Points swapped around and bits of my appeal refused by DWP — Scope | Disability forum
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Points swapped around and bits of my appeal refused by DWP

pipinhell61159
pipinhell61159 Community member Posts: 18 Listener
edited January 2022 in PIP, DLA, and AA
Hi, Im looking for abit of advice if anyone can help it would really be appreciated.I won an appeal on pip after being refused on both.then sent more evidence in to because health got worse only to find points had been swapped around  and bits of my appeal refused by DWP can this happen after tribunal? .
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Comments

  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Any help would be great sorry it's this late at night.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Anyone out there ?
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    Hi,
    Sorry no one answered your question straight away but as you said yourself, it was rather late (or early hours) when you posted. The majority of our members were very likely sleeping, like myself.
    Are you saying you reported a change in your health condition, which prompted a reassessment and you lost your award, or had a lower award?
    Or did DWP appeal the Tribunal decision? Sorry but it's not clear what exactly happened.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Hi poppy sorry this is new to me. Thanks for reply. I will explain. I had applied to pip was refused and took it to appeal where I won on mobility. I was a warded Ten points... later I sent the DWP fresh  evidence because  I became more ill and my points were moved from mobility to daily care after appeals decision on mobility? because I sent in further evidence about my health stopping mobility but that isn't any different. Can the DWP swap points after appeal?. I hope that's abit more helpful
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited December 2021
    If you reported a change to DWP they will then carry out a new assessment. This is a complete appraisal of the whole award and overwrites any previous decision (including one made by a tribunal).

    If you are unhappy with the new award then you will have to ask for an MR and if that is unsuccessful appeal to the tribunal service again.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Also Dwp didn't appeal decision?
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    You reported a change in condition which prompted a reassessment. This means the decision that was made on your change of circumstances overruled the Tribunal decision. The Tribunal decision no longer applies. If you're unhappy with the new decision then you can request the Mandatory Reconsideration and the process starts again.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Also Dwp didn't appeal decision?
    That's not relevant. As advised when you report a change the DWP carry out a new assessment and this replaces any previous award.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Thanks calcotti much appreciated.take care 
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    After refusing by Dwp  and appeL allowed can DWP then  say that's changed when it's still on going ? Like you no longer get help for mental heath if you do and that's been proved 
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    When the DWP change things after appeal and you send further info in say six months ago should they start from that date or in the future as mine was started Dec?
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    You reported a change in condition which then prompted new forms to be sent out to you. This means you were reassessed, as advised. The new decision overruled the Tribunal decision, which means the decision the Tribunal made no longer applies.
    As advised, if you disagree with the new decision you can start the MR process again and if the decision doesn't change after that it's Tribunal again.
    The new decision should apply from the date you reported the change, if those changes were present for at least 3 months.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Hi. I never received any new papers.However was advised if my health changes you must inform them so circumstances only got worse no differences to previous sercumstances. Mobility is exact same it's just that they took points off that and swapped them over.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Hi. If I receive someone else's documents and they are to do with a child what can I do to make sure this never happens to any child and who can be held responsible?.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Hi sorry msgs are mixed up. Whom am I replying to ?
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    Lets start again. Did you report a change in your health condition after you had your Tribunal decision?
    If you did, were you sent more forms to fill in for another assessment?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Yes after appeal. Also no new forms sent out to me. I thought I was just reporting further health problems after already being refused on both accounts.
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    It is possible that they've reassessed you without sending out new forms. Have you received a new decision letter after you reported a change in your health condition?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • pipinhell61159
    pipinhell61159 Community member Posts: 18 Listener
    Yes but mobility points have reduced and situation is still the same. Only health has deteriorated. And what appeal gave me on mentle health DWP say I don't get even when I've proved I do still?

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