PIP, DLA and AA
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PIP help

sar123sar123 Member Posts: 8 Listener
edited November 2017 in PIP, DLA and AA
Hi I’ve never posted on here but have read some good advice. I now need some. 
I was on standard rate care and enhanced mobility have been for a while. I had 40 mins face to face at my home and was deemed perfectly well and awarded 0 points. I obviously asked for reconsideration. Anyway. I got my tribunal date last Friday 24 November and I was goin to attend. I have been providing Ongoin  medical reports whilst waiting for tribunal of worsening conditions Then week before trial date I get a call saying the dwp were now awarding me standard standard and they call it lapsing it and gave me couple of days to have a think. This alone caused even more stress as I had to make a decision. I told them having been rung about four times that I would accept the lapse whatever it’s calked and she said she would inform court and get my new letter of award and backdated payment to me within two days. And said I needed to do nothing. So....... I didn’t go to court but today I got two brown envelopes one from dwp stating new payments and dates etc dated 23 nov. Set at standard and standard   But the other one was from the court dated 24 nov the heating date. That said that the appeal had taken place and they were awarding me back to standard care and enhanced mobility. Phew after all that my question is. Which one stands   Anyone else had this 

Replies

  • [Deleted User][Deleted User] Posts: 215 Listener
    Wow this is a new one !!!!
  • sar123sar123 Member Posts: 8 Listener
    Any idea anyone. I know I only have til Monday to ring but everyone knows what it’s like. I’ve been on edge since last March thought well at least it sorted and then the usual sat btien envelopes 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi sar and welcome

    Hmm a difficult one
    Usually the last decision made is the one that is put in place. If the tribunal date is after the revised DWP date then that should stand, the DWP don't seem to have informed the tribunal that you had accepted a revision and lapsed your appeal.

    You may need to get f2f advice from CAB or similar, but the tribunal decision should be honoured by the DWP

    You can either ring tribunal clerk or DWP for clarification

    CR
    Be all you can be, make  every day count. Namaste
  • sar123sar123 Member Posts: 8 Listener
    Hi. Thank you I thought this...either way I’m getting my award back in one shape or form.  Having not received anything since last March but the woman fri the Dwp said they would let make the court aware cause I was worried that if I didn’t attend then something else would go wrong snd I would have to wait again for another date and I waited bout 22weeks. So really she messed up didn’t she and the court heard my appeal in my absence. Fingers crossed but boy what a journey no wonder people just give up the stress. I’ve had some really good support thank goodness but really feel for the ones that don’t 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Sometimes, when you have a hearing date and fail to attend the panel can make a decision on the evidence they have, which seems to be the case here. Other times they will reschedule.
    It is unusuall but I think that the tribunal decision should stand. Hopefully you will be able to relax for a little while, but keep an eye on your review date as these are often a year before youe award ending. Having waited a long time it seems that reviews come around very quickly

    CR 
    Be all you can be, make  every day count. Namaste
  • sar123sar123 Member Posts: 8 Listener
    I just hope I don’t have to go into battle with dwp tomoz. Just can’t be doin with it. 
    I know the renewal dates are ridiculous. Ur contacted 12 months before they are up

    shilst on the phone to me i don’t know how true it is but dwp said they are having to look across the board come jan at cases who have lost points few months ago and who haven’t as they are now losing 80 percent of their cases at tribunal. Cause I said oh great so I’ll be reassessed In jan and she said with this it isn’t to see who is on too many it’s to correct the ones who have wrongly had it taken off them. So maybe a glimmer of hope that they realising that the system is wrong 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    This is mainly to do with people with epilepsy and some MH conditions with regard to the safety aspect following a court ruling

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    sar123,

    As CR says, this is very unusual, but my best guess is the same as theirs - the DWP didn't get round to telling the tribunal service you'd accepted a revision, and so the appeal didn't lapse. It went ahead in your absence. Or, it was a mistake on the part of the tribunal service to go ahead.

    About the DWP's reconsideration of cases. This should be applied to people who didn't get anything, and people who may not have got a high enough rate, because the principle of doing activities 'safely' wasn't properly applied in the past. The DWP are looking at this in quite a narrow way however. I think legally it applies to many more conditions than they mention, but the official guidance still involves some wrong examples (in my view) and so it can't be guaranteed that people will necessarily get the right awards, even after this exercise. But at least some people should get something they would not otherwise have got, especially if they hadn't challenged their decision. 

    Going back to your case though, if the hearing did not lapse then the decision of the tribunal is the most recent decision. Another possibility however is that the DWP will say that the tribunal decision should be set aside because the tribunal didn't get a document relevant to the appeal in time (in other words, the document confirming you had accepted the standard/standard award). Setting aside usually involves a new tribunal hearing, but in this case the DWP might argue that your right to that has lapsed because of your acceptance of the standard/standard award. 

    It's hard to guarantee what the DWP will do. I'm hopeful they will accept the decision, so I would suggest you approach it by sticking to the fact that the appeal clearly didn't lapse (for whatever reason). However, be aware that the DWP may try to either argue for a set aside, or supersede the tribunal decision (perhaps arguing that your acceptance of the lower award was a change of circumstances which took place after the decision under appeal was made).

    Let us know how you get on!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • sar123sar123 Member Posts: 8 Listener
    Hi thank you for your replies

    I spoke to Dwp today I was informed that court had been informed but may have been too late as two days before trial. Although I had been told it could be done up to,day before. I asked which decision will stand and they said the court. I asked all this before telling them that the court had gone in my favour. She seemed surprised as I hadn’t attended. So fingers crossed that will be the case although I won’t bank on anything. They say that monies will go into my bank as in my letter and then another letter will be issued with the other payments and other amount of backdated pay still owing as levels changed   I really do hope this is an end and I have a little time off before they hit me again. But since last March I have gone for one thought to another with regards to putting myself through the Tribunal. But glad that I did 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Sar
    This does sound positive.

    How long is your award for ?

    The amount of time that tribunals etc. take can eat into your award length, so bear in mind the reviews a taking place a year before end date

    CR
    Be all you can be, make  every day count. Namaste
  • sar123sar123 Member Posts: 8 Listener
    Well. That is the question. My award from the court is for the original time of award so up to 28.1.18. The other letter I got on sat from Dwp where they were doing that lapse thing was set as ongoing. But the court have awarded what was owing to me with no mention of future. So I rang Dwp and they saying I have to reapply. I cannot believe it. Any views on this 
  • sar123sar123 Member Posts: 8 Listener
    So yes I got my original award and it backdated which is good but on the other hand I feel I’m in worse position  I feel as got to start it all again in jan so I assume no payments whilst sorted. I know I’ll get it as entitled due to ongoing health but please I feel sick as my case won’t be ongoing as of that date so have to reapply and do t know what the procedure is and how long it takes. I need advice on if there is anything I can do as Court not saying I’m not entitled quite the contrary. They stating that it shouldn’t have been taken off me last March 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @sar123

    I'm a bit confused as to what you mean by this - is it that the DWP are stating that the award was for a 2 year period so it's now time to renew? or are they trying to argue that the entitlement period has already ended for some reason?

    The (now replaced) reconsideration decision should not cause this to happen - if anything that would extend the entitlement period as could introduce a new award period.

    If it's just that the fixed term is up for renewal, this should not cause your benefit to stop if renewed in time, and is unfortunately standard practice for awards to be reassessed more frequently.

    If on the other hand the DWP are stating that the claim has now lapsed with no enticement, I don't think that would be right - they themselves have just deided to award you PIP even without the Tribunal decision, so clearly they think some award should be made - in this case if you have a decision you could request a MR and/or lodge a complaint.]

    Hope this helps

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • shazz53shazz53 Member Posts: 8 Listener
    Hi anyone knows anything about a wire shopping trolly in a supermarket and pip assessment on this subject
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    sar123 said:
    Well. That is the question. My award from the court is for the original time of award so up to 28.1.18. The other letter I got on sat from Dwp where they were doing that lapse thing was set as ongoing. But the court have awarded what was owing to me with no mention of future. So I rang Dwp and they saying I have to reapply. I cannot believe it. Any views on this 
    This sounds like your award will end on this date. If this is the case you have no time to spare in making a new claim as your money will stop on that date if you have no new decision and award in payment

    CR
    Be all you can be, make  every day count. Namaste
  • sar123sar123 Member Posts: 8 Listener
    Morning. I’m just waiting for something in writing from dwp following all this to see exactly what they put. Then I’m being advised if no continuation date on that. Write stating that I am being penalised and am not being able to make a back to back application. The lady I spoke to was the originally one who attended trial with me originally some years ago. So I’m hoping she will help me with the wording. As I physically cannot provide any more up to date info as they had it for tribunal. And ofcourse I do have that they accepted that I was entitled themselves 2 days before my trial date. 
    Sar 
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