Previous DLA lifetime award - Losing out in Pip transition

Thanks for sharing @woodbine that certainly is a good outcome.
Is your Pip fixed for 2 years? More?

My original Pip award was for 'an ongoing period. When I challenged the award (not being awarded Daily living) and then wrote a letter of complaint about the MR decision taking too long ( 17 weeks) my award period was reduced from 'ongoing to fixed term of 2 years.

@Username_removed I've found the DWP to be pretty evasive and ambiguous on the subject of 'duration of award'.

When I questioned why, after writing a formal letter of complaint (which was never acknowledged) that my award was reduced to a 2 year fixed term, they said ' ongoing period meant nothing and they can ask for a review any time, therefore , getting awarded a duration of 'ongoing which I was under the mistaken belief, was equivalent to 'light touch or 10 years, seems this is not the case and the goal posts can be moved/changed on a whim.

I agree Mike, that people often forget about the award duration when fixated on the amount of award.

Some clarity from dwp on this would be helpful but seems impossible to get ?

 Original, I've ended up saying way more than intended so apologies in advance for rant message. (Not toward anyone here, just the sheer frustration of an unjust system)

I was told that people who have a lifelong disability that won't improve/will only remain static or deteriorate, incurable etc, would be awarded 'light touch/10 year reviews.

When I tried to get clarification about this, I was told by pip advisors that award duration is essentially meaningless, as they can call you for a review at any point, irrespective of how long the duration of your award is for.

I've had this told to me by more than one Pip advisor, so I wonder if they are told to say this to anyone who does challenge or question the duration?

I am pretty certain that my original award of ongoing period, was purposely reduced as a punitive measure for daring to complain.

I've no way as such to prove this (I raised this query again just last week with Pip) as to why my award was reduced to 2 years after I complained.

At first she gave me the stock answer about duration of award being irrelevant and tried telling me that there was no record of me getting awarded for 'ongoing period

When I said I had the original award notification which stated clearly, for an ongoing period, she then asked if she could call me back with info about who to write to/why my complaint was never followed up etc.

In hindsight, I think she must have realised that giving me ambiguous stock answers, wasn't going to fly with me and my saying I have a copy of the original award stating for an ongoing period etc gave pause.

When she called me back, she said that she had found the copy of my original award which did indeed state for ongoing period.

However, because I'd been to tribunal and the judge had changed it from 2 years to 4 years, they could not override the judge.

I explained that the judge clearly had not noticed for whatever reason, the original award notification, but was going off the 'revised fixed term of 2 years (no doubt this was supposedly a win for me) but I questioned again, how this appeared punitive and the dwp playing 'fast and loose with people's awards because they dared to lodge a formal complaint.

Again the pip advisor defaulted to judge's decision cannot be overruled etc, completely divesting the dwp of any wrong doing about changing the award duration.

Then back to her original argument about the irrelevance of duration, since they can call a review anytime.

That says to me (and forgive me if I feel this an abuse of power)

That Dwp hold the cards. You should shut up and put up because we can make your life difficult if you complain, and even if you have something in writing, from us, we still have the power.

Essentially saying that unless you go away quietly, they can do what they want and you have no way to remedy this.

Which is why I believe there needs to be clarity. So people can exercise the right to challenge a decision, without fear of punitive repercussions.

It's so frustrating because at every juncture, I've never been able to get this issue answered. It's as though the person who took umbrage at my written complaint, reset the parameters and the original award quietly disappear
ed into the ether.

FTT judge didn't take this into consideration, going only on the revised decision of 2 year fixed award and increasing it to 4 years.

This has followed right through my appeal process to UT. Where again, the judge said the appeal re award duration held no merit, as the FTT judge 'had given me an extention of 2 years'

Despite having the letter of award duration stating it was for an ongoing period, written in black and white, it has been ignored and the punitive decision has followed on like a bad smell.

Just makes you feel so powerless and hopeless when the systems that are in place, to remedy such matters, won't even glance at the evidence presented in front of them, but only look at was done afterwards. 

Which in turn, begs my question of whether written duration of the award, holds any credence whatsoever, if the dwp can abuse power this way, by making your life more difficult?

Sorry. Never meant to rattle on, but until or unless, I get any plausible answers to how this can happen, I will always feel that this is an injustice. One thing in my life that I've always detested and ferl passionately about.

My anger is not directed at anyone here, but I what I perceive to be a great injustice and an abuse of power to a societal group who are vulnerable to begin with.
And breathe... rant over.. 

littleacorn said:

I have had higher DLA for about 25 years. Was so frightened to complete PIP form so just left it as long as I could. Was awarded higher for both ongoing. Nw I wish I had applied earier as I lost out on so much money but the thought of loosing my car was unthinkable. 

Totally understand @littleacorn and it irks me that people are afraid to say when their needs change or to challenge decisions, for fear of losing what they have if they rock the boat.

That, IMHO, leaves a balance of power that's weighted unfairly and therefore ripe for that power to be abused. A system that keeps the status quo through fear. (Sorry, I probably sound like some radical conspiracy theorist!) ?