PIP Decision 2019

RubyRabbi

Good Morning, Everybody…… hope today has started well.

I wanted to ask this question : I was suffering from very bad depression in July 2019 and asked for help from PIP. An assessor came to the house, saw my NHS records and GP's letter and then proceeded to ask me lots of inane questions about lifting kettles and such like. My PIP was refused. Afterwards, my depression spiralled to such a degree that I was suicidal and required crisis intervention by the NHS mental health team in August 2021. I waited for 2 years to get counselling and then another 1 year completing counselling : during this time, my partner became my carer and I was incapable to living a functional life.

I was reading this recently Personal Independence Payments: Supreme Court Ruling - Hansard - UK Parliament

and wondered whether, due to extended mitigating circumstances, my PIP refusal back in 2020 ( which was when I received the letter ) could be looked at again. This is WAY over the 13 month time limit, obviously, but I was absolutely incapable of dealing with this at the time.

I realise that this is extremely unlikely but I have been at the mercy of NHS waiting lists.

Are there any examples or case law I could quote in which PIP claims have been re-assessed, long after the event and as a result of this Supreme Court judgement?

I appreciate the time given to me by anybody who might know this answer !

Many thanks,

Ruby.

Santosha12

Hi, I don't know the answer I'm sorry but there's a charity or not for profit organisation based in Bury, Lancs called Fightback4justice.

I've not joined but they charge 4.99 a month and a separate package of 11.99 a month.

It might be worth you looking at their website as the more expensive package gives access to successful legal appeals in the lower and higher tier tribunals (for PIP).

Very best wishes to you and take care 🙂

chiarieds

Hi @RubyRabbi - unfortunately unless there has been an 'official error' then a Mandatory Reconsideration outside the 13 months of your decision would not be accepted. Please see: https://assets.publishing.service.gov.uk/media/5e4291cbe5274a08e020ab1e/adm-annex-a.pdf

RubyRabbi

Thankyou to ciarieds and santosha for the valuable replies…….. Just love this Scope community ! Such a 'feel-good' place……!

Santosha12

@RubyRabbi you're very welcome and I hope you can find the answers you need to be able to proceed. It's very wrong that at the time we're at our lowest/most vulnerable and need the help the most, it's denied and we're not in the strongest mindset to fight it. With the very best of wishes to you!

RubyRabbi

I think I have found the answer …..see below! But does anybody know whether a Tribunal will accept the DWP Staff Guide on law ( ADM) if I put this forward as evidence ?


ADM Chapter F5: The LCWRA element
 

 

 But see F5040 et seq for exceptions to this rule.                                                                  1 UC Regs, reg 28(1)

 2. in any other case4, on the first day on which the claimant provides medical evidence of LCW4

 1 UC Regs, reg 28(2); 2 reg 28(2)(a) & 41(3); 3 reg 28(2)(b); 4 SS (Med Ev) Regs