If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.
DWP have backed out of PIP Appeal?
sleepy1
Member Posts: 299 Pioneering
Hi all, not sure if this is just good news for me or perhaps many others as well who are waiting for a PIP tribunal.
Got a letter today from Tribunal Services saying the Appeals Officer has revised the decision on your case and the new decision is a more favourable one, your appeal has now lapsed. I thought initially how dare they as I have only sent in a very brief outline of my appeal and not had the chance to submit any further evidence.
Having spoke to someone at TS was told that the appeal has lapsed because the DWP have withdrawn from the case without giving any reason. Just checked my bank account and have been paid a PIP back payment from when they initially stopped my claim, which puts me back to the same position before they cancelled it.
Not sure why this has happened but it did cross my mind that it might be more to do with this:
https://www.theguardian.com/society/2018/jan/19/esther-mcvey-makes-disability-benefits-u-turn-over-payments
Got a letter today from Tribunal Services saying the Appeals Officer has revised the decision on your case and the new decision is a more favourable one, your appeal has now lapsed. I thought initially how dare they as I have only sent in a very brief outline of my appeal and not had the chance to submit any further evidence.
Having spoke to someone at TS was told that the appeal has lapsed because the DWP have withdrawn from the case without giving any reason. Just checked my bank account and have been paid a PIP back payment from when they initially stopped my claim, which puts me back to the same position before they cancelled it.
Not sure why this has happened but it did cross my mind that it might be more to do with this:
https://www.theguardian.com/society/2018/jan/19/esther-mcvey-makes-disability-benefits-u-turn-over-payments
Replies
This is really good news to share and I'm pleased for you to have reached a point of relief it's finally over
Bw
Hopefully mine is not an isolated case and the same letter will be whinging its way to many others.........Who will no doubt be doing Stan Laurel impressions as we speak
Yes certainly am relieved (for now) and many thanks for your warm feelings. As pleased as I am hope its not just me and many others will have some of the same good news.
Thanks for sharing that information and as you say hopefully others will be receiving the same letter.
If you don't mind me asking was your appeal for the planning and following journeys descriptor?
My appeal was that I was unable to get to the harasssessment centre in time for my appointment......so that could may well come under that descriptor. Good point!
Had to cancel first appointment because my son who was going to take me was unable to due to work commitments. I asked for a home assessment but was told NO. Why? Because you have a son that can take you! Long story cut short I was unable to plan or execute a simple journey
Sorry for late reply, went off to call PIP to get more info but ended up falling asleep and have not long woken. Will try again tomorrow as I want to find out why they decided to drop my case so I can determine if this is an isolated one or if it is some directive being enforced following the DWP backtrack.
In answer to your question, no I did not receive any appeal bundle ( seems it did not get that far) only a letter to say my appeal had been logged. All I did for the appeal was jot down a few very brief points of why I thought the DWP were wrong to stop my previous award. Spent most of the weekend shuffling bits of paper around and writing notes to add to my evidence for the appeal. Then got the letter today to say the appeal had lapsed.
Someone somewhere must know why?
I just wish I had more energy to do a lot more X rosie
Thsnk you for sharing your news
Mark Atkinson, chief executive of disability charity Scope, said: “It’s absolutely right that the government has accepted the high court’s ruling over the ‘discriminatory’ changes made to PIP last year. This announcement is a victory for the many disabled people who have been unable to access support they are entitled to.
Guardian Today: the headlines, the analysis, the debate - sent direct to you
“The regulations introduced last March made crude and unfair distinctions between those with physical impairments and mental health conditions.”
He argued that thousands relied on PIP to live independently and meet “often substantial extra costs” as a result of their condition or impairment.
“While those affected by these misguided changes will now receive the payments they are entitled to, the fundamentally flawed PIP assessment process still needs radically overhauling so it accurately identifies the extra costs disabled people face,” he added.
Labour’s shadow work and pensions secretary, Debbie Abrahams, said the government was wrong to bring in the new regulations and ignore the view of the courts “time and time again”.
But she added: “Serious questions remain including: how many people have been adversely affected by the government’s reckless decision to oppose the tribunal’s original judgment? How much public money has been spent on lawyers, trying to defend the indefensible? And how quickly will people with severe mental health conditions receive the support to which they are rightly entitled?
“This is yet more evidence of the duplicity and disarray of the Tories’ social security policies.”
.................................................................................................................................
IMO Mark Atkinson should have the word sir in front of it, but my guess would be he would not give a flying duck about that.
After speaking to someone at PIP it turns out that they have now reconsidered my case and decided that I should have been entitled to a home visit. The assessment people will contact me to arrange my interrogation in the next few weeks. Can't wait ; )
Sorry if I mislead anyone into thinking DWP had started reassessing all the PIP cases they got wrong, I really thought it might have been the start of that but it appears not.
Back on the merry go round again
Just sending an update. After being told by someone at DWP my pip appeal had been cancelled because they agreed I should have been allowed a home visit and a letter explaining this was in the post (still not received). I did however receive a new Award Review form to complete on 14/02/18 soon followed by a new f2f appointment letter for 23/02/18 at an assessment center around 50 mile trip away.
Spoke to someone today at pip and was told the appeal was lapsed by tribunal services because they (DWP) were now able to offer me another assessment and whoever told me it was for a home assessment got it wrong! Was told they are working with very limited resources and to arrange home visits are very costly and I would need to be able to provide substancial evidence to justify the huge cost involved. (perhaps if they stopped mucking us all about that might save a bit of money).
Gist of it is last time I could not make it to the assessment center less than a mile away so how do they now think I can get to one 25 miles away, also even if I did manage to complete the new forms they have sent me the assessor would not have that information in time so will only assess me on the same information I give previously, so what is the point? Answer was our assessors are totally independent and any information you send in to us following the assessment will be looked at by the decision maker.
Fed up of all these lies : (
I would seriously think twice before putting in a new claim. You say you have nothing to lose but from my understanding you certainly do because if you previously had an award that was taken away you will be kissing goodbye to any back payments that you would be entitled to should you have the MR go in your favour or win at an appeal.
I won my last appeal (in the end) and they had to pay me a large sum that was back dated from when they first stopped it which helped me pay off the debts that I would not have had if they had listened to me and more qualified healthcare people instead of some bonus grabbing toerag from Atos.
I spoke to my decision maker after they took my award away and she kept telling me all you need to do is put in a new claim (insert own swear word). That's what they want you to do so they can meet targets and collect a bonus from the money you should have got.
Please consider getting more qualified advice before making a new claim as I can only tell you from my own experience and each case will be different.
Love and best wishes Rosie
concentrate on your current claim through MR and appeal.
If you haven't had a result from your appeal you can still put in a new claim in July
CR
CR
I can now see why you would be concerned about the timing issues doing a new claim and I don't have enough knowledge to advice you but I would think as Cockney says stick with the one you already have on the go. I would think if you did put in a new claim they would have to take it from the date they receive it, so hold off for now.
My current award according to the Judge on my appeal ends in July 18 but apparently dwp are entitled to do a review at anytime irrespective of any court ruling. The review forms were sent to me in June 17, I sent them back with no change for most of the questions even though things had got a lot worse, was too ill and could not be bothered with all the hassle of gathering more evidence and had read on another site that was the best thing to do.
On this latest adventure in to the unknown was told by dwp it would probably be at best 8 weeks before I would hear anything about a home visit THEN a few days later get a letter for an appointment for a f2f 25 miles away this week.
So that is the time scale Dotty from my end. I won't be going to anymore of these bullshit assessments, hugs rosie
CockneyRebel Thankyou .for the advice . .