PIP changes of circumstance advice please

WoodyMax

CoasterToaster it may be worth thinking about an Appeal because if you won it, you would be entitled to quite a bit of back money going back to your original claim. (There are other's much more knowledgeable on this site than me who can confirm that).

It sounds to me like the DWP are steering people ringing up about the letter, re the change in the law, to going down 'change of circumstances' route' which means a brand new claim and no back money repaid.

Just a thought.

coastertoaster

Woodymax that's what I am thinking now but surely because they are sending a change of circumstances form then I have got to proceed with that now? Any back payments obviously would be nice but it is not about the money, it's about getting what what my daughter needs.

calcotti

You can do both.
The change of circumstances will affect the award going forward (for better or worse).
An appeal could change the earlier decision and result in an arrears payment from the date of the previous decision up to the date of the change of circumstance.

coastertoaster

calcotti wrote: »

You can do both.
The change of circumstances will affect the award going forward (for better or worse).
An appeal could change the earlier decision and result in an arrears payment from the date of the previous decision up to the date of the change of circumstance.

Thanks for this information, when the paperwork comes I might give them a ring and clarify it all again as the person on the phone what I couldn't appeal the decision which I felt was strange as I will say again they revised the claim due to the change in the law regarding the mobility aspect. I disagree with the points that they have awarded my daughter.

In a nutshell back in 2016 for the mobility element of PIP psychological disability was not taken into consideration, then it changed and it now taken in as a factor hence where thousands of assessments were looked at, one being my daughter's. Yes I totally understand the PIP assessment has to be taken as a separate case to get work capabilty assessment, but a major factor to why the decision was awarded that she does not have to seek work was that she is unable to leave the house without a member if the family. This was the case back in 2016 and obviously is the case still now. The medical people involved with her gave supporting documents to support this for her work capability assessment only at the end of August.

Have to say the information I was given regarding over that was mixed on the phone, depending who I spoke to. In defense my daughter is just one of thousands but any slight change in her routine for assessments etc just causes so much distress I have to try and do everything under the radar for her so to speak.

Alice_Holt

coastertoaster wrote: »

Thanks for this information, when the paperwork comes I might give them a ring and clarify it all again as the person on the phone what I couldn't appeal the decision which I felt was strange as I will say again they revised the claim due to the change in the law regarding the mobility aspect. I disagree with the points that they have awarded my daughter.
....
Have to say the information I was given regarding over that was mixed on the phone, depending who I spoke to....

I strongly advise that you and your daughter get some help with this from an local advice agency / CAB, since:
a) the situation has become very confused;
b) both the MR and change of circumstances forms benefit from completion by someone who is familiar with PIP;
c) the conflicting info from the DWP may have confused you; and
d) I think completing both the MR and change of circumstances forms may cause even further complications.

My suggestion (and I would be interested to see what other forumites think) would be:
1) If you are sure that more PIP points should have been awarded, and this would have increased the award (and the decision is appealable) then MR / appeal is the route to go. As calcotti explained, an increased award would be backdated to the initial decision date.
2) Ring the DWP (with help) explain the confusion and try to get the change of circumstances (C of C) process cancelled. Write a very clear letter (keep a copy) confirming this, and citing the incorrect advice given to you about your appeal rights.
3) In addition to this call / letter raise a complaint about the DWP advice. Reinforce that you wish to appeal, and do not want to proceed with the C of C forms because your daughter has only just been given a decision.
4) In the MR also state that you will not be completing the C of C forms. In all communication be very clear with the DWP that you want to appeal the decision and the C of C form is not appropriate.

Please get help with this (and take advice) as you aren't an expert on PIP etc; you don't want to cause the same confusion at the DWP as the confusion initially caused on this thread.

The reason for suggesting this is that doing both MR and C of C, on reflection, could cause 2 opposing processes / decisions at the DWP to further complicate matters, and may prove difficult to unpick if those decisions went against your daughter. I would be interested to see what others think.

NeilCr

Alice

I agree with you about doing one or the other - but not both. The scope for mix up is huge and there could be a bad outcome.

I was edging towards the change in circumstances as I thought it might be quicker than the MR/tribunal route - especially if the MR is refused (which on percentages it likely will be). There may be a case for "resurrecting" the change in circumstances if the MR fails?

Certainly with you on going to CAB. And sorting out a complaint for sure about the incorrect advice. That's terrible

calcotti

I agree that running both MR and C of C is confusing (for all parties) but an appeal for a closed period is not uncommon - more common as waiting times for tribunals get longer too.

There are a number of risks and how to play it depends on level of confidence in likely outcomes - and I'm never confident because the outcomes are so often not logical.

1) OP may not be able to get DWP to cancel the C of C anyway and then if they don't return the paperwork the award will be stopped.

2) if OP does only the C of C they lose the opportunity for getting arrears payment back to the original decision

On balance if OP can get the C of C withdrawn and focus on changing the original decision that's what I would suggest. If they are unsuccessful but circumstances are unchanged it is probable (in a logical world) that a C of C will not result in a change anyway.

Only OP can assess the impact different outcomes have on the family finances and more importantly on the wellbeing of DD. A tribunal is probably more demanding to prepare (and of course has a very long waiting time) but I think in many cases a tribunal hearing is actually less stressful than a face to face assessment.

coastertoaster

Update for all you kind people. I phoned the DWP again and stressed that I wanted a mandatory reconsideration as I felt that I had been given wrong information when I had originally phoned. I pointed out that the letter I had received clearly said I could ask for this and the person I had spoken to had said I couldn't. The person I had spoken to this time agreed. I said that I didn't wish therefore to do a change of circumstance. I pointed out that maybe they needed to ensure that they have the right advice when people phone up, as I had seeked advice. At this point she said she would pass me onto a manager.

When speaking to a manager he said that I could ask for a decision maker to relook at the review but because it was due to the changes of the mobility aspect (My daughter's points had increased but sufficiently to justify an award) but because it had already increased the likelihood of it changing was slim. If I wanted a change of circumstance would be the route open to me.

He then spoke about which alarmed me I have to say, and I think other people may be interested to hear they have very rigid parameters, and though the many organisations associated with ASD seem to think the changes will benefit sufferers he clearly told me the new guidelines do not cover claimants with ASD in relation to the new mobility changes.

I therefore after thinking about my daughter's well being and the fact the new award will stand for 3 years requested that I don't want to do a change of circumstance as I was given his information wrongly. He said I could do this. This was because the face to face assessment she had to go through for her work capability caused her so much distress I don't want to put her through another one if I can help it.

My daughter's health and well being comes first at all times and I just can't do this again at that moment.

poppy12345

coastertoaster wrote: »

He then spoke about which alarmed me I have to say, and I think other people may be interested to hear they have very rigid parameters, and though the many organisations associated with ASD seem to think the changes will benefit sufferers he clearly told me the new guidelines do not cover claimants with ASD in relation to the new mobility changes.

This is completely incorrect! PIP isn't about a diagnosis, it's about how your conditions affect your ability to carry out daily activities against the descriptors.


You say your daughter cannot go anywhere alone, if she needs assistance from another person to be able to go out then she should qualify for 12 points in following and planning a journey.



My daughter also cannot go anywhere alone, has ASD, Learning disability and social anxiety disorder and scored 12 points in the following and planning a journey.


As you've already reported a change of circumstances then you need make sure that her current claim won't be affected, if you don't return the form.

coastertoaster

Poppy 12345 my daughter I feel could be your daughter, and 100% agree with everything you say.

Leaving the house to even go to the Drs is a nightmare. I need to have a few months of calm in the sense that you know ( if we get it ��) then I shall pursue it again.

The manager assured me it would stay as it is till 2021