PIP change in circumstances to include newly diagnosed conditions which has resulted in 0 points

Treacle0690

Hi everyone,

I submitted a claim for PIP in January 2023.
I was awarded nil points and submitted a Mandatory Reconsideration which also awarded nil points.
I started the Tribunal process and was contacted by DWP to say that they had decided to change their decision and after a phone call with an agent I was awarded 11 points.

After reading the DWP guidance I decided to submit a change in circumstances form to add in some extra health conditions which have arisen since the initial claim.

I submitted my new form in May and have just received a decision letter awarding me nil points again.

I spoke to an agent on the telephone to disagree with the assessment and go over each daily living task in turn and submit another Mandatory Reconsideration.

I feel really upset about what has happened. I wondered if any of you have any positive outcome stories from similar situations.

Thank you for reading

Kind regards

Treacle0690

Summerlove

Happens all the time.

DDen of thieves comes to mind.

They have not changed criteria yet through an legislation so the 12 points should stand .

If you have a letter awarding you before the change in circumstances to add extra health issues you could include it in a letter to them asking for clarity as to how you went from 0 points to 12 points back to 0

Not very professional is it and asking for MR and back to process of a tribunal again.

Summerlove

My bad 11 points I meant to write 💕

Treacle0690

That’s really good advice Summerlove- thank you

Summerlove

You welcome treacle persistence pays off usually at tribunal so good luck and hope they cave in again before it comes to that 💕

Jimm_Scope

Hey @Treacle0690, this unfortunately is not an uncommon circumstance. Can I ask, when you put in the Change of Circumstances did you only put in information about the new conditions or did you also include how all the old conditions affect you too, despite the recent tribunal on them?

Decision makers, for some reason, in change of circumstances or reviews, will generally only look at what is on the form submitted and not previous forms or decisions. So you need to put down everything that affects you every time, even if you have told them before.

I hope your MR or tribunal are successful a second time.

Treacle0690

Hi Jimm,

Thank you for your reply. I made the mistake of only talking about my new conditions. I misunderstood the DWP guidance and was misled by the form asking “What has changed” for each descriptor on the daily living tasks.
As Summerlove suggested I am putting together an evidence pack for my if you like “old” conditions with an explanatory letter.
Thank you both for your help and support. You are invaluable!

Jimm_Scope

https://forum.scope.org.uk/discussion/comment/939517#Comment_939517

I agree that asking "What has changed" is very misleading. We always try to inform people that for a review you must treat it like a brand new application because it is not clear from the form that is what you are meant to do.

helenzx6r

I’m had exactly the same.(((

My review started in June 2023! I Was refused higher rate daily living and mobility so I applied for a mandatory reconsideration! Once again turned down for higher rate. So I asked for an appeal! And 2 days before they had to decide!! They awarded me full daily living and mobility November 2024!!

So they said no twice!!!

Then 18 months later they finally say yes just as it was about to be accepted to appeal!!

Well during that time my conditions have got a lot worse and some are new conditions.

Surly they should acknowledge that my circumstances had changed at the beginning of the review ! Or they wouldn’t have finally awarded me what I knew I was entitled to!

So 18 months of them saying no!!

Surly I should have been entitled to new rates right from the review bk in June 23???

Meaning I was due some backpay.!

I feel swindled !!