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Decision

cher77

Hi all won a tribunal in march this year which meant i would still get enhanced for both anyway had to have another f2f assessment in August this year just got my decision back and now I'm only getting standard daily living but kept the enhanced mobility the reason i won the tribunal is in fact I've gotten worse and got other illnesses and they worked in my favour so how can i get awarded daily living it makes no sense please someone help me please

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cher77

Forgot to say got 9 points for daily living then when it went to tribunal got awarded 13 points but now for daily living got 9 again when I've got worse and they had the evidence

poppy123456

Hi,

If you disagree then you have 28 days to request the MR and the process starts all over again, i'm afraid. Put your request in writing stating what you disagree with, where you think you should have scored those points and your reasons why. Good luck.

cher77

Yes been through that process so i know what to do it's do annoying only won the tribunal in march then another f2f in August i was stressed 1st round so this time they they are taking the Mick even with the extra evidence thanks @poppy123456 x

Yadnad

It seems to be the case I have read where the DWP will have to accept a Tribunal's decision but come a re-assessment they will reduce the Tribunal award down to what the DWP decided. Their reason is that they believe that the Tribunal was far too lenient and wrong in making their award and that the DWP are now rectifying it.

BenefitsTrainingCo

Hi cher77,

If the DWP have changed the decision before the tribunal's award period had ended they have superseded the decision. They can only do this if they can prove that your condition has improved and your needs lessened. Telling the DWP this won't make any difference as they don't listen or understand the regs most of the time, but it may help you to win the tribunal next time as a legal matter rather than going through all the questioning again on the daily living and mobility tasks.
Please don't give up though. I know it's hard and it's tiring appealing all the time but we can't let the DWP do what they want and we can't let them get away with poor decision making. You owe it to yourself and all the other disabled people in the UK to keep fighting it! All the very best.

Lee

cher77

Thanks @Yadnad and @BenefitsTrainingCo my award once won the tribunal this march was until November 2020 but they said i will get a questionnaire and to fill it in which i recieved and filled in July this year then an appointment for f2f this August and now like i said my award has changed but I'm worse now than before and that's what i won at the tribunal as they was in my favour so having another f2f within months and my benefit changed all within a few months I'm ringing tomorrow for a mandatory decision but I don't know what you say as they got all evidence from me and the tribunal I'm seriously at my wit's end x

cher77

And they've still only awarded me until 2020 but my condition is only going to get worse plus I've been diagnosed recently with COPD I'm only 41 and feel 60 lol also sufferering with depression x

CockneyRebel

I am sure that you are aware that a diagnosis does not mean anything to the DWP. However, if you have received the diagnosis since your f2f then they won't take your new condition into consideration. This would require that you put in a change of circumstance if this has caused a significant worstening of your abilities.

You say that your award is until 2020 so do you have a reveiw dated in 2019 ?

Have a look at your assessment report, the assessor cannot make recommendations on what might be but also recognise that your condition is likely to get worse in the short term and therefore suggest an early reveiw.

Yadnad

BenefitsTrainingCo said:

Hi cher77,

If the DWP have changed the decision before the tribunal's award period had ended they have superseded the decision. They can only do this if they can prove that your condition has improved and your needs lessened.

Lee

Yes, but as the regulations allow the DWP to re-assess anyone at any time there is little that you can do to stop them.
You are right the DWP do have to show good reason why they have changed the award at this time.
Am I not correct that a new face to face assessment, new claim form and a new functioning report could well be all the evidence that the DWP need in showing why the award has had to change?

cher77

Hi @CockneyRebel i did my change of circumstances before my f2f assessment no review date 2019 just says November 2020 and I am only going to get worse in time I've just rung up and sent of my mandatory decision with the evidence the assessor didn't write down or photo copy thanks for your replt

cher77

There is no reason given why they have scored me 9 points for daily living due to assessors report he said i was walking ok when in fact i was in a wheelchair he also said that i didn't take any evidence when in fact took loads and other stuff just like 1st time round at this stage most of it made up

cher77

Hi all just an update I've done my mandatory thing sent all evidence with it now they say it can take upto 6 weeks to review I'm not holding any hope and i know that i will have to take it to a tribunal again after winning tribunal may this year I'm not sure what i would send to the tribunal as I've only got the evidence i sent 1st time round I'm in more pain and recently diagnosed with COPD still waiting for an adapted house any help would be appreciated x