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PIP stopped by DWP even though Tribunal granted PIP until September 2018

robstanrobstan Member Posts: 2 Listener
Hello everyone.  Does anyone know if the DWP can legally stop paying PIP.  I was awarded PIP, via Tribunal, almost two years ago.  The Tribunal ruled I should be payed PIP up to September 2018 however, I have recently had another PIP assessment and the DWP have ended my PIP claim.  I would like to know if the DWP have the right to end my claim early or should the DWP be respecting the Tribunals ruling ?
Regards
Robert

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi robstan and welcome

    It is normal practice for the DWP to re assess a year before the end date of your award. Unfortunately when a new decision is made that supercedes your old award.
    Sorry but you now have to go through the MR/appeal process again

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi robstan - as CR says, early reassessments are common practice, and the DWP's new decision outweighs the tribunal ruling. As you've been down this path before, you will know that the next stage in the process is mandatory reconsideration and then appeal if your MR is unsuccessful. You will need to get precise information about the points you were awarded, and think carefully about the points that you think you should have got, and how you can acquire medical or other evidence to back you up. 
    There is very helpful information about PIP MRs and appeals in the members' section of www.benefitsandwork.co.uk. Although this is partly a subscription website, people on benefits get a much reduced rate, and access to very comprehensive materials which go through all the activities and descriptors in fine detail, to give you an excellent guide in how to prepare your case. You can also have support from their online moderators. There are also excellent free resources on this Scope site, Disability Rights UK and Citizens Advice.
    Good luck with challenging your case. Remember that the mandatory reconsideration success rate is very low, so don't be put off if you get another 'no' at this stage - as you have found out before, the success rate at appeal stage is pretty high, so keep going even though it feels like hard work! The Scope helpline on 0808 800 3333 may also be able to give you information about local advice agencies which may be able to support you through the process.
    Good luck, and don't give up!

    Jayne
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi Robert 
    I am in the same boat as you, a Judge awarded me PIP until June 18 but DWP following a reassessment have decided I am no longer entitled and have stopped all payments.  I have sent them a copy of the Judgement which they should have had on record anyway and asked why I needed to be reassessed before that date..

    In retrospect when receiving the new book of stupid questions I should have just sent it back blank with a copy of the judgement notice.  But stupid confused me  rang DWP who told me to fill in the form anyway and just answer the questions about my situation as of after the date of the Court decision.

    I don't have much legal experience but to me if a Judge has made a decision and it is written on a legal document that you shall receive xyz until xyz, how can DWP decide otherwise without taking it back to the Court???

    We need to challenge this, Hugs

     
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi Jayne

    Why should the DWP be able to just over rule a tribunal decision without taking it back to court and at least give the claimant the chance to respond before making them jump threw more hoops? 

    To me this makes a mockery of the whole Justice system. If someone took me to court and they won I would either have to pay up and shut up or contest the decision.  So why do the DWP have these special powers to completely ignore what a Judge has told them to do?

    What is the point of going through years of stress with appeals (when your ill) to win and then basically be told, sorry we know what the Judge said but we have decided you have not suffered enough yet and we want you to suffer even more so we are stopping the payments the Judge said you need and are entitled to.

    Obviously.... Its because they need to save money in order to pay companies like Atos to get new recruit's enrolled on their lying bar steward training course.

    Phew..... glad I got that off my chest : ))

    I am seriously thinking of taking the DWP to Court for not abiding to my appeal judgement.  Would be interesting to know if anyone else has done this previously and what the outcome was?

    Lots of love to all you unfortunate ill people X



     
  • sue66sue66 Member Posts: 124 Pioneering
    Hi Jayne  discussing this with my son and partner right now. It would seem that maybe the judge in these cases isnt like a judge in a court of law which is why DWP can take it all away again. I agree with all you have said and yes take the DWP to court if you can. I wonder to if anyone else has done this and won..  And i certainly 2ncd what you say,  
    Lots of love and deep sympathy to all the unfortunate ill and suffering people out there.  xx
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @sleepy1 Someone has just won a court case against ATOS for the damage done to their health after their assessment and seeing the report so if you can't get a judgement on the claim being stopped too soon this may be another option. @Jayne_Scope Chances at MR may be better now the target of 80% rejections has been lifted so maybe a good time to not mention the low success rate at MR or at least to say about the change in the DWP outcome statistics. 
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