PIP, DLA and AA
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Pip review confusion

angnryanangnryan Member Posts: 47 Connected
edited May 2018 in PIP, DLA and AA
Recently rang to see if my sons pip review had a decision, was told yes and dates they gave were allowed until his original claim end date March 2019 , I thought you got a revised end date so I rang them back and they said it could be an error and it would have to go back to the person who did it, now I'm worrying they may look at the whole thing again and not continue his award, does anyone know if this is likely or will they just check the end date, I'm in bad health myself but don't claim any benefits for it as it's hard enough coping with sorting out my sons, just need advice as to if they are likely to look at the whole thing again and maybe refuse him or will they just check the dates are correct when it goes back to the person who did it 

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    angnryan,

    If everything else about your son's PIP has stayed the same then this just looks like a mistake - the end date would usually be changed, but it does depend on what has been considered. The end date of March 2019 could only apply again if for some reason they've decided that it's to be a short term award (the minimum is 9 months). That seems unlikely to me, but I suppose it is possible.

    As to the award itself, I can't see any reason why they would change the rest of the decision, but it's not possible to say for certain - it seems likely this is just some sort of administrative error though, and the rest of the decision has been based on the assessor's report as usual, so I can't see why it would be changed.

    Technically it's a DWP case manager who decides on award lengths, based on the advice of the health professional, and I don't think the DWP are saying that they are going back to the health professional here. It's more likely that it's an admin error, or (just possibly) a very short-term award has been made for some reason.

    If it turns out the award is only until March 2019, then that decision is appealable (following a request for a mandatory reconsideration), although that is always a difficult decision to make tactically as with an MR request, the amount of benefit can be reconsidered.

    Sorry that I can't be more reassuring but it does sound as if the amount of PIP will be as before. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • angnryanangnryan Member Posts: 47 Connected
    It was a pip review form, ticked no change ,and was paper based decision except for couple of questions she rang to ask before decision was made, what I don't understand is why they are saying it might take ten weeks ,I didn't ask for a mandatory reconsideration just queried the dates, but as they are saying ten more weeks to find out I'm hoping they didn't think I wanted a mandatory ,I don't know if I should ring again but I don't want to make matters worse and I don't know what to ask, can you offer any further advice please 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    angnryan,

    If the date was on the official decision letter than asking for the date to be looked at again is a mandatory reconsideration request...To put it another way, if you don't agree with the length of an award, the DWP might quite naturally assume you are asking for an MR, if you see what I mean. 

    You might want to ring up & say that you are NOT asking for the date to be looked at again, you just want to check that the date is the correct one on the official decision, and if it is correct you would like an explanation, but you don't want an MR. I do think you should tread carefully because the length of the award is appealable just as the amount is, so make it clear you don't wish to challenge the decision, just check what it actually is.

    I'd also bear in mind that case law has said several times the DWP can't change an award just because they have carried out a review, so unless something HAS actually changed in what your son can and cannot do, it's not clear they would have grounds to change the amount. 

    You should get something official in the post in any case.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • YadnadYadnad Posts: 2,856 Member
    angnryan,

    If the date was on the official decision letter than asking for the date to be looked at again is a mandatory reconsideration request...To put it another way, if you don't agree with the length of an award, the DWP might quite naturally assume you are asking for an MR, if you see what I mean. 

    You might want to ring up & say that you are NOT asking for the date to be looked at again, you just want to check that the date is the correct one on the official decision, and if it is correct you would like an explanation, but you don't want an MR. I do think you should tread carefully because the length of the award is appealable just as the amount is, so make it clear you don't wish to challenge the decision, just check what it actually is.

    I'd also bear in mind that case law has said several times the DWP can't change an award just because they have carried out a review, so unless something HAS actually changed in what your son can and cannot do, it's not clear they would have grounds to change the amount. 


    Personally I didn't know until a few weeks ago courtesy of Mike Hughes  that you could ask for an MR on the length of the award. I thought that it was fixed by the DWP with no argument allowed. I am now more confused, if you get a decision and don't agree to its length are you saying that the DWP cannot change that decision unless a change of circumstances has occurred? So if one was to ask for an MR for the length that is the only thing that they can touch?

    I thought that an MR in itself was an open invitation for the DWP to re-look at the decision again AND review the length of the award? 
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