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Can DWP call me for assessment after I won my tribunal?

Pash68Pash68 Member Posts: 5 Listener
I am autistic, have dyspraxia and severe social anxiety. I moved from DLA to PIP but my PIP claim was refused. I went to tribunal and was awarded PIP care component at the enhanced rate for 10 years from 2017. The tribunal told the DWP rep in court that they had one month to challenge the decision if they wished to do so. They did not.

I have now received a letter calling me to a PIP assessment in 14 days' time. I don't understand how they can do this if I was given a 10 year award at the tribunal. Can anyone explain this please?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Are you sure that the award you received from the Tribunal was for 10 years? Have you received a form to fill in recently? They can actually re-assess you anytime but they don't usually do this without sending you a form to fill in first.

    Just an after thought, do you claim any other benefit, like ESA? Are you sure it's a PIP assessment? Sorry for all the questions.
    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.
  • Pash68Pash68 Member Posts: 5 Listener
    With all due respect, I am autistic....that does not mean I am stupid.

    The letter states, in its title

    'Personal Independence Payment
    Your Appointment Letter'

    So I think that is clear.

    My Tribunal award states

    Decision Notice

    1) The Appeal is allowed.
    2) The decision made by The Secretary of State on 11/11.2016 In respect of the Personal Independence Payment is set aside
    3) Ms. A ***** is entitled to the daily living component at the enhanced rate from 01/10/2016 to 30/09/2026
    4) Ms. A ***** has limited ability to carry out activities of daily living. She scores 13 points. She satisfied the following descriptors

    etc etc etc

    My tribunal appeal hearing took place in 2017 but the claim was made in 2016. The court were very clear that they were making the maximum award for the maximum period of time. The Decision Notice goes on to state that it is recognised that I have a life long learning disability.

    In addition, just a few days previously, I have ALSO been sent a Capability for Work Questionnaire in relation to my ESA. 

    I understand that the ESA assessment is something the DWP can and will do annually. 

    It is the PIP appointment that I am querying. How can they override a 10 year Tribunal award???




  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I didn't say you were stupid and i'm sorry you thought differently. I know exactly what Autism is because my daughter has it.

    They can re-assess you at anytime for PIP as well as ESA. My advice is to ring DWP and ask why you're being re-assessed. I'm assuming you were sent new forms previously to receiving this appointment date?

    The only people that can really answer your question is DWP. We could only guess the reasons why you're being re-assessed.

    Hopefully when you ring Monday you'll get some answers. Good luck.
    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.
  • Pash68Pash68 Member Posts: 5 Listener
    Thank you for your reply. No, I have been sent no forms to complete at all. Just an appointment regarding my claim. What is the point of a Tribunal assessing me and giving me a 10 year award if it actually means, apparently, nothing?

  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hello @Pash68. Were you able to get in touch with them today to ask? 
    Community Manager
    Scope
  • Pash68Pash68 Member Posts: 5 Listener
    Hello. Yes - thank you for asking. They have cancelled the appointment although they did not actually acknowledge that it should not have been issued. My stress levels have decreased substantially after a very anxious weekend.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    edited August 2019
    Glad to hear there's been some resolution @Pash68 and that you're feeling a bit less stressed.
    Community Manager
    Scope
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