PIP appealing length of award

Freda

Apologies if this has already been discussed, I was unable to find a similar post.

Since moving from DLA to PIP I keep getting awards with 3 year review, I know many people have the same situation. I’ve always had paper reviews, and I had an indefinite DLA award previously. I have CP, so a lifelong disability.

I’m happy that the rate of my PIP is correct (and it never changes), but the scores are not correct, and I could very clearly demonstrate this. I was also hoping to have a longer time until review, mostly because the end date will be a month away from my blue badge renewal, as is my current situation.

Do you think it is worth asking them to look at decision again, or should I leave it for another 3 years? If anyone has experience of similar situation I’d be grateful for your advice.

And I’m very aware that so many people are struggling to get the correct award they deserve, so apologies if this sounds insensitive. 

poppy123456

I don’t understand what you mean by this.

Freda said:

I’m happy that the rate of my PIP is correct (and it never changes), but the scores are not correct, 

You can request the MR for the length of award only but you need to make sure you state clearly that you’re happy with the award itself and are only challenging the length of the award.

You will need to give your reasons why you think you should have a longer award. 

ncor

Hi,

I was in your shoes, only getting shorter length of awards. 

This time around I got awarded enhanced on both for 3 years. I sent in an MR asking for a longer length of award. They changed the decision to 5 years. 

I still feel I should have got a longer award so I appealed to HMCTS (Tribunal), for a longer award.

DWP cancelled the appeal and awarded me enhanced on both for 10 years. 

If you believe you are entitled to a longer length of award, go for it, please make it clear in your appeals that you are appealing the length of award ONLY, and that you are happy with the current levels of award, ONLY appealing the award length. 

Have a read through these, they should help:

https://forum.scope.org.uk/discussion/107132/pip-form-advice#latest

https://forum.scope.org.uk/discussion/82842/id-like-to-dispute-the-award-length-only-how-long-do-i-have-to-do-this#latest

Hope this helps. 

MW123

@ncor I'm grateful for you sharing your success in obtaining a longer award date. It's puzzling to me why individuals need to go through appeals or challenge awards to extend their award dates, given that the authority clearly has the capability to assign a 10-year review date during assessments or reviews but consistently chooses the shorter duration. 

Was there a possibility that the duration of your award could have been reduced during this process? I am aware that they granted you an extended award date without undergoing the formal appeal process. Your ability to present compelling evidence must have been crucial in highlighting the inaccuracy of the initial award duration, particularly given that it did not progress to an appeal. 

I am uncertain whether challenging the length of awards, even if the claimant believes it is too short and should be longer will be effective for everyone. Please correct me if I am mistaken.

Freda

Thanks for replying 😊 

@ncor very helpful to read your posts, I’m pleased you had a good outcome. @MW123 I’m sure you’re right and there will need to be a strong case presented in order for them to give a longer award. My understanding is that there is always a risk of awards being reduced when there is a MR or appeal, so of course this needs to be thought about carefully.

I will ask them to look at the length of my award again, and I will let you know the outcome.

chiarieds

Hi both @Freda & @MW123 - whilst not everyone will be successful in challenging PIP awards, which are often of just 2-3 years duration, if an award is in place, you can challenge just the length of an award, so long as you make it absolutely clear you're solely challenging the length of the award. This link is really worth reading through: https://assets.publishing.service.gov.uk/media/5c6e86fc40f0b647ac8db29c/CPIP_1057_2018-00.pdf which was contained in the posts @ncor mentioned above. This was first mentioned by a Welfare Rights Officer who helped people with tribunals, & I can't fault his advice, neither did ncor .

With MRs, as we unfortunately know, the success rate is abysmally low, but it would be rare for a claimant's award to be reduced.

When appealing to a tribunal, then in essence you're starting again, but, if the tribunal think you will get a lower outcome, then you'll be warned beforehand, or on the day of a tribunal, so then a claimant would hopefully decide not to proceed, & would keep their current award.

If appealing the length of an award only, then a claimant is in no danger of losing their current award, so long as they've made it absolutely clear that otherwise they're fine with their award.

ncor

I agree with @chiarieds, not everyone may be successful in challenging a PIP award, but if you feel like it is what you should be awarded, I would go for it. 

Although there is always a risk of your award being reduced at MR, it is rare. Also appealing to tribunal, you will be told if your award is at risk of being reduced, to give you the option if you wanted to withdraw your appeal. 

In regards to evidence to support a longer award, I just sent in whatever I had, consultants letters, occupational therapists reports, prescription list etc. and most importantly, my own anecdotal evidence, giving at least 2 examples the last time I attempted each applicable descriptor, and the difficulties I experienced. This was all on my original application. 

For the MR the only evidence I sent was a letter written by myself explaining why I should be given a longer award. 

When appealing to HMCTS,  I sent In another letter explaining again why I should be given a longer award, aswell as a page from the PIP assessment criteria:

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#award-review-dates

I highlighted bullet point 3 when sending the letter, and explained that I believe this should have been applied to my claim. 

Hope you get a good outcome.