PIP changed their mind and want the money back

Barr
Barr Online Community Member Posts: 4 Listener
in PIP, DLA, ADP and AA
A lady helped me apply for pip and I got standard care but no mobility. She said I should appeal and I wasn’t keen but she said I am entitled and she is advisor so I listened. They made their decision and they took away my care pip as well as they decided less points and now they asking for all of the payments I got since last year back!!!! My advisor said she is speaking to someone else for advice but then just stopped replying to me it’s been near a month since she replied. I email the welfare rights and they said just wait for her to reply but I don’t know what to do I can’t repay a year of pip!!! What do I do please? 

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited February 2022
    Given that you have an adviser who knows your claim it will be better to take advice from them than from a forum. Be a nuisance and keep chasing them.
    Having said that, on the face if it, you have nothing to lose by appealing to the tribunal service but it would be sensible to review everything you have submitted so far to see if you can strengthen your case (that's what your adviser should be doing).

    Advice on PIP form filling at top of this thread
    https://forum.scope.org.uk/discussion/56365/pip-form-filling
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,538 Championing
    Hello @Barr thanks for reaching out, I'm sorry to hear about what's happened, that can't be easy to deal with. I hope you can get in touch with your adviser soon.

    Citizens Advice has information on challenging a PIP decision if you decide to go down the tribunal route.

    We're here to support you so don't hesitate to reach out if you're unsure of anything, or have a question at any stage.

    Alex
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    Username_removed said:
    Next question. Where are you up to? Have you done an MR or are you already beyond that? 
    My interpretation of OP was that PIP was awarded but then taken away as a result of MR with DWP then treating all payments up to that date as an overpayment. If that is correct, leaving aside the opportunity to go to tribunal and possibly get an award put back in place, treating the payments already made as an overpayment doesn’t seem right.
  • Barr
    Barr Online Community Member Posts: 4 Listener
    She was from welfare rights but through my housing association, so I tried to call the welfare rights directly and they said she will get back to me when she is able but it’s been nearly ages since we got the reconsideration result and I don’t know what to do now.
    I don’t remember seeing the form before it was sent, am I meant to? She didn’t ask me many questions just about what my conditions are and I emailed her my medical records. She asked who cooked for me and how I got shopping but that’s pretty much it.
    Who else can I ask for help if welfare rights are not helping me? 
    How do I say about not paying the money back and how long do I have to try and argue it? 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    You are expected to lodge an appeal within one month of the Reconsideration but have up to 13 months.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Barr said:
     but it’s been nearly ages since we got the reconsideration result
    Can you be more specific on the length of time since you had the MR decision?

  • Barr
    Barr Online Community Member Posts: 4 Listener
    I spoke to citizens advice this morning and they said I’m too late to do anything as it’s been more than 30 days and I need to make a plan to repay the money. I don’t know what to do. I emailed the lady from welfare rights again but no reply and I tried to call and it just goes to answer phone.

    She didn’t have the time to read out the form to me so just asked me to sign it and she will send a copy but she sent me a scan and my vision isn’t good enough to read it but I trusted it was fine as she is trained in benefits.

    Am I really out of choices now? 
    Can I apply for pip again? And what is the minimum they will accept in repayments? 
    They want me to pay back what they paid from February to December!! 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited February 2022
    Barr said:
    I spoke to citizens advice this morning and they said I’m too late to do anything as it’s been more than 30 days 
    That is not correct. You are expected to appeal within one month but you are permitted to do so at any time within 13 months of the Mandatory Reconsideration decision. I'm sad that someone at Citizens Advice would give out such incorrect information (it should really be reported to the advice manager).

    On their own website it says
    Appealing against a benefit decision - Citizens Advice
    You should appeal within 1 month of the date on the Mandatory Reconsideration Notice.
    If you don’t appeal within 1 month
    The tribunal will usually accept your appeal up to 13 months after the decision.
    You should explain on your appeal form:
    - why your application is late - for example because you were ill or you didn’t get the Mandatory Reconsideration Notice because of a problem with your post
    - why the decision you’re challenging is important, for example because the money will make a big difference to you each week or month
    The tribunal will ask the DWP or HMRC if they object to the appeal being accepted late. If they object, the tribunal will decide whether to accept the appeal before they look at the facts of your case.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Barr said:
    I spoke to citizens advice this morning and they said I’m too late to do anything as it’s been more than 30 days and I need to make a plan to repay the money.

    That's terrible advice you've received from CAB.
  • Barr
    Barr Online Community Member Posts: 4 Listener
    Are they wrong about the repaying the money? 

    I don’t know where to go from here and really need advice. 
    In my area is citizens advice which you are all saying are wrong and this welfare rights who did my claim to begin with but still aren’t replying to me.

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