Changes to PIP law/Supreme court decision-Engaging with other people

sammyc37

Hi all,im new here.
Looking for some advice regarding the above.
After reading an article about it in the press last year about October time i decided to write to the DWP about it.
As far as i could understand i should have been awarded more points for engaging with other people.
I received 2 but from what i read should have received at least 4 (and the decision maker even commented that i needed prompting to engage with other people)
In total i received 11 points standard rate but with the extra 2 would have taken me up to 13 enhanced rate.
Anyway I've received a reply from them (at last) saying my claim has been selected to have this activity relooked at. When this decision is made on your claim you will receive a notification.
Is anyone else going through this?
Any idea how long it takes?
And has anyone been successful receiving the extra points?
They just seem to take ages on everything

poppy123456

Hi,

There's been some other members asking about this too over the past several months. Unfortunately, the same with all other decision's, there's no timescale. Once a decision's been made you will be sent the decision letter. Sadly, you're not the only person wait on this. Nothing more you can do but wait.

sammyc37

poppy123456 said:

Hi,

There's been some other members asking about this too over the past several months. Unfortunately, the same with all other decision's, there's no timescale. Once a decision's been made you will be sent the decision letter. Sadly, you're not the only person wait on this. Nothing more you can do but wait.

Hi there,
Thanks for your reply.
I know i am being impatient but do you think there is any point in me writing to them again?
They certainly are dragging this out,and from what ive seen from others is the same.
Ive just lost out on the legacy benefits too which i think is appalling and am really starting to panic with the rise of EVERYTHING going up next month xxx
Have you heard anymore on this?

poppy123456

I can't tell you whether you should ring them, that's your decision. There's no timescales for any decision. There's only been a few members here that have asked about this.

sammyc37 said:

poppy123456 said:

Hi,

There's been some other members asking about this too over the past several months. Unfortunately, the same with all other decision's, there's no timescale. Once a decision's been made you will be sent the decision letter. Sadly, you're not the only person wait on this. Nothing more you can do but wait.

Ive just lost out on the legacy benefits too which i think is appalling

Can i ask what you mean by this. What exactly have you lost out on?

Alex_Alumni

Hi @sammyc37 thanks for asking your question here on the community today, I hope you've been having a good weekend  

If you feel writing to them will help you feel better, then you are entitled to, but I'm afraid Poppy has mentioned there's no set timescale, so I'm not sure it will help speed things up unfortunately. 

I do know that the topic of prices rising is on a lot of people's minds, there's a few discussions which you might like to join in with, such as this one on 30 ways to save money in hard times.

Scope also recently launched a service called Disability Energy Support which I hope you'll find useful.

If you feel we can help further please do ask, and enjoy exploring the forum.

Alex

sammyc37

poppy123456 said:

I can't tell you whether you should ring them, that's your decision. There's no timescales for any decision. There's only been a few members here that have asked about this.

sammyc37 said:

poppy123456 said:

Hi,

There's been some other members asking about this too over the past several months. Unfortunately, the same with all other decision's, there's no timescale. Once a decision's been made you will be sent the decision letter. Sadly, you're not the only person wait on this. Nothing more you can do but wait.

Ive just lost out on the legacy benefits too which i think is appalling

Can i ask what you mean by this. What exactly have you lost out on?

Hi,
It was the £1500 (£20 weekly) uplift court case that recently went through court but was lost.
Im on ESA 
I believe there is an appeal but i doubt that will make any difference (sorry im not great with words,i hope you know what im on about)
xx

sammyc37

Alex_Scope said:

Hi @sammyc37 thanks for asking your question here on the community today, I hope you've been having a good weekend  

If you feel writing to them will help you feel better, then you are entitled to, but I'm afraid Poppy has mentioned there's no set timescale, so I'm not sure it will help speed things up unfortunately. 

I do know that the topic of prices rising is on a lot of people's minds, there's a few discussions which you might like to join in with, such as this one on 30 ways to save money in hard times.

Scope also recently launched a service called Disability Energy Support which I hope you'll find useful.

If you feel we can help further please do ask, and enjoy exploring the forum.

Alex

Thank you for your kind mention,its always difficult to know what to do for the best.
I will head over to the money saving now 
Thanks x

poppy123456

Yes, i know what you're talking about. I'm still on legacy benefits too. My thoughts are that we haven't lost anything because we never had it in the first place.

sammyc37

poppy123456 said:

Yes, i know what you're talking about. I'm still on legacy benefits too. My thoughts are that we haven't lost anything because we never had it in the first place.

Yes very true.
I never really got my hopes up.
It would have been lovely of course but as usual we always get left behind x

Bulbs89

This might give a bit of hope to some with regards to this so bear with me and I hope this will make sense..

I was first transferred over to pip from dla in 2016 ( yes I know pip is different from dla but on dla I was awarded High rate care lower rate mobility) then after changing over to pip and  having a paper assessment was awarded standard rate care. I was not happy about that so did an mr stuck to there original decision so took it to the tribunal was awarded was in and out within 10 minutes and got awarded high rate care and low rate mobility ( same as I had on dla ) they awarded me them 4 points for needing support ( at the tribunal ) not with the paper based assessment. So went from 11 points for the care element and 0 for mobility element to 13 care element and 10 mobility element. That was October 2017 I went to the tribunal.

Award was supposed to end December 2019… as it was awarded by the tribunal it should of been classed as a new claim when the time came to me replying if I wished ). 

December 2018 
A brown envelope drops through my door ( yes I know some of you say yeah that’s normal nothing wrong about that ) well I disagree due to the fact it was awarded at a tribunal just over a year before. 

It was only my form for pip ( review form I think ) 
So anyway basically said nothing had changed since the 14 months previous where I won my award at the tribunal actually wrote that and included all the evidence I had sent previous including the tribunal award.
March 2019
had a f2f assessment..
april 2019 
got pip decision got dropped down to standard care again ( there whole reason was based on the 2016 paper assessment report that was now invalid due to the tribunal award ) 
Put in an mr stuck to the original decision standard care only.
put in to appeal at the tribunal… July 2019
august 2019
decision maker calls with 2 days left to reply to the tribunal services 
we can offer you standard care still plus Standard mobility ( standard care points 11 standard mobility points 10 ) 

At the time I had a lot going on and didn’t really know much about pip so I took it. ( they took the 2 points of for engaging with others ) award due to end last year got extended due to covid.
august 2021 
rang pip about the new mm judgement was told we will get round to you and will let you know ( also as my award was due up for renewal anyway and as I had got stung last time I requested a change of circumstances form so they couldn’t use the reports before) 
September 2021 chased it up to then be told as a change of circumstances is in progress they can’t look at my claim untill a decision has been made on my change of circumstances.

December 2021 
rang pip about an update on my change of circumstances to be told it has gone to the assessment provider after sitting collecting dust for 10 weeks. ( there reason not enough evidence again I disagree)

january 2022

i was at the end of my rope with it all so I rang pip again and I must of been lucky that day ( lucky love that word )
spoke to an advisor first then she put me through to someone higher who I really felt listened to what I was saying ( not going to go into details )
he then said let me have a look into this and I’ll call you back ( I basically asked him is it possible to get a different decision maker to have a proper look as I had sent in a lot of relevant and up to date evidence) 
An hour later my phone rings it’s the nice man again and he said Iv found the new evidence you sent ( 😂) and a different decision will be having a look tomorrow can’t give you a specific time but she might ring you ( ah ha )

the very next day my phone only rings and it’s the new decision maker who was really nice was on the phone maximum 10 minutes ( she didn’t string it out )
basically said I have enough information 
The usual questions they ask about hospital stays and bank details.

2 weeks later brown envelope through the door
high rate care - high rate mobility 
I think 16 points for care and 12 points for mobility 
4 year award 

February 2022
chased up the MM judgment got a nice man and I explained I wanted the April 2019- august 2021 pip award ( as the appeal had lapsed due to taking less offer from dwp and wasn’t decided by a tribunal I felt I met the criteria….

16th of March 2022

phone call from pip telling me they have looked at the judgment and they have decided they have been underpaying me from April 2019 - august 2021 and the bank pay will be in my account in the next 3-5 working days…

sorry for the long post but if you really think you are entitled to the backpay due to the new judgment it’s worth hassling them.

Justcheckingin15

Well Done @Bulbs89

Bulbs89

Got my back pay today.
so now it’s all done and dusted.

Alex_Alumni

Nice to have some good news, I'm pleased to hear it's all sorted now @Bulbs89 enjoy your day!

sammyc37

Bulbs89 said:

This might give a bit of hope to some with regards to this so bear with me and I hope this will make sense..

I was first transferred over to pip from dla in 2016 ( yes I know pip is different from dla but on dla I was awarded High rate care lower rate mobility) then after changing over to pip and  having a paper assessment was awarded standard rate care. I was not happy about that so did an mr stuck to there original decision so took it to the tribunal was awarded was in and out within 10 minutes and got awarded high rate care and low rate mobility ( same as I had on dla ) they awarded me them 4 points for needing support ( at the tribunal ) not with the paper based assessment. So went from 11 points for the care element and 0 for mobility element to 13 care element and 10 mobility element. That was October 2017 I went to the tribunal.

Award was supposed to end December 2019… as it was awarded by the tribunal it should of been classed as a new claim when the time came to me replying if I wished ). 

December 2018 
A brown envelope drops through my door ( yes I know some of you say yeah that’s normal nothing wrong about that ) well I disagree due to the fact it was awarded at a tribunal just over a year before. 

It was only my form for pip ( review form I think ) 
So anyway basically said nothing had changed since the 14 months previous where I won my award at the tribunal actually wrote that and included all the evidence I had sent previous including the tribunal award.
March 2019
had a f2f assessment..
april 2019 
got pip decision got dropped down to standard care again ( there whole reason was based on the 2016 paper assessment report that was now invalid due to the tribunal award ) 
Put in an mr stuck to the original decision standard care only.
put in to appeal at the tribunal… July 2019
august 2019
decision maker calls with 2 days left to reply to the tribunal services 
we can offer you standard care still plus Standard mobility ( standard care points 11 standard mobility points 10 ) 

At the time I had a lot going on and didn’t really know much about pip so I took it. ( they took the 2 points of for engaging with others ) award due to end last year got extended due to covid.
august 2021 
rang pip about the new mm judgement was told we will get round to you and will let you know ( also as my award was due up for renewal anyway and as I had got stung last time I requested a change of circumstances form so they couldn’t use the reports before) 
September 2021 chased it up to then be told as a change of circumstances is in progress they can’t look at my claim untill a decision has been made on my change of circumstances.

December 2021 
rang pip about an update on my change of circumstances to be told it has gone to the assessment provider after sitting collecting dust for 10 weeks. ( there reason not enough evidence again I disagree)

january 2022

i was at the end of my rope with it all so I rang pip again and I must of been lucky that day ( lucky love that word )
spoke to an advisor first then she put me through to someone higher who I really felt listened to what I was saying ( not going to go into details )
he then said let me have a look into this and I’ll call you back ( I basically asked him is it possible to get a different decision maker to have a proper look as I had sent in a lot of relevant and up to date evidence) 
An hour later my phone rings it’s the nice man again and he said Iv found the new evidence you sent ( 😂) and a different decision will be having a look tomorrow can’t give you a specific time but she might ring you ( ah ha )

the very next day my phone only rings and it’s the new decision maker who was really nice was on the phone maximum 10 minutes ( she didn’t string it out )
basically said I have enough information 
The usual questions they ask about hospital stays and bank details.

2 weeks later brown envelope through the door
high rate care - high rate mobility 
I think 16 points for care and 12 points for mobility 
4 year award 

February 2022
chased up the MM judgment got a nice man and I explained I wanted the April 2019- august 2021 pip award ( as the appeal had lapsed due to taking less offer from dwp and wasn’t decided by a tribunal I felt I met the criteria….

16th of March 2022

phone call from pip telling me they have looked at the judgment and they have decided they have been underpaying me from April 2019 - august 2021 and the bank pay will be in my account in the next 3-5 working days…

sorry for the long post but if you really think you are entitled to the backpay due to the new judgment it’s worth hassling them.

Wow that's amazing, well done.
Sorry for the late reply but i don't come online that often (i suffer with really bad migraines and struggle even looking at a screen)
Well i finally plucked up the courage to phone them today, it took an hour and 20 mins to get through.
Explained the letter i had got from them said i had been selected to have my claim of engaging with others looked at again and they would be in contact with me etc etc
And the woman said PIP doesn't deal with that its a different department, when i asked her to put me through to them she said she couldn't and they would write to me in due course with a decision.
I am totally bewildered now.
I dont know whether or not to write to them ,but that took them months to reply last time.
Its ridiculous. xx

sammyc37

poppy123456 said:

Hi,

There's been some other members asking about this too over the past several months. Unfortunately, the same with all other decision's, there's no timescale. Once a decision's been made you will be sent the decision letter. Sadly, you're not the only person wait on this. Nothing more you can do but wait.

Well i finally plucked up the courage to phone them today, it took an hour and 20 mins to get through.
Explained the letter i had got from them said i had been selected to have my claim of engaging with others looked at again and they would be in contact with me etc etc
And the woman said PIP doesn't deal with that its a different department, when i asked her to put me through to them she said she couldn't and they would write to me in due course with a decision.
I am totally bewildered now.
I dont know whether or not to write to them ,but that took them months to reply last time.
Its ridiculous. xx

calcotti

sammyc37 said:....the woman said PIP doesn't deal with that its a different department, when i asked her to put me through to them she said she couldn't and they would write to me in due course with a decision.

..
I dont know whether or not to write to them..

As you have been advised DWP have dedicated teams that carry out this type of review. There is nothing you can do but wait (unless you want to raise the issue with your MP).

sammyc37

calcotti said:

sammyc37 said:....the woman said PIP doesn't deal with that its a different department, when i asked her to put me through to them she said she couldn't and they would write to me in due course with a decision.

..
I dont know whether or not to write to them..

As you have been advised DWP have dedicated teams that carry out this type of review. There is nothing you can do but wait (unless you want to raise the issue with your MP).

Yes,i think im just going to have to try and forget about it and if something does happen further down the line it will be a bonus

Jasonhar

Bulbs89 said:

This might give a bit of hope to some with regards to this so bear with me and I hope this will make sense..

I was first transferred over to pip from dla in 2016 ( yes I know pip is different from dla but on dla I was awarded High rate care lower rate mobility) then after changing over to pip and  having a paper assessment was awarded standard rate care. I was not happy about that so did an mr stuck to there original decision so took it to the tribunal was awarded was in and out within 10 minutes and got awarded high rate care and low rate mobility ( same as I had on dla ) they awarded me them 4 points for needing support ( at the tribunal ) not with the paper based assessment. So went from 11 points for the care element and 0 for mobility element to 13 care element and 10 mobility element. That was October 2017 I went to the tribunal.

Award was supposed to end December 2019… as it was awarded by the tribunal it should of been classed as a new claim when the time came to me replying if I wished ). 

December 2018 
A brown envelope drops through my door ( yes I know some of you say yeah that’s normal nothing wrong about that ) well I disagree due to the fact it was awarded at a tribunal just over a year before. 

It was only my form for pip ( review form I think ) 
So anyway basically said nothing had changed since the 14 months previous where I won my award at the tribunal actually wrote that and included all the evidence I had sent previous including the tribunal award.
March 2019
had a f2f assessment..
april 2019 
got pip decision got dropped down to standard care again ( there whole reason was based on the 2016 paper assessment report that was now invalid due to the tribunal award ) 
Put in an mr stuck to the original decision standard care only.
put in to appeal at the tribunal… July 2019
august 2019
decision maker calls with 2 days left to reply to the tribunal services 
we can offer you standard care still plus Standard mobility ( standard care points 11 standard mobility points 10 ) 

At the time I had a lot going on and didn’t really know much about pip so I took it. ( they took the 2 points of for engaging with others ) award due to end last year got extended due to covid.
august 2021 
rang pip about the new mm judgement was told we will get round to you and will let you know ( also as my award was due up for renewal anyway and as I had got stung last time I requested a change of circumstances form so they couldn’t use the reports before) 
September 2021 chased it up to then be told as a change of circumstances is in progress they can’t look at my claim untill a decision has been made on my change of circumstances.

December 2021 
rang pip about an update on my change of circumstances to be told it has gone to the assessment provider after sitting collecting dust for 10 weeks. ( there reason not enough evidence again I disagree)

january 2022

i was at the end of my rope with it all so I rang pip again and I must of been lucky that day ( lucky love that word )
spoke to an advisor first then she put me through to someone higher who I really felt listened to what I was saying ( not going to go into details )
he then said let me have a look into this and I’ll call you back ( I basically asked him is it possible to get a different decision maker to have a proper look as I had sent in a lot of relevant and up to date evidence) 
An hour later my phone rings it’s the nice man again and he said Iv found the new evidence you sent ( 😂) and a different decision will be having a look tomorrow can’t give you a specific time but she might ring you ( ah ha )

the very next day my phone only rings and it’s the new decision maker who was really nice was on the phone maximum 10 minutes ( she didn’t string it out )
basically said I have enough information 
The usual questions they ask about hospital stays and bank details.

2 weeks later brown envelope through the door
high rate care - high rate mobility 
I think 16 points for care and 12 points for mobility 
4 year award 

February 2022
chased up the MM judgment got a nice man and I explained I wanted the April 2019- august 2021 pip award ( as the appeal had lapsed due to taking less offer from dwp and wasn’t decided by a tribunal I felt I met the criteria….

16th of March 2022

phone call from pip telling me they have looked at the judgment and they have decided they have been underpaying me from April 2019 - august 2021 and the bank pay will be in my account in the next 3-5 working days…

sorry for the long post but if you really think you are entitled to the backpay due to the new judgment it’s worth hassling them.

Hi i'm in same situ - i have 11 points and I should qualify for the MM which would take me into the enhanced daily living. SO what should I do? phone them and ask them to review/reconsider? if I do that i they decide to review/reconsider, will they stop my PIP payments and also the knock on with severe Disability Premium on my ESA? Because if they do i would be down £500 a month for however long they take to review it? or do i still get my pip payment while they review it?

poppy123456

@Jasonhar they will contact you, you do not need to contact them. Your current award will continue as normal until they contact you. 

ibby1

Hi everyone to everyone who have got the backpay WELL DONE. I’m really frustrated and tbh the pip people on the phone got me down for a few days . I made a call and was told I was not entitled to the backpay but surely I do. I was awarded the standard rate daily living in 2020 and received a letter dated the 15th stating I was still on the standard rate of daily living and the enhanced rate of motability from 2020 but my claim had been extended to December 2024. 5 days later I received another letter and to my surprise I was awarded the higher rate daily living. I forgot to mention that before the MM I had scored 11 points and on question 9 I was given the full 4 points instead of the 2 taking me to 13 points hence the enhanced rate. However my backpay from November 1st to the 29th 2023 made no sense and I called the pip helpline. After speaking to 3 different people and being passed around for a few hours I was told I was not entitled. I missed a call the day before yesterday so I called back only to be told my claim had been looked at and was right. I felt betrayed as the MM decision applies in my case. Anyway I got another call yesterday and I missed it again. I’m so overwhelmed I haven’t called back. What should I do? Any suggestions??? I keep reading posts of people getting their backpay which is awesome but what do I need to do??? Please somebody help me….

ibby1

I’m going to call them in the morning but I’m so anxious I can’t tell you it’s nerve wracking