help with after pip tribunal

solarsystem1

Hi All,
I have never posted to a forum so please bear with me. I desperately need some advice on behalf of my mother-in-law. She has end stage COPD for which she uses oxygen when going out and is also a c02 retainer so she uses a NIV(non invasive ventilator) when she goes to sleep and also has suffered from type 2 respiratory failure. She is in receipt of PIP standard mobility and also ESA WRAG. Last year she reported a change in circumstances to PIP and was sent out a form, it was filled out by the DAB and she had to attend a reassessment, she gained no extra points, so a MR was sent out and the DWP stuck with their decision, so she went through the appeal process, she had her tribunal this year June 12th and won, she was given enhanced on both sides and her money is to be back dated to 19th July last year. Four weeks on from the tribunal and she still hadn’t heard a thing, until a letter came through from the independent assessment services(ATOS) saying that the DWP had asked them to look into her case and gather information about her health and that she might have to go for another assessment. So she phoned the DWP to ask them what was going on as she had just won her tribunal, they stated that she had made a phone call in April before the tribunal to report a change in circumstances. She had actually called them to let them know that her oxygen tanks had arrived, at the assessment and the change of circumstances form last year she made the DWP aware that her oxygen levels were becoming low and she was going to need oxygen but that had not been sorted out at that point. also that she was now having to use a NIV to help expel the build up of co2 as her lungs are so badly damaged that they are unable to perform this action without that aid. Being a co2 retainer causes confusion as she is not getting enough oxygen to her brain and the build up of co2 is dangerous, all of this was explained and backed up with her doctors letter. The DWP are now using this phone call in April as a means to not payout her entitlement, she gets easily confused and the phone call in April was not about a change in circumstances but to let them know about the extra aid(oxygen tanks). The whole point of the tribunal was about her change in circumstances and entitlement to higher rates, now the DWP are trying to make her go through the whole process again because of 1 phone call, no form was filled out again or signed or anything. I feel so sad for her and others that are being treated so despicably for being ill or having a disability, is it not bad enough to suffer with inflictions let alone having to fight for she is entitled to in the first place. Having to deal with ill health then the minefield that is the DWP on top of everything is utterly shameful of the government to treat people this way especially since she has worked all her life until falling ill. I'm sorry for rambling but do not know where to turn to get her the help to make sure she gets what she is owed. If anyone can give advice I appreciate any help or time given I really do.

Alice_Holt

I'd suggest she contacts her local advice agency / CAB for help.
I would have suggested she copies the decision notice and contacts the DWP again, but if she gets easily confused she may want help to do this.
It would seem a total waste of time and effort for her to have a reassessment, so soon after a tribunal decision.
What does the decision notice say about her length of award?


If a reassessment still goes ahead, she will need to attend. She should take a copy of the decision notice with her.

Please impress on her that she needs to be very careful when speaking with the DWP.
If she retains Enhanced rate for both components, please dissuade her from alerting the DWP to a worsening change of circumstance in the future.

solarsystem1

Hi Alice Holt,
Thank you for responding to my post, and taking the time to read it I really appreciate it. Yes I am going to contact different agencies next week to see what help I can get her. Yes myself and my partner have said to her that maybe it's best to get someone to speak on her behalf as her confusion create big issues. Hopefully I can get someone who knows how to handle such situations.

teabag29

Contact Fightback4Justice on Facebook, they are brilliant and 95% success rate. They are law advocates and give free advice and do appeals, MRs etc. They will help you get it sorted and probably make a complaint to ICE too

Alice_Holt

teabag29 wrote: »

Contact Fightback4Justice on Facebook, they are brilliant and 95% success rate. They are law advocates and give free advice and do appeals, MRs etc. They will help you get it sorted and probably make a complaint to ICE too

According to this page there is a monthly charge:
https://www.fightback4justice.co.uk/choose-a-package/

I note that the VIP level 2 service at £12pm includes a form review service, but there is no mention of the charge for appeals.

Did you note that the OP's mother has just won her appeal.

The help she needs concerns communication with the DWP, and getting through to a sensible person within the DWP who can hopefully make the sensible decision that a new assessment so soon after a tribunal decision would be a waste of everybody's time.

w06

It does seem to just be an unfortunate juxtaposition of circumstances with the inadvertently notified change of circumstances triggering a review just as the appeal happened.

Hopefully speaking to DWP with resolve it, if not push for a paper review

solarsystem1

Thanks guys for giving me some more input and info. I agree its just about trying to get someone to understand the situation, the whole point of the tribunal was to prove her health had got worse and in essence changed her entitlement to pip. The problem was this phonecall even though they were aware of everything anyway, its just my mother-in-law did not use the correct terminology, cause of her cognitive impairment, lack of oxygen to the brain it causes confusion. I would have thought be it pip that they understand the whole nature of the benefit is that they are dealing with people who are, mentally Ill, disabled or worse still have limited life left. So for some people form filling and telephone calls are difficult to some. I understand this had triggered a review but its triggered a review for exactly the same illness they were already aware of.

pmlindyloo

Can you confirm whether your MIL is currently receiving the new rate of enhanced PIP for daily living and mobility and she has received her backdated pay?

Plus, you need to ask if the DWP are appealing the tribunal decision.

solarsystem1

No she isn't receiving the new rate, she hasn't received her back pay, and it has gone past 28 days to contest it.

pmlindyloo

solarsystem1 wrote: »

No she isn't receiving the new rate, she hasn't received her back pay, and it has gone past 28 days to contest it.

The 28 days is not a fixed time as they can be given an extension.

Worth telephoning them and asking if they are appealing and why they haven't actioned the Tribunal Decision.

Has your MIL got an appointee? If not then she will need to be with you when you make the phone call to answer security questions - name, DOB, NI number etc

I have never heard of their refusing to action the Tribunal decision unless they have appealed.

It could be that they are just slow putting the new rate into action - ditto with the back pay. Did you speak to them?

The reassessment is a bit of a 'red herring' to be honest. They can reassess at any time. Stupid so close to the tribunal decision.

Let us know how you get on.

solarsystem1

pmlindyloo, thank you so much for your advice I do appreciate it. I didn't realise that an exstenion could be granted. She is in touch with equal lives but is having to wait to get help. I am going to contact welfare rights. We live over 40 miles away so we are unable to phone on her behalf. I know its utterly unbelievable they want her to go for reassessment, just nealy 5 weeks after the tribunal.