Pip leap case late appeal

Pennywren

Any advice? I emailed scope they suggested post here x

Many thanks if you can help

poppy123456

Hi,

An appeal request must be within 1 month of the date of the decision made. If outside of this time you will have 13 months to appeal, providing you have good reason why you didn't request it within the first month.

As you're outside of that timescale then you are to late to do anything about it now.

May i ask if you currently have a PIP award? If you do then you can report a change of circumstances but do be aware that you could lose everything you already have.

If you don't currently have a PIP award then you should re-apply but do be aware that using the same evidence you previously used could likely see another refusal.

Hope this helps. good luck.

Pennywren

I have pip award x

dwp have said if I submit change (there isn't one that significant) then my leap case will be closed and so award will not be backdated to when they made mistake (awarding 4 points) my case is affected by the cases of mh and rj xx

 I read that if it an error of law there is no time scale to appeal time but I can not for life of me remember where but those tribunal rules to me read that there can be acceptions made by judge.

I no as it outside thirteen months my case for right to appeal is going straight to judge rather than to dwp.

I am hoping that work in my favour but I no idea. I get high rate care.

My illness is mental. 

 The dwp say just wait for them to look at leap case but no time scale of how long that will take. In mean time I am struggling financially.

social services assessing me for additional care so they gonna, say about maximizing income but I don't want to lose back date by putting in fresh claim but at same time I could be wasting time arguing.

I just not sure if I should fight this or give up put in new claim and loose backdate.

Thank you for answering x

poppy123456

As you already have a PIP award then you won't be able to put in a new claim. You will be able to put in a change of circumstances but by doing this you do risk losing everything you already have.

On this claim did you request the Mandatory Reconsideration? then Tribunal if that failed because you mention an error in law? Sorry, just a little confused by this part and it's not clear. I'm also not sure what you mean by leap case.

Pennywren

Leap case are cases affected by the decisions in the cases of mh and rj. I don't know what it stands for but that what pip call them. 

1.6 million cases to be looked at as award may have been lower.

It about can you be mobile outside safely and overwhelming psychological distress cases. 

The last pic I shared was decision on mobility on my mandi tory reconsideration where they agree I can not go out alone due to overwhelming psychological distress. 

If there an error in law then from reading tribunal rules then time limits do not apply to when you can lodge appeal. 

22,6 of the rules

So my mind says there is error in law as there description on mr should equal 12 not 4 points

My mind says alot of strange things hence sharing to see what others think. 

There two stages

one prove there is right to appeal

Two the actually appeal. 

At the minute all I'm trying to dispute with the tribunal and what the judge will be looking at is if I have right to appeal. 

If I can show I have right to appeal my appeal would be simple read Mr notice again and reassess allocation of points. 

What you 🤔 think

Pennywren

I did not request tribunal in Feb 2018 as the lady on phone said descriptors did not apply to me as I knew left from right and I believe her so I was misled xx

Pennywren

I believe dwp made error in law, with points allocation

poppy123456

Now i understand a little more but it's still not clear, sorry.

You speak of the following and planning a journey changes that took place in November 2016. DWP are looking at all decisions made after 28th November 2016, have they looked at this decision again as part of this process? See link.

https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

The MR on this decision took place in Feb 2018 which is outside of the 13 month maximum deadline and you won't be able to appeal that decision now.

However, if DWP have looked at that decision again as part of the process stated in the link and they decided again that decision remained the same and they don't owe you any backdated money then you will be able to start the appeal process from that.

If they haven't yet looked at your claim then you will need to wait for them to do this, once it's done they will send you a decision letter.

Pennywren

Yeah I'm in the waiting group xx

It's just so hard you know I been waiting 18 months that along time to me. If they had not advised me to wait I could have appealed within the thirteen months

poppy123456

This isn't the first time they have given bad advice. I'm afraid you are outside the maximum time to request the Tribunal and you'll need to wait for them to look at the decision again. No face to face assessment is needed for this and there's no timescales. I do know they are in the process of going through all decisions made after the time in the link , how long the process will take, is anyone's guess.

Pennywren

OK xx well I already sent info to tribunal judge but will appect a no from them xxc

Pennywren

UPDATE

I have managed to get dwp to look at my case again back to 2016

What I did was ring pip ask to make a formal complaint (previously they had confirmed I was a leap case)

Because I am a leap case the leap team case managers have to take complaint

I had been told leap would ring me and they had not. 

The leap team case manager heard me when I said I wanted my case Reviewed solely based on the cases of mh and rj as nothing has changed. 

He said they like to resolve things before they get to complaints

He said he would add me to the list and my case will be reviewed back to 2016 and I should hear from them in two months. He said if I haven't heard in two months ring for an update.

Asking for appeal was wrong word xx

I hope this helps other leap cases. 

If u have not changed do not put in change of circumstance form 

Adrian_Scope

Thanks for updating us @Pennywren.

Pennywren

I received letter saying no I have asked for mr xx


I intend to appeal if I have to any suggestions be grateful for. 

My nurse is putting it down to anxiety the reason I do not go out alone she written long letter and included some questionnaire I filled in which shows her I have severe anxiety. Am I fighting loosing battle? 

I can't tell if cars coming is why I'm so anxious and bad magic (please don't get into there is no magic with me) 

But my supporting docs put it to my anxiety and panic attacks

Guidance be great

On plus the phone calls did get them to look however the letter they sent was two days later so I don't believe they read my file as there was 48 docs in it plus claim form now there 91 docs gone into mr

Nurse letter in draw if need go appeal as is old care Co ordinator email (new one) and socail services online assessment

Social services done another assessment (new) but I not got copy yet

I am getting new patient summary friday

I am getting mental health drop in file that shows I did not go alone. 

Thank you in advance

[Image edited by moderator]

poppy123456

I can't see anything in there that they have decided you were receiving the correct award at that time.

Do be aware that they will only take into consideration what your condition was like when the original decision was made. If your condition is worse now then that won't be taken into consideration.

As no one on an internet forum knows how your conditions affect you then you need to get some face to face advice from an agency near you.

Pennywren

One of the new things covering old time xx ty poppy I am seeking local advice but they not been Forth coming so I done this far by myself xx I can't find right page of letter I think it maybe front sheet with my address on all it says is my award was not affected by those cases and then on another page it said I have right to ask for mr xx

poppy123456

That supporting letter isn't the best because it doesn't give any details except to say you have anxiety and feel unsafe when you go out and that's not enough of information.  You need to give examples of what  happened the last time you attempted that activity.

Adrian_Scope

Hi @Pennywren. 
I hope you don't mind but I've edited your letter above as it was showing your National Insurance number.

Pennywren

Thank you xx pip rang me today and apoligized for misinformation given to me and for saying they would ring and then not. I was polite and said ty. 

Pennywren

Hi all received confirmation court has accepted my appeal that was after thirteen months later and so I have the new Mr in progress and an appeal to old Mr running at once confusing but pip and tribunals agree both should happen

Chloe_Scope

Thank you for the update @Pennywren! I'll keep my fingers crossed for you.

Adrian_Scope

Hi @Pennywren. I'm glad to read the courts have accepted your appeal for the first MR. Best of luck with both of them.

Pennywren

Dwp have awarded me high rate mobility back to 2016 fab Christmas present x I have always felt that descriptor applied and now they have said it did all the time x backdate due in tomor got letter today going to try save some back and clear debts x I'm shocked and glad I argued once I was in right head space to do it xto anyone else my advice is don't give up and send any paperwork for time period you arguing about. Dwp told me stop sending stuff but it was all relavant 123 documents I sent it cost to photocopy etc but it has been worth doing more than anything it means yes I have mental health issues but I understand writen word and it worth fight g for when everyone said I was not going to get anywhere as I achieved a tribunal outside 13 months being accepted which I believe pushed them into reading properly for the Mr based on court cases. I hope this helps x

Chloe_Scope

Really glad it all worked out in the end @Pennywren!!