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Last 5 weeks of PIP award down graded by case worker before the new decision date

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Dutch
Dutch Community member Posts: 1 Listener
I am on DLA/PIP for over 10 years and every time my new award is down graded and have to go to the tribunal for the right decision what I every time win. My new award is from the 6th March 2022 and again my mobility is down graded but what the case worker also did is down graded the last 5 weeks from my old award what I had won for the tribunal in September 2019 and was awarded until the 5th March 2022 the enhanced rate for mobility. The case worker/decision maker wanted to pay me the standard rate for mobility 5 weeks of the old award and awarded me the standard rate for the new award. I have called them and now with out any excuses from DWP they are paying the enhanced rate up to the 5th March 2022 and after that the Standard rate because of the new decision. I have already ask for a mandatory consideration and know I have to appeal again like every time the last 10 years. The decisions from the tribunal since 2012 say I can not walk more than 20 meters. In 2019 the decision from the tribunal was for mobility 1: planning and following journeys: Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. and for 2 moving around: Can stand and then move using an aid or appliance more than 20 metre but not more than 50 metres. This part 2 I never appealed because I had scored enough points and could not go trough the stress of appeal again. Now in the new decision from the 6th March 2022 the decision maker say that I do not need prompting to be able to undertake a journey because I was a lorry driver before and can use satnav. What has my previous occupation to do with that because that is more than 10 years ago and what do a satnav with this and what if the satnav has no connection. Is it possible to do something quicker about this because financial I need this money and not even financial recovered from the last PIP renewal in 2019. Also the decision what is turn back now that a decision maker/caseworker overturn a decision from a judge his decision and awarded my enhanced rate for mobility till 5th March 2022 what she wanted to change from the 2nd February 2022 6 weeks before the award ended.   

Comments

  • poppy123456
    poppy123456 Community member Posts: 56,965 Disability Gamechanger
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    Hi,
    This is a new claim and any decision on this claim overrules the Tribunal decision because that was a previous claim. 
    If you disagree with this decision then the same as the last time you will need to request the Mandatory Reconsideration (MR) you have 1 month to request this which should be put in writing. Current waiting times for the MR decision is between 2-12 weeks. 
    If the MR decision doesn’t change then it’s Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Dutch said:
     Is it possible to do something quicker about this because financial I need this money
    Unfortunately not - you have to go through the MR and, if necessary, the tribunal process to get the decision changed.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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