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Pip review after tribunal
claireyb
Member Posts: 4 Listener
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.
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
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
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
Reading other posts it looks like they are doing this to a lot of people
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.
i have always sent in evidence no matter how old.
No wonder people give up, on the hamster wheel
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.
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.
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
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.
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.
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.
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.