.
They told me that they believed it was an error due to a note being added to my case stating review in 3 years.  As i was told in person, over the telephone, the award which she had decided to give me - Enhanced rate for both, for an on going period... so that (in her words) I would not have to go through the stress of the full application ever again.
So I had my entitlement confirmed in person AND in writing!  So I am 100% positive that the error is actually the note put on my account after the fact.  The person who also did my appeal and final entitlement no longer works for DWP.  So they have no way to clarify it.  They are refusing to listen to me and are adamant that they are revoking my ongoing award due to an error.

Has anyone else EVER experienced this? I have no idea what i can do to challenge this other than put in a complaint.  which i have done, even though my case worker told me it would do no good.

nasturtium

Hello debz2207

debz2207 said:
I applied for PIP back in 2019.  I was awarded standard care and no mobility. After an appeal, i was awarded Enhanced for both, for an ongoing period. 

They are refusing to listen to me and are adamant that they are revoking my ongoing award due to an error.

So you were awarded ongoing by a tribunal? The DWP cannot over rule a tribunal decision after 3 years calling it an error.

Personally my advice would be to contact your local MP because they have a direct contact with the DWP and it is there job to work and help there constituants with problems like yours.  Include a copy of your award letter highlighting your ongoing award and the letter they have recently sent you. Explain in detail what has happened. You would have much more success contacting your local MP about this in my opinion. To do that you can use the followig websites bellow. You will need to include your home address and postcode so your MP can confirm that you live withing there constituancy. To search for your MP just put in your postcode into the search box. https://www.writetothem.com or https://members.parliament.uk/members/Commons

I hope that helps and please keep us updated with any progress.

Nasturtium

debz2207

I'm not even sure if it was the tribunal.  The letter I received said that they had looked at my claim again and awarded me the higher amount, so my appeal would no longer continue?

nasturtium

debz2207 said:

I'm not even sure if it was the tribunal.  The letter I received said that they had looked at my claim again and awarded me the higher amount, so my appeal would no longer continue?

Does your award letter say you will be having a light touch review in 10 years?

I cannot work out what has happened because I can only go by what I am reading here but in my opinion what "might" of happened is that an appeal was "possibly" made by the claimant and the DWP changed there minds and made an "offer" to the claimant at appeal stage which can sometimes happen if there is enough information to allow the DWP to do that.

The DWP can request a review at anytime even with an ongoing award unless the ward letter says that a review must not happen until after a certain date. Again I do not know the Claimants situation and as advised you can either seek advise from your local welfare advise agency or contact your local MP like I advised above who will contact the DWP on your behalf.

Again please keep us upto date on any outcome.

Nasturtium

debz2207

Yes, that's what happened.  I did appeal but they looked again before it went to tribunal.  I know they can review at any time, even with ongoing.  It the fact they are telling me the ongoing is an error.  

nasturtium

debz2207 said:

Yes, that's what happened.  I did appeal but they looked again before it went to tribunal.  I know they can review at any time, even with ongoing.  It the fact they are telling me the ongoing is an error.  

This is why you need to contact your MP like I advised above and include the award letter because they should not be telling you after 3 years it was an error. Your MP can confirm if it was an error and they can arrange for your award to continue whilst you do your review.

Nasturtium

debz2207

Ok.  Thank you so much for your advice.

nasturtium

Just to add:-

If you have been told to do a review and you have the form then I would complete the form like you would do a new claim. Include as much information about your condition now and why you cannot do the activities that apply to you safely, repeatedly, in a timely manor or to an acceptable standard. Then send it of even if you do decide to contact your MP. You can still contact your MP like I advised.

nasturtium

Hello Woodbine

Yes I fully understand that an award will continue during a review period. I was just addressing this line that the origional poster put in there post.

debz2207 said:

They are refusing to listen to me and are adamant that they are revoking my ongoing award due to an error.

So I advised bellow that it would be a good idea to return the review form fully filled in and if required the Claimant can request an extension for the review deadline so they can fill the form in with detail and send it off so they do not lose there award. Then they can contact there MP to get this problem resolved.

Nasturtium

Jimm_Alumni

Hi @debz2207, if it's stumped citizen's advice you can call me doubly stumped. I would speak to your MP about it if you can, I also want to re-assure you that reviews have the same Mandatory Reconsideration and Tribunal Appeal steps as the initial application does. 

Is Citizen's Advice helping you with the review itself? Or is a family member/friend helping? I know this can be a very stressful process, especially with it coming as a complete surprise as in your case. I hope you've support around you through this situation