PIP, DLA and AA
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Pip review after tribunal

claireybclaireyb Member Posts: 4 Listener
edited June 2018 in PIP, DLA and AA
Good afternoon, I was wondering if anyone could offer some advise please?

My husband applied for PIP 2 years ago. He has severe anxiety and depression. After his face to face he was awarded 0 points for both so we appealed. This went to tribunal and managed to be awarded enhanced for both rates. The DWP asked for a statement of reasons from the tribunal courts which was very lengthy, it proved why they came to their decision by following laws etc. The DWP didn't contest this and awarded him his PIP.

His PIP was due to end next May, and he received a AR1 last month. As far as I understand this is a review of his original claim - not a new one. Nothing has changed, apart from him being on a list to be formally diagnosed autism, he is still seen regularly by a psychiatrist and on his same high dose medication. We sent back his original statement of reasons from the courts as evidence, we saw this as the most useful due to it containing all the relevant information.

We have then received a letter from CAPITA saying that they are reviewing all of his information and may request a face to face assessment.

My question is, do you think it is likely he'll be called for an assessment? I really don't think he'll cope, especially if it goes to another tribunal. And the tribunal will be appealing against his initial tribunal wouldn't it? As this is a review, not a new claim. It's all so confusing. Many thanks for your help.

Replies

  • sue1965sue1965 Member Posts: 26 Connected
    special circumstances you maybe able to request a home visit, this may need a letter from your doctor. Please make sure there is somebody with you at assessment as from personal experience and hearing from others a lot of assessment officers can twist or change what you report to them. if you`ve not completed forms yet get CAB or other assossiations to fill in as they can help you fight if involved from begining.
  • markyboymarkyboy Member Posts: 374 Pioneering
    when you got your tribunal award unless it has a review date on it the DWP cannot review you 12 months prior to your award ending they will ask you to re apply 14 weeks before your award ends which is next May
    I have just won my tribunal and my award was till Dec 2019 i was due a review this Dec but because the tribunal did not mention a review date they have told me to apply for a reassessment 14 weeks before Dec 2019
  • claireybclaireyb Member Posts: 4 Listener
    Thank you so much for your replies.

    I have checked his original statement of reasons from the court  and tgeir initial appeal upheld paperwork. It states that his award is valid until May 2019. It does not state anything about a review - it doesn't say either way. They said that his condition is unlikely to improve over 3 years, which after 2 it hasn't. 

    However, upon checking his dwp entitlement letters they have stated that he will hear from them in May 2018 to see if anything has changed. Which is why he received the AR1.

    Is it worth contacting the DWP to remind them that the courts haven't recommended a review, or wait for his face to face to.come through? 

    Thanks again 
  • Steph61Steph61 Member Posts: 2 Listener
    Hi. So sorry you are going through all of this with your husband's benefits. If you do get called for a face to face make sure he doesn't go alone and don't be afraid to butt in with things you feel should be put down. Also make sure you  request the assessment to be recorded...they supply the equipment and afterwards give you one of the two recorded tapes. I was called for mine (ESA) a few months ago...totally a wreck about it..but I am sure knowing that the whole interview was on recording made for a better outcome...they can't twist your answers or put down false answers. Hope that helps. 
  • claireybclaireyb Member Posts: 4 Listener
    Thank you Steph, he has had 2 f2f - dla first time scored 0, we didn't appeal, applied for PIP later on, scored 0 points again. Appealed this time and changed to enhanced for both. Both assessment reports were untrue. I wouldn't say they contained lies as such, just omitted very important details, ignored medical evidence etc. We were trying to avoid another f2f really, especially as this is a review rather than a new application.

    Reading other posts it looks like they are doing this to a lot of people
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    The legislation allows the DWP to use a specific regulation to review any PIP award at any time and, once it’s started, there is no way to stop it so people are barking up the wrong tree there. 

    The bigger mistake though is to write “no change” and not put in up to date information supporting that assertion, and, without evidence, that’s all it is, an assertion. The evidence put in in this case is essentially two years out of date and so will trigger a face to face assessment. 
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    Why is it 2 years out of date, evidence is evidence surly?
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    Nope. Evidence is weighed according to what it addresses; where it came from and it’s age. A 2 year old tribunal decision tells them nothing as to how he is now and doesn’t bind, inhibit or help a decision maker in any way. 
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    What a load of [email protected]@p, what’s the point in the whole thing!!

    i have always sent in evidence no matter how old.

    No wonder people give up, on the hamster wheel  :/
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    Some old evidence will be relevant such as a 10 year old CVI for example but the principles I am describing are nothing to do with social security. They are general legal principles of evidence and they are undoubtedly good practice and good law. 

    What specifically do you think a 2 year old tribunal decision will tell a decision maker about the extent of daily living and/or mobility needs right now? It may not even be the full statement of reasons. It might just be the summary decision. 
  • SingleandmaltSingleandmalt Member Posts: 4 Listener
    Things change and people’s condition can get worse. If you put no change then that’s saying it hasn’t changed or got worse.
    when you apply for pip it’s “how your health conditions affect you then”.
    hence why any changes to the conditions you’ve put on the form won’t be listened to in some cases.
    If “nothing has changed since the date of your original claim” and you tell them that yet, the tribunal has said in its statement of reasons that your conditions are going to get worse and not get better. Then your doing yourself a disservice.
    id give them an up to date statement by your dr or consultant and tell them how things have changed. As the tribunal seemed to have listened and supported you in their changing the number of points from 0 so I’d just get an updated letter and medical evidence from anyone your husband sees medically. As well as write a statement yourself saying as how you see things have changed on a daily basis.
    please don’t put “nothing has changed” as you will be falling straight into the clutches of capita etc.

  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    My point was that some people’s situation maybe the same as the last PIP form.
    I do understand things might get better or worse but the also maybe the same.

    im not suggesting people should put no change if there has been but equally it there’s no change then that’s what I would put. 

    Only my opinion though
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    There is absolutely nothing wrong in putting “no change” of that a truthful reflection of the current picture. The issue is that 

    a) it’s rarely true. Almost everybody will have some change no ,after how small when you stop and really think about it, and...
    b) whatever you write, you have to evidence it. Just writing it is a guarantee that it will be rejected and a face to face assessment will be triggered to do the evidence gathering for you! If you can put in up to date anecdotes and incidents in full detail then you’re most of the way there.
  • SingleandmaltSingleandmalt Member Posts: 4 Listener
    From what ive seen about face to face reviews and assessments the reason why so many are given zero points has been due to the assessors not exactly being truthful with what they’ve seen. One example being a man with no legs being reported as “”they walked into the assessment centre”. 
    Such untruths then trigger a refusal and then cause further upset to claimants while they are forced to wait for over one year for a tribunal hearing. And then even longer for the decision to reach the dwp.

  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    Which is exactly why you want your ducks in a row on your claim pack; review form etc. Ultimately it wins out but it can’t if it wasn’t there in the first place. 
  • SingleandmaltSingleandmalt Member Posts: 4 Listener
    Not everyone is astute enough to make sure everyone is able to manage the actual claim or review request themselves.
    i used to do casework for a large advice charity and even they get it wrong sometimes.
    but yes if your able to line up all your ducks at the beginning and make sure their in a row in line you will stand some chance.
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    I’m not sure I asserted anything about people being astute :) I would say that whilst not everyone is capable of gathering and recording evidence the people purporting to act on their behalf should be.

    Like everything, charities are variable for many reasons. Unfortunately my experience over 3 decades plus has been that it’s the larger charities which perpetuate the “just tell them what you’re like on your worst day” nonsense and the “just write “No change” all over the form” type things which cause all manner of problems they generally then don’t have the capacity to pick up and fix.

    I am of course generalising. There are and were many excellent exceptions. 
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