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Claiming Pip since 2016 mobilty change

jacksaaa

Hi there..

So I recently seen people who was claiming pip from back around 2017 could of been given the wrong points for the planning and following a journey part on the mobility questions.

I've been claiming pip since around 2016 and have been on enhanced Daily living and standard mobility. When I claimed I had to go through the tribunal to get this. I'm 99% sure I was awarded the highest I could get for this descriptor.

Am I right in thinking that if this was the case I should have been receiving enhanced mobility?

I have also just been reviewed recently couple months back and I was given 10 points for that descriptor which I am happy with as my health was in a worse way over them years.

Thanks for taking time to read

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chiarieds

Hi @jacksaaa - as your award was made by a tribunal, & not the DWP, I'm unsure if this would relate to you. The DWP are looking at claims where the claimant might be deemed to suffer from 'overwhelming psychological distress,' but only claims where the DWP would consider giving more points, & that this would mean a claimant would get awarded the standard rate of mobility, or it might increase their award to the enhanced. This relates to the 'planning & following a journey' descriptor of the mobility component. Please see: https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

jacksaaa

Thanks @chiarieds I'm not sure I really understand this then. I got awarded standard mobility and think I was given the highest I could get for planning and following a journey and 0 on moving around. That what the tribunal awarded me but I don't understand why it makes a difference if the tribunal awarded it me or dwp as isn't this to do with the points system

chiarieds

Hi @jacksaa - I agree with you, & have been looking into this further. I had thought the DWP couldn't change what has been awarded by a tribunal (& it's the DWP who are looking at claims they themselves awarded). However, this might be arguable as your tribunal made a decision before the change in law, so they themselves were just going with the law as it was at the time. I quote from Citizens Advice: https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/changing-a-dwp-benefit-decision-after-you-ve-appealed/

'If the decision was made by a tribunal, a decision maker can change it by supersession if the tribunal didn't know or made a mistake about a material fact. A material fact is a fact that will directly affect the decision on your claim.

A tribunal decision can also be changed if it is now wrong because of a Court of Upper Tribunal decision in another case.

If the decision is changed by supersession, the extra money you're owed will be paid from the date the change is made.'

More here: https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

I 'think' perhaps you will need some help with this ? Citizens Advice, or try Advicelocal: https://advicelocal.uk/ as there is also Welfare Rights.

Emilyb81

I am so confused sorry just want to clear this up in my head if OK? If you have already been given maximum points for planning journey etc then you can't be given any extra for that descriptor? So it wouldn't make any difference to the award you will still be given standard for mobility right? If you have scored 10 points for mobility then you need to get a further 3 or more I believe to go up to enhanced? I am new and trying to understand /learn about this stuff so I'm probably wrong but I am so confused in general about this whole dwp looking into old awards etc because I think I may of been given wrong points but I haven't got the flipping notice as I had to leave my last home in a hurry and couldn't take anything with me so I lost all my belongings including letters, identification everything so have had to start over as best I can! But I'm currently waiting on mandatory reconsideration decision as I recently lost both my daily living and mobility awards (both standard rate) I'd been on for 10 years after a nonsense phone assessment so I think I should wait til that's all dealt with before I rock the boat and ask about any of that stuff? And I'd hope if I was affected they would look into it and inform me? But I do have massive trust issues around this kind of thing! Anyway sorry I can try googling this stuff but I've tried before and I end up more confused than when I started! Lol also sorry if I should of started my own post/question! I tent to keep hijacking other people's posts without meaning to! ??‍♀️????

Emilyb81

Or if tribunal gave you the points not dwp doesn't that mean maybe dwp should of? But again it wouldn't make any difference to the standard award? Or am I completely wrong here?....

calcotti

jacksaaa said:

.. I got awarded standard mobility and think I was given the highest I could get for planning and following a journey ..

The highest number of points you can get for planning and following a journey is 12 points if you “Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid“. This would give you an enhanced award.

Emilyb81

I know reply wasn't aimed at me but now I get it its 12 points for enhanced I thought it was more than 12 so 13 plus blimey my brain was aching then! I will wait like I said til all this other situation is dealt with as taking on another load of letter writing or reading wouldn't be helpful I don't think! Also think il ask citizens advice or someone to help me when/if I do because honestly I don't think I can deal with the stress again dealing with any dwp issues!

but good luck with your fight @jacksaaa and hopefully you are able to get the enhanced award sorted out! I don't envy these dwp staff either having to go back over thousands of claims! Must be extremely stressful and time consuming for them too?! As I guess in their heads they are doing extra work due to others mistakes..... But that's a whole other story!
Good luck hun and thankyou @calcotti again you have helped me get my brain out of crisis mode and people have been trying to do that for years to no avail lol

Take care peeps!!

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