MM judgement just had a letter and I just don't get it.

lukanmisskitty
lukanmisskitty Community member Posts: 46 Connected
edited October 17 in Benefits and income

Ok so for the past year I have been calling the so called pip helpline in regards to this issue. But before I even made the first call to them I spoke to an advisor at the c.a.b and this was also the same advisor who had helped me to fill out forms and actually get pip. I was awarded standard rate and this was for mental health and anxiety issues not for my physical problems as I had been told I could not claim pip for this. However I later found out this was untrue and I could have actually claimed for physical. So anyway I went to the assessment and I passed first time the assessor was a nasty piece of work and had me in tears and a shaking wreck for weeks afterwards I was tormented by nightmares and bad self harming episodes. But even she as horrible as she was admitted I had the issues I had said and I needed support in social situations blah blah blah. She wrote this down in her report about me. So my c.a.b advisor said to me yes you are affected by the mm judgement and even better the assessor has admitted that she agrees this is the case. He told me to give them a call and let them know and also to be willing to send out any proof of this to them. I keep all of my letters from DWP as well as hospital letters and doctors letters reports ect. Some of which actually go back years. So I did what he said and I gave them a call the person I spoke to told me to send out copies of the letters I had because it sounded as though I was affected by this. So I did what he said and I have never received a letter of a call to tell me I have been awarded this backdated money. But for the past twelve months I have been told by numerous people I have spoken to at the pip helpline that yes I have been affected by the mm judgement and I have been selected they was just waiting for a case manager to look things over and then I would be contacted about when I can expect to receive a payment. So today I got a nasty shock because they have sent me two letters out both exactly the same and they tell me I will not be receiving any back payment. And the reason they give is because even though they acknowledge I need prompting social support ect it is not by a professional it is my own son that helps me. So because it is a member of my own family I am not entitled to a penny. What I don't understand is why did they not tell me this at the beginning because they knew this already so why did they string me along on the phonecalls. I even had one person I spoke to three months ago telling me it was good news for me because I would definitely receive a payment because I fall into the correct category. Why do they lie to people like this it's infuriating and I don't know what to do next. I don't think it's worth even calling them because they will probably tell more lies and I may lose my award completely.

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Comments

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    Can I ask what mm judgement is pls

  • lukanmisskitty
    lukanmisskitty Community member Posts: 46 Connected

    @Catherine21 it is due to a rule change in regards to social situations and if you need support or prompting to engage with people in social situations. In many cases pip had either awarded zero points or under scored people. And when the rule change came in they was supposed to pay people that was affected by this change. But it seems they only paid some people and lately more people are being told this does not apply to them. In my case they have always been told I need help and support and I have always provided proof they have asked me for. So I don't understand why they are now saying I'm not entitled to anything because it does not apply to me. If that was the case they could have told me that a lot sooner instead I had different people telling me I was definitely affected by the mm judgement and it was just a case of seeing how much they owed me.

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    Oh OK yes I got that I received a letter saying we may owe you money so my daughter called sure they sent letter with few questions I sent it with some evidence therapy letters like yourself and I got a back payment and the rule did state that support from family friends was classed as support

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    Well my daughter supports me in social settings so that's bull

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    And I told them that so why they say your not supported by a professional id research the law change write a letter stating that you 100 percent fit the criteria and want to know why thier refusing you w

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    You won't lose your pip award now I got mine February this year any law changes if apply to you will get backdated won't effect pip at all

  • lukanmisskitty
    lukanmisskitty Community member Posts: 46 Connected

    @Catherine21 the letter only arrived today but it's dated on my birthday September 30th so I don't even think I can appeal now. It says I must appeal within the month if I disagree with the discion.

  • Razr
    Razr Community member Posts: 122 Empowering

    Sounds like you are on their merry-go-round, You are quite within your rights to contact your local MP and lay it on the table to them, seems to me you have nothing to lose but could win

    Best of luck

    https://members.parliament.uk/FindYourMP

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    You can do it over the phone with them I'm sure you can said on my letter I could if not call them stating you only recieved letter ask for extension their pretty good at giving extension don't give up you could get payback from five grand some people got 12

  • lukanmisskitty
    lukanmisskitty Community member Posts: 46 Connected

    @catherine thank you for the advice I will look into that tomorrow.

  • Catherine21
    Catherine21 Posts: 2,435 Championing

    Yes it's so wrong the law was changed to say they classed social support from family friends as support sorry my writing awful get your son to write letter stating how he supports you and get all evidence from those years thier stating goodluck

  • poppy123456
    poppy123456 Community member Posts: 61,415 Championing

    When you were told it definitely applies to you, you were told that by call centre staff. These people have very little knowledge in PIP, other than to read from a screen in front of them.

    Support from another person doesn't need to be a professional. My daughter scored 4 points here and she's supported always by either myself or her elder sister. We are not professionals.

    I don't think contacting your local MP will help here, as there won't be much they can do.

    You can challenge that decision by first requesting the MR. You do not have 1 month do request this, you actually have 13 months from the date of the decision. If you're outside of the 1 month timeframe you need to tell them why you didn't request it within the first month. You should put your request in writing, rather than ring to request it. If they refuse you just proceed to Tribunal.

    I'm also assuming that you weren't awarded by a Tribunal? Those that were will not be considered for extra points.

  • chiarieds
    chiarieds Community member Posts: 16,615 Championing

    As far as this goes you can see the DWP response here:

    https://www.gov.uk/government/publications/pip-administrative-exercise-supreme-court-judgement-mm-definition-of-social-support-progress-report-at-31-august-2023/pip-administrative-exercise-for-mm-progress-report-to-31-august-2023

    Which says, 'We are not reviewing claims if:

    • the enhanced rate of the daily living part of PIP has been awarded continuously since 6 April 2016
    • a Tribunal made a decision on a claim since 6 April 2016
    • a decision not to award PIP was made before 6 April 2016'

    So, it's only if points should have been awarded that might therefore increase a PIP award from standard to an enhanced rate for the daily living component (or mean a standard award should have been awarded), & doesn't apply if you were awarded by a tribunal as poppy says. It also depends on when you were awarded.

    And, yes. when you ring PIP you are just speaking to call handlers, & not anyone with any benefits knowledge.