Can you ask for an existing PIP claim to be reviewed?

TechGuy81

Hello all, I have a query regarding my existing PIP claim I hope you can help with.

First some background - I was born profoundly deaf and was a hearing aid user until receiving a cochlear implant in my 20s. I received DLA since I was a child, both care and mobility.  When the time came that I had to apply for PIP, my initial claim was unsuccessful.  I contested this and asked for a Mandatory Reconsideration, which was successful. I was awarded the standard rate for daily living with 8 points for communicating, and nothing for mobility.  This was back in 2017 and even though I wasn't entirely satisfied with the decision, I was scared of losing it again and decided not to push further.

I recently became aware of the ruling regarding 'Washing and bathing'. I scored zero points for this, even though I cannot hear a fire alarm or shouted alerts when not wearing my implant.  I believe I am likely entitled to the extra 2 points, although I haven't received any correspondence about this so far.  

While looking through the rest of my application again, I noticed that I scored zero for 'mixing with other people' with the note "you can engage with other people unaided".  This seems a bit odd to me considering that I literally cannot communicate verbally with others without the use of an aid (cochlear implant).  I also struggle to engage with strangers and regularly need assistance understanding them, and them understanding me, so I am at a loss as to how I could score zero points on this?

My question is, is it worth asking for my PIP claim to be reviewed or do I run the risk of losing it?  I am aware that if, in theory, I score 10 points since the new ruling, I could potentially score further on 'Mixing with others' and hence be awarded the Enhanced rate?  Am I on the right track here?

poppy123456

The new ruling for washing and bathing means that they will look at claims that had a decision on or after August 2020. As the decision on your claim was made in 2017 then it wouldn't apply to you. https://www.gov.uk/government/publications/personal-independence-payment-changes/risk-and-safety-changes-to-pip-law-from-21-august-2020

You can report the changes but doing this will mean new forms will be sent out to you, which you will need to fill in and return with all your evidence. You will most likely have another assessment because your whole award will be looked at again.

The decision could either remain the same, be increased or refused and your current award will then end.

TechGuy81

poppy123456 said:

The new ruling for washing and bathing means that they will look at claims that had a decision on or after August 2020. As the decision on your claim was made in 2017 then it wouldn't apply to you. https://www.gov.uk/government/publications/personal-independence-payment-changes/risk-and-safety-changes-to-pip-law-from-21-august-2020

You can report the changes but doing this will mean new forms will be sent out to you, which you will need to fill in and return with all your evidence. You will most likely have another assessment because your whole award will be looked at again.

The decision could either remain the same, be increased or refused and your current award will then end.

Thanks Poppy.

I'm struggling to get my head around why it doesn't apply to claims pre-August 2020?  At the time of my claim, I filled in that relevant section and mentioned the exact same issue the tribunal has ruled on?

Regardless, if I have to fight for it (again!) then I will.

poppy123456

I have no idea why it doesn't include claims with a decision before that date, i don't make the rules. Of course if you report a change of circumstances then the rule will apply because they will be looking at your claim again and a new decision will be made.

calcotti

I assume the ruling is not retrospective so doesn’t affect earlier decisions.