PIP, DLA and AA
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Pip stopped before end of award.

crazyjancrazyjan Member Posts: 53 Courageous
I was awarded pip enhanced daily living and enhanced mobility in 2017. Recently had face to face and awarded zero points! I was sorting some paperwork and found my award letter from 2017. It says the award was until November 2019. Can they really stop my money this early? Just plucked up the courage to ask for MR. Horrible process. I am worse than I was two years ago and really can't understand the decision.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited June 2019
    Hi,

    Yes, i'm afraid they can because the new decision overrules the previous one. Reviews take place up to 1 year before the award is due to end.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    It is normal for the DWP to review anything up to a year before the end date. Once a new decision has beeen made then it supercedes your previous award.

    When did you receive your decision letter ?
    Asking for an MR is the first stage of the appeal process but success rate is only around 18%

    Have you asked for a copy of the assessment report ?
    Be all you can be, make  every day count. Namaste
  • crazyjancrazyjan Member Posts: 53 Courageous
    Thank you both for such a quick response. Yes, I've asked for a copy of the report. Decision letter was 20th May. Still waiting for the report so sent off MR to make sure it was in time. Have requested the report twice but still waiting.
  • crazyjancrazyjan Member Posts: 53 Courageous
    I just don't understand . If I had really gone from enhanced pip to nothing, then that would mean I'd had a pretty miraculous change of circumstances which I'd failed to notify them about. So why aren't they prosecuting me for benefit fraud? According to DWP I've been receiving thousands to which I'm not entitled! Sorry for the rant, I'm upset and worried.
  • crazyjancrazyjan Member Posts: 53 Courageous
    Are there any timescales at all for receiving MR decisions?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're not being prosecuted because up until the decision was made on the review the decision was you were entitled to the award you had. Now the new decision has been made it's decided that you haven't scored any points and the decision is not to award you PIP so your money has stopped.

    There's no timescales to MR decisions but most of them remain the same, so you'll most likely have to take it to Tribunal. 71% of those who appear in person have a decision in their favour. It's a very long process with lots of areas having huge backlogs. Some are waiting a year for a hearing date. If at any point the decision is to award you PIP then you'll be backdated all the money you're owed from the date the decision was made to stop it.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • crazyjancrazyjan Member Posts: 53 Courageous
  • madquasimodomadquasimodo Member Posts: 130 Courageous
    Your a victim of the governments drive to punish the disabled, they removed billions from the social fund and ordered the DWP to cut claims it runs all the wat through the DWP ESA/PIP/DLA/UC they will use any means to remove claimants, lying on claims forms, lying about how your illness effects you, some criteria have been changed, but in most cases its just lies, you say you can't do something, when your forms come back someone who read lies about you will say "I think you can" 

    Frank Field chaired a committee looking at the DWP system, in truth nothing changed, the DWP lost a case regarding mental cognitive ability, they had to review around 1.5m claims, all it did was make it harder to claim.

    Welcome to the UK where anyone turning up on our shores get better treatment than people born here.
  • crazyjancrazyjan Member Posts: 53 Courageous
    Oh hec! Hubby spoke to DWP today and was told ten to twelve weeks for MR decision!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no timescales, what they told you today is just a guide.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • crazyjancrazyjan Member Posts: 53 Courageous
    Ok. Almost wish they hadn't said anything in that case. Is a timescale not a guide?
  • crazyjancrazyjan Member Posts: 53 Courageous
    Eventually received my assessor's report. It's contradictory and dishonest. She called me 'he'. She said I was a normal weight - I'm underweight as I'm anorexic. She didn't weigh me.  She said my hearing was normal - I am deaf!!! (Audiological evidence sent) She said I had no mental health problems - I've been seeing psychiatrists for over thirty years and have been in and out of mental health units. It gets worse.  How can this happen? I just don't get it and I trusted the system as I've never had a problem before.  The best bit, almost funny if I wasn't so upset - she said I smiled throughout the assessment!! Who the hec smiles throughout a Capita assessment? This was a blatant lie. I'm so upset. Can't sleep, can't eat....   I  know others here have had similar problems with assessment reports. Sorry for being yet another moaner but needed to get some of it off my chest. CAB were brilliant and I've managed to send off a really good mandatory reconsideration request. Not hopeful however as Poppy, quite rightly, points out that most fail.  Thanks for listening.
  • madquasimodomadquasimodo Member Posts: 130 Courageous
    I do feel for you been there more than once, the hardest bit for me is knowing they can disregard any evidence you give and just "I think you can and see no evidence otherwise" or just plain lie about what you did, my partner suffers with balance and had fallen hurting her back, I had to help her out of the car as they wouldn't postpone the F2F, I again had the help her get out of the chair and on to the therapy couch, she did what she could when asked, I helped her off and back into the chair.

    this turned into "I saw them walk across the car park 15mtrs" "she walked in and sat down unaided" "she got out of the chair and got on the therapy couch" "she seems to have full range of movement" 
    When you know they lie and paint a totally different picture all is lost, but what makes it worse is you have no recourse to correct those lies, I have gone to the Independent Case Examiner, after Assessment Services admitted "There we some errors but on the whole the report is fit for purpose" they have freedom and no oversight and no recourse to correct these "errors"

    We have had the Court paperwork and the Tribunal is logged, we expect 9 months to a year before we get there, one thing that has got me (there are many) the CAB said anything over 1 month old is useless to present as evidence, by the time we get to court the last medical report might be a year old. I don't think anyone could get a medical and be in court next week before its use by date expired, our local CAB is next to useless anyhow, I'll take my chance in court. 

    Good luck the MR I hope your goes well. 
  • crazyjancrazyjan Member Posts: 53 Courageous
    Thanks for the post, Madquasimodo, what your partner went through is appalling. I'm so sorry. The system is cruel, not fit for purpose, and is ruining lives. I do wonder how these assessors live with themselves. You have a long wait ahead of you and I guess I'll end up in the same boat. Capita get away with it because they are dealing with sick, vulnerable people who have neither the mental strength nor the financial access to legal advice which would be necessary to adequately take them on. I am utterly shocked by it all and feel as if I will never again trust another human being. My thoughts are with you and your partner, and my very best wishes. Don't give up!
  • [Deleted User][Deleted User] Posts: 587 Listener
    I know how you feel, same thing happened to me with my report, I won't try and explain as I end up ranting.. I'll link my thread instead.. you don't want to see me ranting lol.

    https://community.scope.org.uk/discussion/59580/pip-report#latest
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @crazyjan, I'm sorry the report was so incorrect and I can imagine this was upsetting to read. I'm glad the advice you got was helpful and I'll keep my fingers crossed for you!
    Community Partner
    Scope

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