PIP Law changes about mixing with other people

Sophs50522

Can someone explain why a tribunal decision claim won't be looked at for this decision?

I have recently been notified by a friend that she's having an enhanced reward and back payment for the changes in pip law about mixing with people. I believe my claim won't get looked at because my decision was made by tribunal. Can someone explain how that is fair? The law still changes regardless why doesn't it appeal to people my claim ?

I've since had a renewal since the tribunal claim that wasn't renewed by the tribunal.

So surely I was assessed again on the old Law?

poppy123456

It's because a Tribunal would have applied the law correctly when they made their decision.

If that review decision was made after 17th September 2020 then they will not look at that claim because the rules should have applied to all claims from that time. (That's not saying the decision they would have made was correct)

Sophs50522

Ok understandble on the tribunal assessment but a friend had a review in 2022 but still had the review last month from a change in pip law and an increase to Enhanced care so that wouldn't explain the law being correctly used in her 2022 review ?

It makes absolutely no sense.

poppy123456

Had they been claiming PIP between 6th April and 17th Sept 2020? Then that will be the reason for that review. Just because they had a review for the change in law last month, it doesn't mean it was for 2022.

Sophs50522

Yes she was but they backdated her for the last 4 years so that would also include 2022, therefore the law rules couldn't have been applied in her last review.

Which is that case mine couldn't have either despite the court making the decision on my first assessment.

I just find it extremely unfair, especially that my condition in by far worse and she will admit that.

The system is a joke.

poppy123456

Are you 100% sure that the money she received included up to 2022? As I advised earlier in the thread, just because the changes would have applied from Sept 2020 that doesn't mean they would have made the correct decision at that time.

When was the decision made on your most recent review? If it was less than 13 months you are still within the timescale to challenge that decision by requesting the Mandatory Reconsideration. (MR) If you're outside the 1 month timeframe you must give a reason why you didn't request it within that time.

Sophs50522

I'm absolutely certain she's been awarded enhnace rate going back to 2020, she's been back paid around £5000. It wouldn't be that high if it was only for so long. Not only that, if they think you've been awarded incorrectly at that time, then I suppose they aren't going to award enhanced rate up to her last review and then keep her on middle rate from her recent review. So this is what I dont understand, if her last review said she was only entitled to middle when the law had already been changed why is she getting enhanced from that as well?

I just find it all unfair all because mine was tribunal, I'm forever having to fight and some people it falls on their laps.

I was received my review award on the 8th January.

I'd have appealed it but at that time I had just lost my entire hearing in my left ear and was suicidal so I had no intentions on being here going forward anyway

poppy123456

I can only tell you what the rules are with the law changes, I don't make the rules. If the decision on your review was recently you are still within the timeframe to challenge that decision. You should only do that if the extra points would mean you'd score at least 12 points for daily living.

https://www.gov.uk/mandatory-reconsideration

Sophs50522

No I know. Sorry I'm not attacking you directly, just expressing my confusion.

I'm not going to MR, I don't particularly want to chance losing it.

I was going to put in for a change of circumstances due to my hearing loss, I now suffer vertigo tinnitus and struggle to hear really bad but I've been told that, that I can also risk losing it doing that.

poppy123456

I do agree it's frustrating. The most likely outcome of the MR will be the decision remains the same because only about 24% of them change in the claimant favour.

If you continue to Tribunal and they consider removing points that would affect your award they will warn you before doing that. You'll either receive a letter in the post before the hearing or you will receive the warning on the day of the hearing. If at the day of the hearing it will then be adjourned, which means you can go home, get some expert advice and consider your options. You can then cancel the hearing and your existing award would continue.

Also please be aware that if you didn't report the hearing loss for your most recent review they will not be able to take that into consideration for the MR or Tribunal.

If you report changes to your health condition, your award could either remain the same, be increased, decreased or stopped completely. You also need to have experienced the worsening of condition for at least 3 months and expect it to last for at least 9 months.

Sophs50522

It's very frustrating I admit. I'm not envy of anyone getting what they get, I'm more upset that I get missed.

My review forms will be around July this year, if I was to put on them that my recent hearing loss occurred January 2024, would they ask why I didn't report the change then?

D

poppy123456

Oh, you said you received your review award on 8th January and I assumed that was recently. It can't be if your next review is due from July.

No, they will not ask why you didn't report it January. For my recent review decision in October, I had a phone call from a decision maker and they wanted to know when my conditions got worse, I was honest and told them it was around May 2023. My review form was returned in November 2023 but I wasn't questioned why I didn't report the changes earlier.

Sophs50522

Sorry 8th January 2024 last year I received my award, it's until July 2026, but they said they'd contact me after July 2025. Which I'm assuming is the review.

Ok in that case I will leave it then until my review, I should score more points based on my new conditions so I will just hope for the best.

poppy123456

Usually they contact you about 8 months before your award is due to end so for you it will be around December time, rather than July. You will be sent a review form to fill in and return.

Sophs50522

It says on the form we will contact you after July 2026 so I guess any time after that date.

Thanks for your help!

poppy123456

Yes, after July 2025 but at the moment it's about 8 months before. That timeframe hasn't change for a few years now. Mine was exactly the same when I was contacted in 2023. My award was due to end in June 2024 and I was sent the form around November time. They often send a text message to tell you that your review has started and to expect the form in about 2 weeks. This is what happened to me, I received the text towards to end of October with the form about 10 days later.

Sophs50522

Oh ok, they took almost a year to process my last review however I was really pleased with it being paper assessed and this is what really makes me worried about rocking the boat.

I'm going to gather new evidence ready for the review. Thanks for the advice.

Jimm_Scope

If you have any questions about the review form when you receive it we'll be here @Sophs50522 🙂 We also have a section about the Review form here: Completing your PIP claim form | Disability charity Scope UK