Pip awarded then cancelled

f110

Hi

i was awarded pip for lower daily living for leg/hip disability 
but after sending new evidence for anorexia I asked for MR but All my points went to zero 
this is in space of a few weeks 

I have appealed to tribubal
wanted to ask if dwp would overturn decision in their response or will it go to tribunal 

bg844

They can revise the decision yes although extremely unlikely. I’d start preparing evidence because there’s a significant chance it’ll go ahead.

Do keep us informed.

f110

Hi

thank you for your response

It would be sheer stubbornness if dwp responded to go ahead as I have all medical evidence 

How long is the wait for tribunal if that was the next step 

so freaking stressful!! 

f110

has anyone here had thier decision reversed and been saved from tribunal? 

poppy123456

Sometimes DWP will offer an award before the hearing takes place but it's rare for them to do that, so don't expect this to happen. If they did do this then they often either get the award completely wrong (offer a lower award) or they will offer the award correctly with a short award period.

You can accept the award and your hearing will lapse. Wait for the award to be put into payment and then request a new Tribunal. The waiting times starts from the beginning again of course.

Are you appearing in person/telephone hearing? Paper based hearings have a very low success rate (5-8%) so i'd advise you not to request this.

f110

Hi thank you for the information 

I have a telephone/video hearing 

I find it very odd that they award pip and then withdraw upon me sending new medical evidence 
I was expecting them to increase the award not completely eradicate it
how do they make these decisions 
seem so random or they very drunk 

poppy123456

The most likely outcome of the MR is for the decision to remain the same. Sometimes the decision can change and they will either increase points for an award to be made or you will lose points and an award can be removed.

f110

Being a little skeptical but do DWP make it challenging on purpose so people give up pursuing ? 

The decision making doesn’t make sense at all 

f110

Oh forgot to ask 

if goes to tribunal- (I’ve been advised it could take up to 6 months) 

can I make a fresh pip claim now alongside it? 

calcotti

f110 said:

Oh forgot to ask 

if goes to tribunal- (I’ve been advised it could take up to 6 months) 

can I make a fresh pip claim now alongside it? 

As you don’t have a current award you could do that. However if you do that you create a ‘closed period’ and any decision made by the tribunal will only cover the period from your initial claim up to the date of the new claim and the new claim will still have to be processed in the normal way.

Cartini

poppy123456 said:

Sometimes DWP will offer an award before the hearing takes place but it's rare for them to do that, so don't expect this to happen. If they did do this then they often either get the award completely wrong (offer a lower award) or they will offer the award correctly with a short award period.

You can accept the award and your hearing will lapse. Wait for the award to be put into payment and then request a new Tribunal. The waiting times starts from the beginning again of course.

Are you appearing in person/telephone hearing? Paper based hearings have a very low success rate (5-8%) so i'd advise you not to request this.

Hi poppy / f110,

f110, I`m glad you asked "has anyone here had thier decision reversed and been saved from tribunal?"

I checked my bank account today and there is an entry from DWP PIP for an amount that equates to enhanced mobility from 14th December 21 to 22nd August 22.

I started an appeal by tribunal in early July, to which DWP did not respond.  Nor did they respond during the 21 days before HMCTS would decide what to do with my appeal.

I`ve had no phone calls from DWP asking me to accept an offer instead of the tribunal.

I`ve had no letters explaining / confirming the money.

On face value, it`s as though they have completed another review of my application and reversed their opinion.

Of course this is speculation until I get a letter explaining the money, but that won`t be for a couple of days because of the postal stikes.

Poppy, have you ever heard of / experienced this before?

Andy

calcotti

They shouldn’t change the decision without discussing it with you first but possibly if they have agreed to change it to what you asked for it’s possible they have done so.

f110

Hi Andy 

So you submitted appeal to tribunal in July and you got  paid by DWP in August (I’m guessing it is higher rate you appealed for?)
so dwp reversed thier decision without you having to go tribunal 

did you submit anything new to tribunal or same stuff you sent to dwp?

Cartini

calcotti said:

They shouldn’t change the decision without discussing it with you first but possibly if they have agreed to change it to what you asked for it’s possible they have done so.

Thank you calcotti.

f110

calcotti said:

They shouldn’t change the decision without discussing it with you first but possibly if they have agreed to change it to what you asked for it’s possible they have done so.

I’m telling you they drunk! 

poppy123456

@Cartini sometimes it happens but not often. They’ve clearly reviewed your claim and awarded Enhanced mobility. The reason they didn’t contact you is probably because you already had Enhanced daily
living so the mobility award would mean a full PIP award. 

You can of course request the Tribunal again based on the length of award only. If you do this, you must make it clear that you’re happy with the award and just want to challenge the length. Give your reasons why you think your award should be longer.
Great news and a good outcome! 

Cartini

poppy123456 said:

@Cartini sometimes it happens but not often. They’ve clearly reviewed your claim and awarded Enhanced mobility. The reason they didn’t contact you is probably because you already had Enhanced daily
living so the mobility award would mean a full PIP award. 

You can of course request the Tribunal again based on the length of award only. If you do this, you must make it clear that you’re happy with the award and just want to challenge the length. Give your reasons why you think your award should be longer.
Great news and a good outcome! 

Hi poppy,

I do indeed have enhanced daily living.

It is great news and it`s great news because of the advice not only your good self and calcotti have given, but also the input by everyone else on this wonderful website.

Thank you to everyone who contributed.

Andy

poppy123456

@Cartini it is always my pleasure! Thank you also for the kind words. 

At least you can now relax a little more knowing you have the correct award!