PIP, DLA and AA
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PIP review - does it apply to me?

bazzgreggbazzgregg Member Posts: 4 Listener
edited April 2018 in PIP, DLA and AA
need advice, received standard daily living pip, nil mobility sept 2016,mandatory dec  was same, would have won my appeal, but october/december 2016, mother was being diagnosed with terminal illness, so missed chance to appeal, now i see this pip review,mental health, not sure if it applies to me, or not, please help ??

Replies

  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hello @bazzgregg and a warm welcome to the community. Good to have you with us.
    You need someone better qualified than I am to respond on this, so please bear with us and somebody will get back to you as soon as possible.
    Warmest best wishes to you,
    Richard
  • bazzgreggbazzgregg Member Posts: 4 Listener
    thanks, even my CAB advisers are muddled with this REVIEW, mental health thing ;-)

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @bazzgregg

    Good Evening & Welcome to our Online Community.

    It’s great to meet you today.

    We have got some “Benefit Advisors” here on our site.

    I think that we need to pass it to them for there input.

    I do hope that you are ok with this???

    Please please let me know if there’s any problems with this???

    Unfortunatly they only work mon-fri for 1hr per day.

    Hi @BenefitsTrainingCo

    Can you please help me with this post????

    Many thanks.



  • bazzgreggbazzgregg Member Posts: 4 Listener
    thanks, will wait for their input ;-)
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @bazzgregg
    If you have been turned down for PIP since December 2016 and struggle to make journeys because of psychological distress then the Government say they will look at your case as part of their review and write to you if you could be entitled to more support.

    If you were turned down for PIP before December 2016 then the Government say they will not automatically look at your decision, but that you might want to consider making a new claim to PIP once they have finished their guidance. 

    via MIND website

    Scope
    Senior online community officer
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi bazzgregg

    Late appeals can be accepted up to 12 months late. If the mandatory reconsideration notice in your case is dated within the last 13 months you should post again as it may be possible to appeal your decision and get paid the arrears. If it is dated more than 13 months ago then i'm afraid it will simply be too late to appeal. 

    As Sam says it might be necessary to ask for your existing PIP award to be looked at again if you are affected by the changes to legislation earlier this year regarding overwhelming psychological distress. If you do this and are successful the new decision will take effect from the date you contact the DWP. The changes followed a successful test case in November 2016 that wasn't originally fully implemented by the government. There is a rule which means decisions made before a test case are not affected by a test case, only decisions made since. This is why people may need to make a new claim, or in your case ask for your award to be looked at again. The government has said nobody will have their awards reduced as a result of the exercise to implement the judgment, although technically i don't think you can rely on that. If you decide to ask the DWP to look at your decision again it may be worth asking them to do it as part of the exercise following the decision to implement the decision in MH.

    For details of the government's position see the minister's letter here.

    David


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • bazzgreggbazzgregg Member Posts: 4 Listener
    surely if i have been moved from dla to pip, incorrectly and illegally, although circumstances of my mother didnt help, by me missing time to  appeal, then a judge has ruled from, november 2016 people such as myself are legally entitled to more help, dosnt dwp have a duty to implement this ruling on my running claim, since he test case was awarded 2016, surely i am entitled to £60/80 from the moment of that ruling ??

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