PIP Appeal - date changed?

Loz01

Hi everyone. Sorry I will try my best to keep this concise and short!!

My Mum had a full hip replacement two years ago that went wrong, basically. The stent (not sure if thats the correct term) is too long and she has a severe leg length discrepancy. Since then she has been to endless appointments to be told its her back, no its her leg, no its her spine, it wasn't the operation, she must've walked on a tilt before blah blah, this is still ongoing.

She was awarded the mobility part of PIP at the start of the year because she can barely walk now she is in that much pain with her hip/back/leg/knee. She missed the daily living component by 2 points so didn't get it. She appealed this and it was turned down so they asked if she wanted to an appeal tribunal. She went and won and was awarded the daily living part backdated from Jan.

Now, when she was sent the letter confirming all this, she noticed it said she was only awarded the MOBILITY until 2016. Well thats wrong, it was until 2020. Also the tribunal had nothing to do with that, it was just to try and get the daily living component. I wrote her a letter to say that it was wrong and needed changing back to 2020. (At tribunal she was awarded the daily living til 2016 so we thought they had just wrongly assumed both were until 2016)

She got a letter back two days ago basically saying "directions notice" and saying reducing her mobility award is something the tribunal does have power to do BUT not without giving her the opportunity to "make representation on the length of her mobility award and that they might reduced it. They did not so" It goes on to say a re hearing may come to a diff conclusion and then summarises by saying the options are: take no action and it remains the same (2016), re arrange a new hearing and have a whole new tribunal hearing. It then says she has 21 days to respond.

So basically, does she now have to go through the whole process again because of this? Does anyone have any experience of this? She doesn't want to go back and do it all again just because someone has said her mobility part is until 2016 when its actually 2020!!! The letter says she has 21 days to decide... well, surely its their problem, not hers? It says if she takes "no action" it will remain until 2016.

Congrats if you've made it this far :rotfl: and thanks if anyone can give any advice on this.

Diary

If she was awarded the mobility part in the first instance by the DWP until 2020, then the tribunal are well within their rights to change this which is what they've done. Your understanding of tribunal is incorrect they look at the whole award not just the part you want. The tribunal will never make awards for 2 different lengths of time as PIP is one benefit.

If they have erred in law you can seek recourse to upper tribunal to get the award lengthened. You may have a case for this if they said they'd warn you re length of award and then didnt
You will need specialist face to face advice to do this.

Loz01

Thank you for explaining. I don't see how they could shorten one though if it's been awarded to her for 5 years? Doesn't it make more sense then to just give her the daily living until 2020 also? She is trying to give up work/retire as she struggles now and does a job of 15 hour shifts and now she doesn't know if she can if all her payments will end in a year.

tomtontom

They've not shortened it as such, they've set aside the DWP decision and replaced it with their own. Their decision is that her award should be reviewed in 2016. They're not going to make a daily living award until 2020 if they feel there may be scope for improvement, either in her condition or in her ability to deal with it independently.

They've set out the options open to her at this point, have another hearing on the length of the award or accept the 2016 review date.

Diary

Loz01 wrote: »

Thank you for explaining. I don't see how they could shorten one though if it's been awarded to her for 5 years? Doesn't it make more sense then to just give her the daily living until 2020 also? She is trying to give up work/retire as she struggles now and does a job of 15 hour shifts and now she doesn't know if she can if all her payments will end in a year.

It doesn't make more sense to lengthen the award - the tribunal isn't about being sensible. Its about what they see is the realistic option for your mum within the law. Her payments will not end in a year if she still meets the PIP criteria.
As I said they cannot make 2 lengths of awards so while they may feel her mobility will meet the criteria still in 5 years they feel her daily living will not.
If they are wrong then she will be awarded PIP again when her current award runs out. The tribunal looks at her whole award and comes to an independent decision, the tribunal are free to do as they see fit - remove the whole award, award much more than DWP did, etc.

It's likely she will receive an invitation to reclaim PIP sooner than her award end date so you should prepare for it sooner rather than later - there are some brilliant web-sites to help fill the form in if you need them. Or come back to here.

Loz01

Thank you. I think she is going to leave it and have it reassessed in 2016. IMO she will DEFINITELY need her blue badge ongoing now as she can't barely walk, even with a huge heel lift in her shoe. One doctor told her that revision surgery is out of the question and then suddenly at the next appointment they said she will probably need it (although they are trying to blame all of this on her spine/back now!)