Disabled people
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Can they just stop my payments?

adrianna83adrianna83 Member Posts: 10 Listener
edited September 2018 in Disabled people
Wonder if someone can give me some advice I was awarded low mobility and low living on pip until March 19 by tribuna been getting paymemts every 4 weeks l I went  face to face appointment 4th July this year Friday I rang up and asked wat was happing I was told that they not aware me the living this time but I'll still get low  mobility I asked how can they do this and will i get a payment today which is due but no money gone in my account for nothing and I've not even had letter stating above yet as I rang them can they just stop payment with out telling me first even though man on phone said I would get it today

Replies

  • deb74deb74 Member Posts: 754 Pioneering
    i was on pip and esa and lost my esa in december. i was worried they had taken my pip away as weel so i phoned up to check and i was told that they only stop pip in excetional circumstances.
  • markyboymarkyboy Member Posts: 368 Pioneering
    Why when you were awarded low daily living and mobility till March 2019 did you have a face to face assessment in July and had it took of you 
    They cannot review you before March 2019 unless the tribunal decision states a review date
  • adrianna83adrianna83 Member Posts: 10 Listener
    They said it's normal 12 months before the date to end this is wat I'm getting told no warning or nothing just stopped everything iv rang them and they said it's right I got appointment with disabilty solutions on Monday 10th they said they help  me as it's wrong how iv been treated 
  • markyboymarkyboy Member Posts: 368 Pioneering
    When the tribunal give you a new award they set aside the original award made by the DWP who usually state on their awards that you will be reviewed 12 months before the end but if the tribunal give you an end date without mentioning a review date the DWP must abide with it 

  • mikehughescqmikehughescq Member Posts: 5,992 Disability Gamechanger
    DWP have the power to review any claim at any time. It is a complete myth to day they cannot. 

    @markyboy is confusing ESA and PIP. ESA tribunals can make a recommendation as to when a further assessment should take place, but, it’s only a recommendation and DWP can choose to wholly disregard it. PIP tribunal can either award for a fixed period or on an ongoing basis. They have no power to say when an award should be reviewed. 

    @adrianna83 PIP HCPs only make recommendations to DWP decision makers. Anything a PIP HCP tells you at a face to face is nothing more than what they are recommending. It is perfectly possible they recommended PIP mobility at standard rate but the DWP DM weighed all the other evidence and decided not to award it. 

    Equally nothing DWP staff tell you on the phone binds them either unless they were the actual decision maker, which is unlikely. The only thing you should take notice of is the PIP decision letter. Unfortunately it can be the case that a decision is made, enacted but the decision letter goes awol. So, you have a phone call to make.
  • markyboymarkyboy Member Posts: 368 Pioneering
    My post is only based on my experience and what i have been told by the DWP
    my original award was up till Dec 19 with a review in Dec 18 and when the tribunal decision stated that the award was set aside and the new award would end on the same date i presumed i would still be getting a review in Dec 18.
    Then the DWP sent confirmation of the award but did not mention the review only that i would be contacted 14 weeks before the end date to be invited to apply again for PIP
    I rang them up to clarify this and was told because there was no review date on the decision it would run to the end 
  • trev2819trev2819 Member Posts: 16 Connected
    @adrianna83 you’ll get paid until the date the DWP decision maker made the decision from the info the interviewer passed on. 

    You really need that decision letter now and probably ask them to send you a copy of the Health assessors report as well. Then phone to ask for a mandatory reconsideration . I’ve found best to do over the phone and then you’ve got 28days after that to send a letter to say what bits of the report and decision you disagree with and why. If that doesn’t work, you’ll need to go to appeal again. 

    Massive pain, but currently only solution on offer.
  • mikehughescqmikehughescq Member Posts: 5,992 Disability Gamechanger
    Er, whilst you can ring to do an MR you’re often ringing an outsourced call centre and there’s strong evidence of them not registering MRs at all. You don’t get 28 days from the date of the call either. You get one month from the date of the decision. So if you rang on day 30 of a 31 day month and they don’t register it you’re stuffed. If they do register it there’s no further 28 days. You need to say what you’re saying there and then.

    Far better at present to use https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF
  • trev2819trev2819 Member Posts: 16 Connected
    edited September 2018
    @mikehughescq what you’re saying has not been my experience at all.  Whereas what I wrote is exactly what I did just a few months ago.  In fact, when I rang to check the amount of time I had left and found the previous person I spoke to hadn’t registered the request properly, I was given a further 28 days from the date of the second call ...... so I actually ended up with 6 weeks from the first call to get my letter in.

    As far as the form in the link goes, that’s fine if you only disagree with one or two points, but if you’ve got several more (as i did), it doesn’t have anywhere near enough space to make your case.  So it kind of depends how much needs reconsidering as to whether the form or a letter is best.
  • mikehughescqmikehughescq Member Posts: 5,992 Disability Gamechanger
    That’s simply because you spoke to someone who clearly found evidence of your phone call and non-registration on the system. They haven’t extended anything. They’ve just treated you as a late MR which they will admit. 

    Most benefit disputes boil down to at most 3 issues. If the argument in support of those needs more space you simply add extra sheets to the form. 
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