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Court decision overturned. Another PIP reassessment ordered. Please advise.

concernedmotherconcernedmother Member Posts: 1 Listener
edited June 2017 in PIP, DLA and AA
My son has cerebral palsy ... DWP on there assesment gave him a 0 out of 15... He appealed and it was not changed .. He then went to cab .. They took it to court... The court decided that he was not fit enough for work and said this was endefanatly .... He received a letter today saying that DWP are sending him for another assesment .. On phoning the cab they said that the courts decision had been overturned ... How can this happen ?

Replies

  • izaiza Member Posts: 471 Pioneering
    edited June 2017
    Hi @concernedmother, it should never happened. The DWP is allowing itself to much at the moment. You need urgently search your right do not wait. DWP needs respect courts decisions. Go to Law Centre or MP. Fight for rights. 
    Iza 
  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @concernedmother.

    It is great to have you here mybe not in your current spot of bother "heyyyyyyy"

    Please please let us know what we can do for you ???

    These DWP/Benefits decisions are going barmy at the moment.

     Please let me know if I can point you in the right direction on our website to get some clarity if possible.

  • MikeBroderickMikeBroderick Member Posts: 234 Courageous
    Hi @concernedmother:

    Welcome! 

    I am so sorry to hear about the difficulties you and your son are going through. Please see our legal page for legal resources.

    I'm also going to move this discussion into our Ask a Benefits Advisor area to see if there is anything they can advise.

    Best wishes to you and your son.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    Is this for PIP or ESA? ESA is for people who can't work.

    DWP don't always follow the court's decision. But this is rare.
  • gnmeadsgnmeads Member Posts: 185 Pioneering
    Hi, welcome to the Scope community
    I would go back to CAB and ask them how they can do that. At the end of the day, if they can overturn a decision then what is the point in having courts!
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @concernedmother

    Sorry to hear about the problems and confusion that you have come up against.

    I'm afraid I'm still slightly confused myself as to the current position with your son's benefit.

    The DWP themselves cannot overturn a Tribunals decision, the only two options they might pursue if they disagree with the decision are (a) pay the benefit that the Tribunal awarded, but then review the claim (i.e. with a medical) and start the whole process again (in this case they would pay the award though up to the point a new decision was made; or (b) appeal the decision further, to the Upper Tribunal.

    If your son has received another ESA medical, then I presume the answer is (a) - unless he made a new claim on the basis of deterioration in the interim? But I think perhaps the CAB caseworker could explain more clearly. You could also call the DWP on 0345 608 8545 to see if they can explain.

    I agree with @gnmeads above advice that you need to speak to the CAB caseworker again to ascertain exactly what is going on here, as the only body who can overturn a decision of the First-tier Tribunal is the Upper Tribunal.

    You should note however that it is not within the Tribunal's power to order an ESA claim to be indefinite. The ESA therefore have the right to do a further review within a REASONABLE timeframe. You have not stated when the previous medical was carried out/decision made, but if it was quite recently, you could make a complaint both direct to the DWP and also to your MP as regards the reasonableness of the constant reassessments, and the impact this has on your son's life.

    Hope this helps!

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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