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I won my appeal in Jan 2017 and they have just changed my mobility element

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

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello sandra and welcome

    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


    Be all you can be, make  every day count. Namaste
  • sandra72sandra72 Member Posts: 3 Listener
    Hi and thank you for your reply the date the tribunal gave was 2021 after the assessment it is still 2021 but have changed the award (mobility element from enhanced ) I just need to know if they can change the award like this  thank you 

    Sandra
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @sandra72

    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?
  • AlexAlex Scope Posts: 1,324 Pioneering
    I've moved this question to the ask a benefits advisor category.
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Contact the Clerk of the Court @sandra72 . Their details are on the court judgement letter. They will explain what your options are.

    The DWP can assess you whenever they wish but altering an award is a different matter.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited November 2017
    Hi sandra72,

    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • sandra72sandra72 Member Posts: 3 Listener
    Thank you for your reply started mandatory reconsideration yesterday least I know what to expect 2nd time round.  I also have an appointment to with my local mp and have sent an email to the health Secretary and prime minister about how harassed I feel and that this needs to stop as it makes ppl who ate already struggling day to day with pain ect  and the stress just makes it worse thank you again 
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    So sorry to hear about your experience @sandra72, wishing you all the luck in the world for your appeal and campaigning! 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello sandra72

    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

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