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successfully claiming for years but refused after phone assessment extremely scared

abbi1995abbi1995 Member Posts: 1 Listener
edited April 23 in PIP, DLA and AA
hello I've been receiving pip for a few years after being sectioned under the mental health act on multiple times. I have PTSD, Attachment disorder, BPD, depression and anxiety. I am unter the mental health team and things have been slow since covid. I also have a social worker and care worker come once a week. 
I have never had a problem when going to face to face assessments and usually have to take people with me to support as I fine social situations extremely difficult. I found the phone assessment alot easier to cope with as there was none of the normally stresses. I was in my bed, in my home. so found it easier to talk but this seems to have been a bad thing as I usually have a full blown panic attack at assessments, can't cope with the stress and spent most of the time in tears. I hate this but honestly it would have had a better outcome because they could have seen what I struggle with. 

I'm very worried because my letter says that they have overpaid me and they will be contacting me to pay it back but they have stopped my pip and I honestly wasn't expecting it and have less then £50 to my name. 
I've been trying to contact my social worker but she isn't in the office and today isn't the my support worker comes and I think shes away. my mental health worker can't help every much with the benefits side of thing. 
has anyone been told they have been overpaid before how much do you usual have to pay back a month.? will they let me lay in installments? 

Replies

  • Ross_ScopeRoss_Scope Posts: 3,192

    Scope community team

    edited April 23
    Hello @abbi1995 and welcome to the community :) 

    I'm sorry to read that you lost your PIP, will you be appealing the decision? You can read information here about appealing benefit decisions.. To help you with identifying next steps and how to approach any appeal, you could find advice through Advice local or Welfare Rights.

    It's a shame that you can't contact your support worker or social worker today, do you know when you will next be able to see or speak to one of them? I'm sure they will have given you a plan or techniques which will allow you to manage your mental health until you can next see them. 

    If you want to speak to somebody in the meantime, this community will always be here and you are more than welcome to give our helpline a call.
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  • janer1967janer1967 Member Posts: 9,210 Disability Gamechanger
    Hi there 

    Sorry to hear you have lost your PIP and you should appeal if you disagree with it 

    As for the overpayment it really depends how much it is ? And you should check why you have been overpaid.  If it is their error you could challenge it 

    You are usually given a payment plan and if they deduct from your benefits they can only take a certain % off each payment 
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    One step at a time then:

    1 - in order to make any decision about an allegedly recoverable overpayment they first need to make a decision you're not entitled to PIP. have you had that decision or just a copy of the report?

    2 - if you've had your PIP refused but haven't yet had a letter about the o/p then forget about the o/p until you get a letter. 

    3 - you challenge your PIP refusal using an MR form.

    If you get a letter saying the o/p is recoverable then you use another copy of the same form to challenge that. You don't worry about recovery or rates of recovery at that point. Provided you lodge an MR quickly their guidance says they should cease recovery immediately until the MR is decided one way or another. If the MR goes against you then you appeal and the moment you appeal they can't recover until that's decided. Actual recovery could be several years away provided you are active in challenging. 

    The only fly in the ointment is that if you lodge an MR DWP may take months to do it but, despite that, never quite get around to telling Debt Management that you have lodged an MR and they should stop pursuing you. Easy enough to deal with. If you've lodged your MR in writing and you get a letter from DM asking for full payment or a call to arrange instalments then you just ring the latter and say "hey, I lodged an MR on this date". They check in with DWP and, provided DWP have registered it, recovery will be over until decisions are made. 

    In the meantime, get yourself actual advice and representation ASAP. https://advicelocal.uk/ is not perfect but it's as good as you'll get. 

    In terms of your PIP award itself bear in mind that this often happens when people think they've put in exactly the same evidence as last time but actually haven't. Again, get advice. 
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