PIP Payments and the Appeals Process

rustyFH

Hi,
I'm looking for some info regarding PIP and the appeal process. Can't get a straight answer anywhere so hoping this forum can help.

I've just been awarded PIP enhanced mobility (great) but no award for daily living (surprised). What I don't understand is the following:

Were I to appeal I still receive enhanced rate mobility - correct?
But if I lost everything at appeal, would I have to pay this money back?
In that case is it 'safer' to go through a change of circumstances route, do the whole process again, risk my current award but retain any benefit I've been paid in the meantime?

Any advice?

Many thanks 

poppy123456

The first step to appeal is the Mandatory Reconsideration. (MR) Your exisiting award will continue while you wait for the decision. The most likely outcome is the decision will remain the same.

If you take it to Tribunal any award you have will also continue.

No, you will not have to pay anything back. If it gets to Tribunal stage and theres any risk to your current award they usually warn you before removing any points, this will then give you the chance to cancel the hearing.

I wouldn't advise a change of circumstances at the stage.

rustyFH

That's great - thank you. I knew my award would be at risk just couldn't find anything to clarify the money situation. That's clear now. Thanks again.

Tori_Scope

Welcome to the community @rustyfh How are you doing today? 

I can see that poppy123456 has been able to give you some guidance on the appeals process. It's good to hear that's been helpful for you! 

How are you feeling about the prospect of challenging the decision? 

Are you confident on what kind of things you should include? 

rustyFH

Hi,
I'm waiting on the report at the moment so I have no idea what they have put in there in order to challenge it. But hopefully that will come soon and I can take it from there.
It just feels like the world's worse game show. Do you stick or twist?
I'm still worried the MR is going to take it all away and I'll be left with nothing. But even if they do that my current payment will continue until the tribunal hearing right?

calcotti

rustyFH said:

I'm still worried the MR is going to take it all away and I'll be left with nothing. But even if they do that my current payment will continue until the tribunal hearing right?

No. If the MR changes the decision (which would be unusual) then the MR decision would apply until such time as a tribunal made a new decision.

rustyFH

So in theory the MR could say we're taking away all your points, zero award, payments stop and I would get nothing until a tribunal said we disagree and are giving you the full award plus backpay? 
And just to rub salt in the wound, the wait for tribunals is something like 6 months I read?

rustyFH

That's why I thought a change of circumstances might be a better route.
Or if MR say no award then should I just give up and apply for the new Scottish PIP?

poppy123456

rustyFH said:

So in theory the MR could say we're taking away all your points, zero award, payments stop and I would get nothing until a tribunal

Indeed but as has been advised, the most likely outcome will be the decision remains the same. It's rare for someone to have their award taken away completely at this stage. Only about 27% of MR decisions are successful.

rustyFH said:

That's why I thought a change of circumstances might be a better route.
Or if MR say no award then should I just give up and apply for the new Scottish PIP?

In my opinion a change of circumstances is more risky than the MR route.

You can apply for the Scottish Adult Disability Payment if you live in Scotland. If you do live in Scotland then you will be transferred across at some point.

rustyFH

Yes I'm in Scotland and will be migrated to the new system by summer 2024 apparently. 
So given current waiting times, I think my plan of action will be something along the lines of:
MR (assuming no changes), then wait for tribunal whilst being migrated to Scottish ADP.
Or if I'm the unlucky one who has an MR remove my award, appeal whilst also starting a new application for the Scottish ADP which will almost certainly reach a conclusion first and let the tribunal rule on the time in-between.
Make sense?
Thanks again for your help 

poppy123456

I think you should focus on one thing at a time, MR then Tribunal. You will automatically be moved accross to ADP at some point.

rustyFH

Yeah. Just want to get it all straight in my head and have a backup plan for worst case scenario. Plan for the worst, hope for the best! Thanks again 

Alex_Alumni

All the best for your appeal @rustyFH if anything comes up that you need a hand with let us know, and we wish you all the best for a positive outcome

rustyFH

That's lovely - thanks very much 

L_Volunteer

You are welcome @rustyFH. It is the very least you deserve. If we can do anything else to help please don't hesitate to let us know. We are all here for you 

rustyFH

Thanks. That's very kind. 
If anything happens in the process that might be of use to someone else I'll be sure to post it.

rustyFH

Just wanted to let you know how things turned out for me incase it is useful to anyone else following. 

So, I got a text from DWP on Friday to say I've been awarded PIP and they would send me a letter. Couldn't wait on tenterhooks for that so called them up and got them to confirm what the award was. Then called them again on Monday to check something and request my report. The report arrived today (Tuesday). Still no sign of the actual award letter but assured it's on route! 

The report seemed fair enough. Things that were perhaps borderline just didn't fall my way. Although disappointed not to get what I thought I should've, I'm just going to take what I've got. The stress of not having to deal with DWP is an award itself! I may change my mind down the line but just don't have the energy to fight them or worry that I might lose what I already have. 

It's a really tough system, deliberately so! I just want to say thank you for your help, here and on other posts. It's greatly appreciated. Thanks again and good luck to anyone still struggling through it. 

Cartini

That was a good objective comment rustyFH.  It makes a refreshing change for someone to realise, and acknowledge in a civilised manner, that they thought they should have got more but didn`t.

rustyFH

Not sure I've been described as civilised before so thanks for that! 

I think it's just about knowing what a win looks like in this process and enjoying the freedom accepting it gives. 

We're all in the same boat, we're all struggling not only with our disabilities but extreme financial pressures. But PIP isn't free money. There's a cost in terms of your time, energy and mental health that not everyone has the resources to pay for. That's what makes it such a cruel system. 

I might be beyond poor but at least I'm reading bedtime stories to my kiddies rather than telling them to shh whilst I read DWP policy documents - and that makes me a millionaire!