' Any Time Review ' of PIP? — Scope | Disability forum

' Any Time Review ' of PIP?

PM77
PM77 Member Posts: 2 Listener
edited September 2018 in PIP, DLA, and AA
Hi I was receiving DLA  then I received a letter from ATOS saying if I still required this benefit it was changing to PIP and to complete the PIP Assessment. I sent it back and within a few days I received a letter saying that my claim was denied - no assessment done. I asked them to review this decision again and within two days the answer came back - ' we have not changed the decision. Again no assessment done. at this time I was not use to the DWP or ATOS. I naively thought they were there to help and support claimants. I did not realise how corrupt and unfair the whole system is.. Since then I have applied at least five times. Once I got as far as the UTT and no decision. - I felt the Judges are also biased.. I was told to ask for a Judicial Review. This was not possible as I could not get legal aid from countless solicitors for DWP Benefit Cases. Also I could not afford the fee of the Judicial Review if I lost the case. There is no justice for the disabled. I am considering requesting an ' Any Time Review of all my PIP Claims as for seven years I have been disabled and no financial support so I feel I have to at least ask for that - has anyone else asked for an ' Any Time Review ' of PIP?

Comments

  • Ami2301
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    Hi @PM77
    Welcome to the community! Sorry to hear what has happened, unfortunately I have not experienced anything like this therefore I am unable to advise, sorry. However another member of the community may know and will be in contact with you soon. I wish you all the best :)
    Disability Gamechanger - 2019
  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,101 Pioneering
    Hi @PM77,

    I'm sorry to hear about the problems you've been having with your claims for PIP.

    @BenefitsTrainingCo, would you be able to advise, please?
    Liam
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    PM77,

    Hi there. Sorry to hear about all your problems with PIP. It is surprising that you never had a face to face assessment, but on the other hand this would depend very much on what you said on your questionnaire (PIP2) and any medical evidence you supplied.

    I'm afraid I broadly agree with Mike's comments above. First of all, I certainly wouldn't request an any time review for all the decisions. It simply wouldn't make sense. I would have to think more about when the decisions were made, and what had changed in the meantime. Also, the decision which was subject to the UT decision seems highly unlikely to be challengeable.

    As Mike also says I would also want first to establish on what grounds you are entitled to PIP, that is, how you would score at least 8 points in either the mobility or daily living activities. If you haven't ever looked at this (& you may already have done so), then you could try using the PIP self-test as a starting point.

    The general ground for an any time review is an official error. I'd be surprised if you could use this for the UT decision as it would be very unlikely for an official error (particularly an error of law) to be made there, and if there were, you'd have to identify it. And would you be in time to challenge the UT decision anyway? That would have to go to the Court of Appeal, if you are arguing there was an error of law,  or be challenged via JR - which you would not normally be given permission to do if you have the right of appeal to a court. Time limits apply for seeking permission to appeal, although they can be extended.

    For the other decisions, you may have got as far as the first tier tribunal (and so could be out of time for requesting permission to appeal). Or you may not have gone to tribunal at all, but still, you'd need to show an official error in the decision you are challenging. What is the official error? As well as errors of law, it could be that there was relevant evidence the DWP failed to take into account, or failed to pass to the decision maker, or they failed to ask you something relevant to your claim. But all of this should have been considered at first tier tribunal, and almost definitely at UT. 

    Finally, I think you'd need to consider how old some of the decisions are simply because your condition may have changed since then. As Mike says, it is unfortunately possible for a genuinely disabled person not to be entitled. But it very much depends on what points you think you should have got - if you can show this, then one of the decisions may be worth challenging, but I'd be careful about which one you go for and I don't see how you could challenge the UT decision or any decision made at FTT without a late further appeal or (possibly but unlikely) JR.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.