Points swapped around and bits of my appeal refused by DWP

pipinhell61159

Hi, Im looking for abit of advice if anyone can help it would really be appreciated.I won an appeal on pip after being refused on both.then sent more evidence in to because health got worse only to find points had been swapped around  and bits of my appeal refused by DWP can this happen after tribunal? .

pipinhell61159

Any help would be great sorry it's this late at night.

pipinhell61159

Anyone out there ?

poppy123456

Hi,

Sorry no one answered your question straight away but as you said yourself, it was rather late (or early hours) when you posted. The majority of our members were very likely sleeping, like myself.

Are you saying you reported a change in your health condition, which prompted a reassessment and you lost your award, or had a lower award?

Or did DWP appeal the Tribunal decision? Sorry but it's not clear what exactly happened.

pipinhell61159

Hi poppy sorry this is new to me. Thanks for reply. I will explain. I had applied to pip was refused and took it to appeal where I won on mobility. I was a warded Ten points... later I sent the DWP fresh  evidence because  I became more ill and my points were moved from mobility to daily care after appeals decision on mobility? because I sent in further evidence about my health stopping mobility but that isn't any different. Can the DWP swap points after appeal?. I hope that's abit more helpful

calcotti

If you reported a change to DWP they will then carry out a new assessment. This is a complete appraisal of the whole award and overwrites any previous decision (including one made by a tribunal).

If you are unhappy with the new award then you will have to ask for an MR and if that is unsuccessful appeal to the tribunal service again.

pipinhell61159

Also Dwp didn't appeal decision?

poppy123456

You reported a change in condition which prompted a reassessment. This means the decision that was made on your change of circumstances overruled the Tribunal decision. The Tribunal decision no longer applies. If you're unhappy with the new decision then you can request the Mandatory Reconsideration and the process starts again.

calcotti

pipinhell61159 said:

Also Dwp didn't appeal decision?

That's not relevant. As advised when you report a change the DWP carry out a new assessment and this replaces any previous award.

pipinhell61159

Thanks calcotti much appreciated.take care 

pipinhell61159

After refusing by Dwp  and appeL allowed can DWP then  say that's changed when it's still on going ? Like you no longer get help for mental heath if you do and that's been proved 

pipinhell61159

When the DWP change things after appeal and you send further info in say six months ago should they start from that date or in the future as mine was started Dec?

poppy123456

You reported a change in condition which then prompted new forms to be sent out to you. This means you were reassessed, as advised. The new decision overruled the Tribunal decision, which means the decision the Tribunal made no longer applies.

As advised, if you disagree with the new decision you can start the MR process again and if the decision doesn't change after that it's Tribunal again.

The new decision should apply from the date you reported the change, if those changes were present for at least 3 months.

mikehughescq

This sounds to me like you reported a change of circumstances without first getting advice on whether and how that might impact your existing award. That’s something to learn for the future. Just because something has changed that does not automatically qualify as a change of circumstances you need to report. Always get advice about whether it does.

Outside of that it sounds very much like you’ve reported something in respect of daily living and have just assumed that your mobility award would be maintained. What you’ve in effect done is concentrated so much on the daily living that I’d wager you likely didn’t mention anything to DWP about your mobility. 

They will view that quite literally as you contacting them and advising that you no longer have any mobility issues, because if you did you’d have said so.

At this point I’d strongly suggest you get some advice via https://advicelocal.uk

pipinhell61159

Hi. I never received any new papers.However was advised if my health changes you must inform them so circumstances only got worse no differences to previous sercumstances. Mobility is exact same it's just that they took points off that and swapped them over.

pipinhell61159

Hi. If I receive someone else's documents and they are to do with a child what can I do to make sure this never happens to any child and who can be held responsible?.

mikehughescq

I think the starting point would be to query this has something to do with your PIP challenge?

pipinhell61159

Thanks 

mikehughescq

For what? I was asking a question. You’ve not answered.

pipinhell61159

Hi sorry msgs are mixed up. Whom am I replying to ?

poppy123456

Lets start again. Did you report a change in your health condition after you had your Tribunal decision?

If you did, were you sent more forms to fill in for another assessment?