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I won my appeal in Jan 2017 and they have just changed my mobility element
sandra72
Member Posts: 3 Listener
Hi there need some advice I won my pips appeal in january2017 the appeal said I wouldn't be reassessed again until 2021 yet I had another assessment 6 weeks ago I tried to fight it but they said if I didn't go they would stop my benefits .... so I went with my partner I was in mid relapse (MS ) and slept through the whole appointment my partner answered my questions as I couldn't stay awake and talk properly (due to the stress) I got the letter to day and they have dropped my mobility again and lied through their back teeth said I could hold eye contact and talk no problem I'm so stressed right now £110 A month I've lost yet again so my question is if anyone knows if i won my appeal how can dwp do this not even a year down the line ????
Replies
This is unusual
Can I ask you to just check the decision letter from the DWP following your Tribunal ?
The reason I ask is that sometimes the tribunal will give a review date but the DWP can change that but not the actual award. They may have kept the original award length so please do check. This is something I have seen before
This of course does not solve your situation.
How long is your award now ?
Having been through the system before you know what lies ahead but if we can be of assistance please let us know
CR
Sandra
If I were you I'd ask about this in Ask a benefits advisor category.
I thought that the DWP couldn't change an award before the review date unless they had received further evidence in the meanwhile. Could this be the case?
The DWP can assess you whenever they wish but altering an award is a different matter.
The issue here is with these review forms that the DWP are sending out midway through a PIP award period. For the DWP to reduce your award like this they have to prove that there has been a relevant change of circumstances i.e. your condition has improved and therefore your needs have reduced. The DWP will say that the healthcare professional's report is proof that your condition has improved, however I have been to three tribunals this week where we have successfully argued that an updated healthcare professional's report is not enough to prove that a claimant's condition has improved and therefore they have no grounds for superseding the previous decision. Of course, it'll take you having to go through the mandatory reconsideration process and the long wait for an appeal to come around to be able to get this outcome as the DWP won't accept it.
The DWP are able to reassess at any time, and they are doing so in order to stop paying people what they are entitled to but tribunals are wise to it. The above appeals that I've mentioned didn't even go into a discussion about the claimant's needs, the appeal was successful on the basis that the burden of proof lay with the DWP and they had failed to discharge it so the original decision was reinstated.
Lee
I am really sorry to hear what has happened. I hope that your MP will be taking this issue up, that is not only the review so soon after a tribunal decision but also the medical assessment.
Please keep us posted.
Maria