Repercussions of withdrawing my PIP claim after successful appeal

cassiet · July 2020

I had a telephone review of my PIP claim in April, and their decision was to end my PIP claim after scoring me zero points (my last claim I was awarded 16 points). Unsurprisingly, I took it straight to mandatory reconsideration because their decision was outrageous and the report I received was shoddy to say the least. I'm still waiting for their response. However, I am thinking long and hard about ending my claim once they've come back to me with their decision, regardless of what it is. Without PIP I will just about be able to get by, and though it won't be pleasant, I've been dealing with their demeaning, exhausting, and frankly corrupt system for a decade and I just can't do it anymore. The constant dread and uncertainty is doing more damage than good now and I'd rather be struggling financially and free of them. My main question is this - if they review my mandatory reconsideration and decide to reinstate my award (partially or fully), then they will owe me a lot of backdated payments. If at that point I contact them to say "okay, now I want to end my claim", is there any chance they'll take that as some kind of indicator of fraud and open an investigation into why I "suddenly" decided I didn't need PIP? The DWP have treated me like cr*p for 10 years and I'm damned if I'll withdraw my claim before their decision and let them keep all those backdated payments that I was fully entitled to, but I really just want out after that. I can't take it anymore. Short version: if they reinstate my claim, give me the money they owe me, then I tell them (politely) to take a hike, can they take the money back?

Adrian_Scope · July 2020

Hi @cassiet. I can only imagine the stress this is causing and I'm really sorry you're in this position. I've had experience of the PIP process can understand the thought process behind wanting to end your claiming rather than having to deal with them anymore.

Nobody can force you to claim anything, so if you want to cancel your claim you can do it. It might be worth until after the appeal decision and then holding on until you're reassessed and then choosing not to be. But of course this is a decision only you can make.

Just to make you aware: the success rate at MR is very low, so don't be surprised it's rejected at this stage. But if you decide to see it through and follow through to a tribunal appeal, the success rates there are much higher.

cassiet · July 2020

Thanks @Adrian_Scope - I'll have a think about holding off until my next reassessment (if my MR is successful), but honestly I'm so fatigued from dealing with them that I'd rather walk away than spend my time waiting in fear for that next brown envelope. I don't have high hopes for my MR being successful and if that's the case I won't be following it through any further. My last two reassessments resulted in mental health breakdowns, one of which involved having to be admitted as an in-patient for my own safety. Amazing that I got struck down to zero points despite that happening! But nothing surprises me anymore when it comes to their arbitrary decision-making.

janer1967 · July 2020

Hi and welcome as Adrian as advised if you are succesful at MR then why withdraw your claim after you have gone that far.

I understand not going to tribunal been there done that but if they award at MR you may as well take the back pay and the award payments and then don't apply again when up for renewal. It doesn't make sense to let go when you would have won, just my opinion of course

cassiet · July 2020

@Username_removed - That's really interesting, thanks! For the sake of discussion, I would assume if I instead reported a change in circumstances which would make me non-eligible, that would be effective? Another route I have been giving thought to is attempting to find That Unicorn Job – one that would fit around my disabilities without crippling me and pay enough to make my life comfortable enough without PIP. Not exactly the best economic climate for such a venture, but I suppose with the huge increase of home-working positions, it might actually be more possible now than before. Which then makes me wonder, should my MR be successful and I get my backlog of payments, and then inform them that I've found such a moon-onna-stick job, could that lead to an investigation/further reversal of their decision?

cassiet · July 2020

@Username_removed - my question now would be, could the DWP try and play silly-b*ggers and turn around and say "hey, you took work which must mean your condition has improved* so we doubt your MR, and you now need to return the back-payments you received"?

*It really hasn't. I've just never been successful at getting suitable work for my disability. Otherwise, I'd be doing that rather than jumping through their flaming hoops!

cassiet · July 2020

Oh, I submitted my MR back in May (it was VERY extensive). I was more talking about what would happen if it was successful and then I told them I was going back to suitable work and therefore needed to end my claim.

Repercussions of withdrawing my PIP claim after successful appeal

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