PIP changes of circumstance advice please

coastertoaster

My DD was on DLA and then she was assessed back in 2016 for PIP and she was awarded the standard for living but did not get mobility. Due to the changes I received a letter the other day to say that it was staying as it was as she due to the new guidelines she only got 4 points for mobility. This was because of the decision back in 2016 and the assessment.
Fast forward to now and her condition has deteriorated and she is now been formally diagnosed as being on the autistic spectrum and a month ago been assessed as falling into the category as not having to seek employment or go to work related activities as one of the main areas of her condition is that of social interaction and in regards to mobility now, she can not in a nutshell leave the house without an adult ( a family member)

I phoned the DWP today as the letter clearly states that if you do not agree with the decision you need to phone, which I did this morning. The gentleman on the phone said I could not appeal to the decision but if I was saying a change in the condition then I could 're apply. I said that there had been a change. Basically she does not leave the house on her own and has to be accompanied at all times. This actually was the case back in 2016 but 'mental factors' were not taken into consideration. I remember appealing back then as with DLA she got low mobility.

The letter received said that award was up until 2021 but now I have a month to complete the paperwork and go through the process again as I am appointee.
She has only just got over the 'trauma' of the work related assessment. Surely the departments can talk to each other?

When the lady on the phone said have you got any medical evidence I said you can contact the the doctor. Was I correct in saying this?

I am just concerned and worried now that my daughter is going to be in a meltdown again unnecessarily.

Any advice please and where I can go when filling in the forms again as if you can imagine it has been somewhat of a traumatic few months for my daughter as though a lot of it goes over her head, just getting to have to take her to a meeting out of her routine makes her so distressed.

Thanks everyone.

calcotti

The criteria used for ESA and PIP are different and it is quite possible to qualify for one and not the other. You now need to complete the paperwork and return it to DWP. You should send copies of any medical evidence. Do not expect the DWP/assessor to contact the GP.

Guidance on completing the form here https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/. You need to explain the impact of health conditions on the specific activities the PIP assessment looks at. The additional information section is a good place to provide a general description.

See also https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/your-supporting-evidence/

If you need more time you can ring and they will usually give you a couple of extra weeks. Get help from Citizens Advice or other advice agency if you have access to one.

Unfortunately a face to face assessment may well be required.

Now the process has started you need to complete it otherwise the DWP are likely to stop the PIP claim.

NeilCr

This is worth a read

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/changes-that-affect-pip. Is this what you have just done?

I must admit I am slightly confused by your timeline. You are saying that she was assessed in 2016. What was it that triggered the letter you have just received some two years later?

Apart from that, as usual, calcotti talks sense and the links are good. As said ESA and PIP are different benefits. And do seek help and advice

coastertoaster

The letter I received was because of the new guidelines due to the DWP having to look at cases dating for November 2016 as they now have to look at the cases regarding mobility as before it did not take into co wider psychological affects on people's mobility. My DD obviously came under this, hence the letter was due to to this.
Because the letter said I could appeal the decision I phoned as due to the fact my daughter does not leave the house to make any journeys on her on and is unable to plan any journeys I felt their decision was unfair and and the right one. The new 'law' or what ever you wish to call it now states that when assessing the mobility side of PIP the claimant who is like my daughter has to be considered as fairly as those whose mobility is affected due to physical disabilities.

In regards to the GP not being contacted, I shall do you think am best getting verification or supporting letters from them as they were contested for the universal credit / work capabilty?

Thanks for the links. I shall use these.

NeilCr

Ah. Got it now. Thanks

If the letter says you can appeal then you should be able to. Did the DWP guy say why you couldn't appeal? Could be worth a trip to CAB with the paperwork to have a look and get their opinion on the best way to proceed. Might be better than "starting again". - but, again as calcotti says, keep your eye on the timescale with the new form.

Certainly any supporting medical evidence is good.

Hope it works out for you.

calcotti

Sorry, I misunderstood exactly what was happening when I posted earlier. I thought that you had informed the DWP of a change of circumstances and had now been sent forms to fill. As I now understand it you didn't start this but have had a letter from DWP saying that, following the legal decision, DWP have reviewed the award and decided not to change it.

In that case you should be able to request a Mandatory Reconsideration of the decision https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/. Does the letter you have received say you can do this. You need to do it within 30 days of the date on the decision. Send the DWP any letters you can but I would also provide an explanation of how your daughter is affected in respect of the mobility descriptors (refer to the references in my earlier post). Do not say anything about the Daily Living descriptors as they are not part of what this specific decision looks at.

The change in the law relates to the way overwhelming psychological distress is considered in relation to the mobility activities https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

There is a useful explanation here http://www.cpag.org.uk/content/pip-and-psychological-distress

For this purpose you need to focus on how the ability to get around is affected by psychological distress, give examples if you can.

Remember this is about reviewing the condition at the time the previous decision was made. If there has been a general deterioration that is a change of circumstances which if reported would start a complete review of the whole award.

NeilCr

calcotti wrote: »

Sorry, I misunderstood exactly what was happening when I posted earlier. I thought that you had informed the DWP of a change of circumstances and had now been sent forms to fill. As I now understand it you didn't start this but have had a letter from DWP saying that, following the legal decision, DWP have reviewed the award and decided not to change it.

In that case you should be able to request a Mandatory Reconsideration of the decision https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/. Does the letter you have received say you can do this. You need to do it within 30 days of the date on the decision. Send the DWP any letters you can but I would also provide an explanation of how your daughter is affected in respect of the mobility descriptors (refer to the references in my earlier post). Do not say anything about the Daily Living descriptors as they are not part of what this specific decision looks at.

The change in the law relates to the way overwhelming psychological distress is considered in relation to the mobility activities https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

There is a useful explanation here http://www.cpag.org.uk/content/pip-and-psychological-distress

For this purpose you need to focus on how the ability to get around is affected by psychological distress, give examples if you can.

Remember this is about reviewing the condition at the time the previous decision was made. If there has been a general deterioration that is a change of circumstances which if reported would start a complete review of the whole award.

Yes.

I am not sure whether it is best to go down the MR/appeal route (be interesting to hear if the OP was told why they couldn't appeal) or to start again. As you say this is based on the 2016 award and, while the OP says the condition was there at the time, there has been deterioration (and a diagnosis since then)

It's why I was suggesting that OP goes to CAB to discuss. This could well be one of those cases where a face to face chat would be a great help on the way forward.

poppy12345

calcotti wrote: »

Sorry, I misunderstood exactly what was happening when I posted earlier. I thought that you had informed the DWP of a change of circumstances and had now been sent forms to fill. As I now understand it you didn't start this but have had a letter from DWP saying that, following the legal decision, DWP have reviewed the award and decided not to change it.

The OP did report a change of circumstances after being told the decision on the original claim couldn't be appealed.



As a change of circumstances has now been reported those forms will need to be filled and returned.

NeilCr

poppy12345 wrote: »

The OP did report a change of circumstances after being told the decision on the original claim couldn't be appealed.



As a change of circumstances has now been reported those forms will need to be filled and returned.

I get that.

But, as you say, that OP did that after being informed they could not appeal the decision which, on the face of it, doesn't sound right. I must admit I am inclined to go with change of circumstances anyway (but see my comments on visiting CAB) - though OP may not have reported a change if they were told they could appeal so (if they can appeal) it may be possible to change what is happening.

It wouldn't be the first time DWP have given wrong information - if they have. The reason for saying OP couldn't appeal would help.

I am assuming by appeal we are talking about Mandatory Reconsideration!

calcotti

Obviously I've got completely confused about exactly what the OP's situation is!!

Hopefully, between us, we've given him enough information to work with.

coastertoaster

Thanks for all the advice. I did ring to appeal. Was told I couldn't, which to be honest I do think was misinformation as the letter did say I could. Therefore the only option left open to me was to as the person said report a change of circumstance.

I have also contacted the agencies who are involved with her now who weren't back in 2016 and they will provide me with supporting documents. I will also go to the Citizens advice as like your posts say I could have been given wrong information