MR after new ruling.

xxgaynorxx

Hi. The new ruling for mental health regarding planning journeys and mobility etc. 

The government said they would review every case. I was awarded 10pts initially for mobility part in 2015 for ten years. I also get high care.
The mobility part was reviewed as promised but stayed the same. 

I received the letter a few months ago. I’ve been very unwell mentally and have just been told I could have asked for an MR without my care component being affected. Is this true? If so is it too late to ask for an MR? I’ve always felt the decision was wrong. I don’t know what to do next. Please help. Thankyou in advance. 

poppy123456

Hi,

Are you sure they looked at your claim again for the rule changes? You said you were awarded in 2015. They are only looking at claims again that had a decision on or after 28th November 2016. Decisions made before that date will not be looked at again. 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

xxgaynorxx

Yes they definitely looked at it. I received a letter. 

xxgaynorxx

Thought I would update you all. I WON! My appeal regards leap review was SUCCESSFUL. I’ve been awarded enhanced mobility. Judge changed decision from E to F and backdated to Jan 2016! I had my appeal 4 days ago and received decision notice today. But……..I’m very apprehensive that DWP will appeal tribunals decision. It’s just a waiting game I suppose! 

Hannah_Alumni

I'm so glad you won your appeal! After so long too!  

Although apprehensive, I bet you feel relieved too? I always feel relived when listened too

poppy123456

Great news. A Tribunal decision can't be appealed because they disagree with the decision, the same as us. They first need to request the Statement of Reasons and Record of Proceedings within 1 month of the date of the decision.

Once they receive them then need to find the error in law. They sometimes request the SOR and ROP but rarely appeal it. If they request them it doesn't mean they will appeal it. It can take up to about 8 weeks to pay what is owed and to put any new award into payment.

xxgaynorxx

Thankyou!