mobility/mental health change of law nov 16

sparkle22

Has anyone had a letter about the PIP mobility/mental health change of law, I've not seen much mention of it. Has anyone actually been awarded any backdated money?  Does anyone know the order they are doing the review in?

poppy123456

Hi,

There's no order to the way they're reviewing all those claims. There won't be a re-assessment, they just look at the claims and the evidence given at the time and make a decision from there. The descriptors changed yes but it's even harder now to score points for following and planning a journey than it was before.

Once they've reviewed your claim they'll write to you with a decision but how long this could take is anyone's guess. I was sent a letter about 5 weeks ago saying they had review my claim and as expected the decision remained the same, as i don't claim for mental health reasons.

There's no need to contact them, they'll contact you. I've not yet heard of anyone that's received any backdated money because of the changes.

sparkle22

Thanks for the reply @poppy123456
So you've heard back already, thats interesting thanks,  its just frustrating when you think you're entitled to mobility, and not getting any, and have no idea what their decision will be, or when it will be. Its not worth me reapplying to try and get mobility now, as I'm due a planned review any day, (care award ends Jan 2020 with a planned review from Jan 2019) 
But I've heard from other posters that planned review forms are currently being delayed due to work load. 

When you say its harder to score points for following and planning journeys, in what way is it harder? 

Thanks 

Yadnad

sparkle22 said:

But I've heard from other posters that planned review forms are currently being delayed due to work load. 

Thanks

There is considerable delay and backlog but not in the issuing of the forms for a planned review. That is carried out automatically.

The delays and backlog are affecting the assessors getting round to inviting you in for a face to face and the DWP in getting a decision out.

CockneyRebel

At the risk of poking a sleeping bear with a stick, if you don't receive your renewal invite soon, you might ring the DWP as it is not unheard of that forms do get " lost in the post ". If this happens then your claim could be denied through no fault of your own

poppy123456

I agree that there's no delays with sending out review forms and i'm not sure where you heard that from but it's not correct. If you were due to be contacted in January then i'd advise you to ring DWP. If they've sent the form and you haven't received it then it could cause problems with your current award. If the form isn't returned on time then they will stop your payments. Usually they send the forms are quite quickly for reviews on PIP, i received my daughters form exactly 1 year before her awards ends.

sparkle22

Thanks for the replies. I'd read on a couple of other forums that people who were expecting a review form during January 19, because they had a longer award ending january 2020, hadn't received one, one person had called DWP and asked and were told they would get a form in July instead, as they were struggling to cope with new applications, along with the planned reviews and the extra reviews from the law changes. The other person hadn't rang, I havent rang myself yet. But I will do as I dont want any issues. just need to psyche myself up for it!

poppy123456

What you've read on another forum is incorrect. There's no delays in any reviews, you're contacted 1 year before the award is due to end.

If you were awarded by a Tribunal it's different and you'll be contact 14 weeks before your award is due to end.

sparkle22

Thanks I’ll give them a ring and ask about the review form. 

sparkle22

I found this online:

The department has prioritised checking the claims of individuals whom we know from our systems to be terminally ill. Other cases will be reviewed in chronological order, starting with the earliest cases first ensuring that those who have been waiting the longest benefit at an early stage.

DWP management information at 23 November 2018 shows:

• around 140,000 cases have been reviewed and cleared
• around 1,000 payments have been made to qualifying claimants
• the total amount of additional payments the department has paid out to qualifying claimants is around £5 million
• the average additional payment is around £4,500

 

keira

@poppy123456 Can you please explain why it's even harder now to score points for planning and following a journey than it was before. Thank you.

poppy123456

keira said:

@poppy123456 Can you please explain why it's even harder now to score points for planning and following a journey than it was before. Thank you.

More focus has been put into overwhelming psychological distress (OPD) If you're suffering from mental health then OPD must be present for you to score any points in following and planning a journey. For example those that are actively suicidal or who are at substantial risk of exhibiting violent behaviour would score points.

Yadnad

poppy123456 said:

keira said:

@poppy123456 Can you please explain why it's even harder now to score points for planning and following a journey than it was before. Thank you.

More focus has been put into overwhelming psychological distress (OPD) If you're suffering from mental health then OPD must be present for you to score any points in following and planning a journey. For example those that are actively suicidal or who are at substantial risk of exhibiting violent behaviour would score points.

provided of course that the claimant made the case in the first place on the PIP2.

sparkle22

Ah I see, I've just looked online, they are trying to 'tighten up' the definition of OPD by the looks of it so no one meets the criteria! 

poppy123456

sparkle22 said:

Ah I see, I've just looked online, they are trying to 'tighten up' the definition of OPD by the looks of it so no one meets the criteria! 

Yes, that's exactly what they've done. Those that scored 4 points in the past may not score that now. For those claiming for mental health it's very difficult to score points in following and planning a journey.

sparkle22

ilovecats said:

sparkle22 said:

Ah I see, I've just looked online, they are trying to 'tighten up' the definition of OPD by the looks of it so no one meets the criteria! 

There are people do meet the criteria, its just most people who claim for anxiety and depression will not because they can still function with those condition. The people who meet the criteria often have a more severe diagnosis.

Ah yes I see what you mean, I claim for mental health and think I fit the OPD descriptor but it is hard to say without clearer definitions from DWP. 

Yadnad

poppy123456 said:

sparkle22 said:

Ah I see, I've just looked online, they are trying to 'tighten up' the definition of OPD by the looks of it so no one meets the criteria! 

Yes, that's exactly what they've done. Those that scored 4 points in the past may not score that now. For those claiming for mental health it's very difficult to score points in following and planning a journey.

Precisely. The government attempted to defeat the court ruling but lost Now they are trying it another way.
One way or another they will win. 

poppy123456

Yadnad said:

poppy123456 said:

sparkle22 said:

Ah I see, I've just looked online, they are trying to 'tighten up' the definition of OPD by the looks of it so no one meets the criteria! 

Yes, that's exactly what they've done. Those that scored 4 points in the past may not score that now. For those claiming for mental health it's very difficult to score points in following and planning a journey.

Precisely. The government attempted to defeat the court ruling but lost Now they are trying it another way.
One way or another they will win. 

All they did was remove the words "overwhelming psychological distress" and put the descriptor back to the way it was originally.

sparkle22

https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared/pip-administrative-exercise-progress-on-cases-cleared