PIP Review

Steph81

Hi All, I finally couldn’t take the suspense anymore, and called DWP today about my PIP Review!
Not heard 8 weeks since sending back the forms with evidence...My shock When adviser told me a decision had been made, and I keep my award until 2021 without a f2f!
Thanks to All who responded to my plight and keep up the fight...Going to have a cuppa now to calm down

Smithkaty123

Get to find someone to help me fill out the form 

dottydotty

Steph81   enjoy your cuppa .You are one of the success stories  well done .

wildlife

@maid08 you can report your assessor to DWP as they are the people who have set the rules that I posted so they should be told if there are assessors who aren't registered. 

maid08

wildlife said:

@maid08 you can report your assessor to DWP as they are the people who have set the rules that I posted so they should be told if there are assessors who aren't registered. 

have done  not that it seems to mater they just note it

Steph81

Hi dottydotty, thank you for your kind words.

smithKaty - try Citizen Advice or local welfare rights / community law centres to see if they can help with completing forms. 
Have a blessed day.

dottydotty

Steph81 Thankyou  . I had a meeting with CAB and they drafted my initial letter for the reconsideration . I have also sent sent up to date medical evidence that the assessor did not even look at . Have saved a bit of info for the tribunal should it come to that , Just glad to know there are happy endings for some . I bet you sleep a lot better now the stress is over. Best wishes and enjoy your day .

dottydotty

Steph   I had to wait 23 weeks after sending my review form in  for any reply , and then it was just a letter from Capita saying about an assessment . and yet it took only one week for a decision letter from DWP after my assessment .

benjamin007

I had my tribunal yesterday, they told me they were not interested in any additional medical evidence since my assessment so why do they ask you to send this additional information if they don't take it into account, what a terrible experience ,felt like I was being interigated by police , really nasty sarcastic people most probably a doctor and Judge who have been struck off and can't get a job anywhere else !!

dottydotty

benjamin007   dare I ask . did you get your award reinstated ?    The reason I sent my medical evidence to DWP the assessor was using medical notes from june 2014 , a lot has happened in 3 1/2 years . What is your next plan of action ,  can you reapply . make a  fresh application ? 

benjamin007

Hi dottydotty, i was getting DLA indefinately since 1999 middle rate for care and high rate mobility, following a PIP assessment last April the examiner told lies and the decision maker at DWP reduced my mobility to standard rate so I had to give my car back. the reason I appealed was because the decision maker said I can walk 40 metres she actually added 2x 20 metres together because the girl at the assessment said I walked about 20 metres into her room and the same out of her room but there was 1 1/2 in between  whilst I was sitting down, I said surely you can't justify adding the two together but they were not interested. they left my award at the standard rate for both daily living and mobility so I am still without a car. I don't know the procedure now , do I put in a fresh claim for PIP as I would not want to go through that again such horrible people x

dottydotty

benjamin007  Really sorry to hear how badly you were treated .I lost all my award so have nothing to lose by going to tribunal . or I could just reapply .  My assessor also multiplied the distance I could walk , despite me  telling him I had to stop and rest several times . Don't know how the system works but I think as you are already awarded some you probably have to get in touch and tell them your circumstances have changed  and your walking has got worse etc . good luck .

benjamin007

Thanks dottydotty and good luck with your tribunal but just be on your guard they don't take any additional medical evidence into account, have you got a date yet ?

CockneyRebel

You cannot make a new claim if you have an award in payment.

You can ask for a change in circumstance if you have a new or worstened condition but this is likely to trigger a new assessment.

The tribunal will only consider evidence of your condition at the time of assessment any new evidence must relate to that time

CR

dottydotty

CockeyRebel  Thankyou  I wasn't sure about new evidence . but the evidence I sent to dwp  was the evidence the assessor took no notice of , therefore it did not get recorded on his report. Still no reply from Capita regarding my complaint,  was hoping to have this in time for RM decision.  I may be too late now to address the errors in  assessment  report.  I did also  mention to DWP that I sent my review form back, in June but heard nothing more until Dec  almost 6 months , . . But only took a week from assessment to decision letter .

dottydotty

benjamin007  still awaiting reply from my reconsideration  request .  

BenefitsTrainingCo

Hello Benejamim007

Your case is complex and if at all possible it may be worth you seeking help from a local CAB, advice centre or law Centre.  I will however try and explain your options.

Firstly, the medical evidence that was given to the tribunal.  Was it about your current health or did it relate to your health at the time PIP was reduced? Did the tribunal ask you this question or look at the evidence before deciding it was not relevant to your appeal? Was their a lot of evidence?

As CR posted it is only your health as it was at the time of the decision to reduce PIP that the tribunal can take into account.  If there has been a change since this date and the medical evidence that you took explained this change a tribunal cannot take this into account, however if the evidence talked about a pre-existing and unchanged condition then it is arguable that a tribunal should have taken your medical evidence into account.   

You have several options, you can do them separately or both together:
1. You can ask for the full reasons for the decision (and record of proceedings which is the hand written notes taken at the tribunal). At the same time you could ask that the tribunal be set aside (that is cancelled) given that relevant medical evidence was not accepted. 

You must make this request in writing and within 1 month of the tribunal decision date. Quote your national ins. number and appeal ref in the letter, state that it was a PIP appeal and the date of the tribunal. Then detail your request.

If the tribunal decision still stands you will then need to show that there has been a legal error. There is a  1 month time limit, and so post again or seek advice as soon as the tribunal have told you their decision about the set aside/given full reasons for their decision to award standard DL and standard mob. 

2. As posted by CR you can request a supersession based on a change in your health.  This will re-open all your PIP claim,  which means that PIP are likely to call you back in for a medical assessment and assess you again for both daily living and mobility.  Although it is rare, the DWP can take away, or reduce your award as well as increase it. 

Like I posted your case has different complex strands and it may be worth seeking face to face advice and assistance.

Good luck

Maria

Scissorhandsjack

When you have your pip review do they stop your money if you have to go for a face to face assessment 

Government_needs_reform

Scissorhandsjack said:

When you have your pip review do they stop your money if you have to go for a face to face assessment 

@S@Scissorhandsjack

No, payment carries on until you've been re assessed, until a decision is made on your current award, it may mean another FTF assessment, or Paper Based if they feel your evidence is robust.

fiona510818

I have had two face to face reviews within weeks of each other had a txt from dwp on 6th September saying they had reciveed  all information and I would hear within four weeks but still not heard anything how long does it normally take