PIP, DLA and AA
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' Any Time Review ' of PIP?

PM77PM77 Member Posts: 2 Listener
edited September 2018 in PIP, DLA and AA
Hi I was receiving DLA  then I received a letter from ATOS saying if I still required this benefit it was changing to PIP and to complete the PIP Assessment. I sent it back and within a few days I received a letter saying that my claim was denied - no assessment done. I asked them to review this decision again and within two days the answer came back - ' we have not changed the decision. Again no assessment done. at this time I was not use to the DWP or ATOS. I naively thought they were there to help and support claimants. I did not realise how corrupt and unfair the whole system is.. Since then I have applied at least five times. Once I got as far as the UTT and no decision. - I felt the Judges are also biased.. I was told to ask for a Judicial Review. This was not possible as I could not get legal aid from countless solicitors for DWP Benefit Cases. Also I could not afford the fee of the Judicial Review if I lost the case. There is no justice for the disabled. I am considering requesting an ' Any Time Review of all my PIP Claims as for seven years I have been disabled and no financial support so I feel I have to at least ask for that - has anyone else asked for an ' Any Time Review ' of PIP?

Replies

  • Ami2301Ami2301 Community Co-Production Group Posts: 7,472 Disability Gamechanger
    Hi @PM77
    Welcome to the community! Sorry to hear what has happened, unfortunately I have not experienced anything like this therefore I am unable to advise, sorry. However another member of the community may know and will be in contact with you soon. I wish you all the best :)
    Disability Gamechanger - 2019
  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @PM77,

    I'm sorry to hear about the problems you've been having with your claims for PIP.

    @BenefitsTrainingCo, would you be able to advise, please?
    Liam
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    Hmm. I can see some fundamental issues here.

    1) You need grounds for an any time review. What specifically are yours? How would they differ from the grounds you used to appeal unsuccessfully? If they don’t then you will fail. Simple as that. 

    2) Absolutely pointless asking for 7 reviews. What would you do if number 1 succeeded; number 2 did not and so on? You have a mess which, to be blunt, you are in danger of turning into an irretrievable mess. You need to choose 1 to go at. It’s not a random choice. You would need face to face advice as to which, if shy, would even have half a chance. 

    3) There is no requirement or obligation to have a face to face assessment. Cases can be decided only on the claim pack and other evidence. There is nothing corrupt or unfair about that. It occurs in 2 situations. 1 is where they are satisfied they have enough evidence to make a decision. In almost all those cases an award would be made. 2 is where there is nothing in the claim pack to suggest someone comes near entitlement so there’s simply no point in arranging an assessment as fundamental conditions of entitlement are not met.

    4) Multiple applications are almost always detrimental. You are simply not going to find anyone anywhere who succeeded at the 7th attempt unless they had a radical change of circumstances. I’m not sure whether anyone has said this to you before but it reads to me as though you’re simply not entitled. Not everyone with a condition or impairment is. That’s why thresholds are set. Some people are undoubtedly disabled but fall below the threshold. After whatt sound like 7 failures it’s hard to make a case that there was no good reason for all 7 to fail. 

    5) Whilst there are first and upper tier judges I might profoundly disagree with I’ve yet to come across anyone with a bias. They are wholly independent of the DWP and like it or not that is absolutely how they act. I’ve been dealing with them for over 3 decades and I’ve seen some who were frustrating, rude, idiosyncratic, not fully up to speed with the law and so on, but bias? Never. 

    6) You don’t say whether you pursued these issue yourself or with assistance. Has anyone ever sat down with you and identified the specific points they think you ought to score and why? What were they? After 7 claims you must surely know them off by heart? However, if no-one has done this or you can’t soecufy then that’s your starting point not 7 any time reviews!!! 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    PM77,

    Hi there. Sorry to hear about all your problems with PIP. It is surprising that you never had a face to face assessment, but on the other hand this would depend very much on what you said on your questionnaire (PIP2) and any medical evidence you supplied.

    I'm afraid I broadly agree with Mike's comments above. First of all, I certainly wouldn't request an any time review for all the decisions. It simply wouldn't make sense. I would have to think more about when the decisions were made, and what had changed in the meantime. Also, the decision which was subject to the UT decision seems highly unlikely to be challengeable.

    As Mike also says I would also want first to establish on what grounds you are entitled to PIP, that is, how you would score at least 8 points in either the mobility or daily living activities. If you haven't ever looked at this (& you may already have done so), then you could try using the PIP self-test as a starting point.

    The general ground for an any time review is an official error. I'd be surprised if you could use this for the UT decision as it would be very unlikely for an official error (particularly an error of law) to be made there, and if there were, you'd have to identify it. And would you be in time to challenge the UT decision anyway? That would have to go to the Court of Appeal, if you are arguing there was an error of law,  or be challenged via JR - which you would not normally be given permission to do if you have the right of appeal to a court. Time limits apply for seeking permission to appeal, although they can be extended.

    For the other decisions, you may have got as far as the first tier tribunal (and so could be out of time for requesting permission to appeal). Or you may not have gone to tribunal at all, but still, you'd need to show an official error in the decision you are challenging. What is the official error? As well as errors of law, it could be that there was relevant evidence the DWP failed to take into account, or failed to pass to the decision maker, or they failed to ask you something relevant to your claim. But all of this should have been considered at first tier tribunal, and almost definitely at UT. 

    Finally, I think you'd need to consider how old some of the decisions are simply because your condition may have changed since then. As Mike says, it is unfortunately possible for a genuinely disabled person not to be entitled. But it very much depends on what points you think you should have got - if you can show this, then one of the decisions may be worth challenging, but I'd be careful about which one you go for and I don't see how you could challenge the UT decision or any decision made at FTT without a late further appeal or (possibly but unlikely) JR.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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