What to do if the award is incorrect, in that it seems too high?

Sumi · October 2021

I know if an award is not what you’d expect you would raise a mandatory reconsideration as the first stage of appeal. However is this the same if you believe the award is too high?

We applied for PIP for my husband and he was given a paper-based assessment but we both feel he has been awarded too highly for mobility.

The points he scored I don’t believe he meets the criteria for and although we can see where they may have made the leap to it, neither of us feel it is correct to take the higher award that we don’t feel he’s owed it.

Is there a process for rectifying this?

poppy123456 · October 2021

I think before you doing anything else you need to get some expert advice. It's very easy to under score yourself for PIP when you don't fully understand the descriptors and criteria and there's a lot of people that just don't understand it. Start here. https://advicelocal.uk/

Sumi · October 2021

I’d imagine it’s more common to over score yourself rather than under?

I’m certain it is incorrect. He has no physical disability and they scored him 4 points in moving around.

We only filled in the mobility section to reinforce what we’ve said in in care. Reading online we thought it may score him on planning a journey under descriptor “c” but they’ve awarded “f” giving 16 points in total when he should at most have scored 8 (and we’d have been content with zero).

poppy123456 · October 2021

Nope, people can underscore as well as overscore.

Descriptor 1C .. can't plan the route of a journey. 1F can't follow the route of a familiar journey, there's quite a difference between the meaning of both. Extremely difficult to give any advice without knowing exactly how his conditions affect him.

For moving around, does he have asthma, COPD or anything that causies him to become out of breath while walking?

Sumi · October 2021

We thought perhaps 1c because my husband can’t read or write, so planning a journey is very difficult because he can’t read directions, road signs and such, but that’s all we covered in mobility.

The 4 points in moving around we don’t understand at all and doesn’t appear to have been written about him. He has no issues with this and it even notes that my husband goes on solo walks around our area each day for around an hour for his mental health. They’ve written 1f with a safety slant. I’d understand if it was places he doesn’t know but he has a better sense of direction than me most the time!

It’s definitely incorrect.

I tried calling Citizen Advice but they basically said we’d be stupid to give up extra money.

Sumi · October 2021

Aw it’s sad they felt the need to hide their condition from the other. I’m certain that isn’t the issue here, he gave permission for me to get copies of his medical records when filling out the forms and I wrote them all for him with his verbal input. The mobilising part is definitely an error, the 1f I don’t know why they’ve scored it that way and doesn’t feel correct. I really don’t want to do anything wrong.
I know you say about official error but as I’ve noticed the problem, wouldn’t any overpayment be recoverable because I didn’t notify them as soon as I was aware?

poppy123456 · October 2021

Without fully understanding the PIP descriptors in question, how do you know for certain that 1F doesn't apply? Offical error overpayments in this case are not recoverable.

Sumi · October 2021

poppy123456 said:

Without fully understanding the PIP descriptors in question, how do you know for certain that 1F doesn't apply? Offical error overpayments in this case are not recoverable.

I’ve a fair understanding of the descriptors and understand my husband enough to know it doesnt really apply. He has no issues with following route of a familiar journey on his own or otherwise.

Sumi · October 2021

Username_removed said:

O/ps are recoverable if there was a failure to disclose/misrepresentation and that caused the o/p. Here, that does not appear to be the case.

Different with Housing Benefit et al where all o/ps are recoverable by default unless you can show official error and, even if you can, you also have to show that you didn't know you were being overpaid and didn't contribute to it in any way. The same tests do not apply to social security benefits.

Your obligation is to notify of changes of circumstance. This is clearly not that.

Do you know where I could do more reading on this? I’ll try and leave it as is but the worry they might think we’re being fraudulent does concern me.

I’ve re-read our application and evidence and no where did we even slightly suggest he had trouble with mobility or needed someone with him outside so definitely not our fault here.

Sumi · October 2021

Thank you @Username_removed you’ve helped put things into perspective

Thank you @yanni as you’ve helped me view 1f and why he may have been awarded in a different way too

What to do if the award is incorrect, in that it seems too high?

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