PIP Review

calcotti

bspm1 wrote: »

Update....

After calling the DWP again and FINALLY speaking to someone who actually knew what they were doing here is an important piece of information.

If you were awarded PIP or your award was increased at appeal then you will not be getting a reassessment form sent out to you, you actually have to make a new claim for PIP as once a court has imposed a date of when PIP should be paid to they will not review your case.

That makes no sense at all - the review process should be same regardless of whether the award in payment was set by the DWP or a tribunal. If what you have been told is correct the DWP once again seem to be making up procedure as they go along.

bspm1

calcotti wrote: »

That makes no sense at all - the review process should be same regardless of whether the award in payment was set by the DWP or a tribunal. If what you have been told is correct the DWP once again seem to be making up procedure as they go along.

I totally agree!!

It comes across to me that if you have accepted the award given to you by the DWP after your assessment and have not asked for a MR or gone to appeal then you will be contacted 6 months before your award end date to reassess, but, IF you have dared to question their decision and have taken the only path available to you. i.e appeal then they are punishing you by asking you to reapply for a new PIP claim and only giving you 14 weeks to do it.

bspm1

I am sorry yet ANOTHER update!!!!!!

After thinking to myself for sometime about there appearing to be one rule for one and another rule for another, and, after calcottis post I decided to call up again, thankfully they are not taking too long to answer today!

Anyway, this time I spoke to Ben t ask him the question about renewal versus reviews, no idea which is which and his first question to me, after clearing security of course was, wait for this, you could not make it up...

Ben.....I can see on your notes that you have, today, made an application for PIP, why have you done that when you are already in receipt of PIP?

Me......( I did not shout or swear even though I wanted to) I said, well Ben I have been told today by Sharon, Sharon who I thought was extremely helpful (silly me) that I could not have a review form and that I had to make a new application for PIP, which I did.

Ben....No you were given wrong information (never i thought) when you called on Monday and spoke to Gemma, a case manager who said no review date had been set on your case and she would send out review forms for me to fill in and these are on the way to you, you just have to fill them in and send them back, Gemma has asked for the forms to be sent to her to work your case.

Me... Forgive me Ben if I do not believe that because I could give you a long list of names of Case workers I have spoken to, not only this week but also in April, who ALL told me different things so I will wait for the review form, when should it arrive and what is the number of the form please as apparently I am having a new PIP application form sent too.

Ben....The form is 1043/AR1 was system issued on Monday and will be with you, at the latest on Tuesday as it was sent out second class.

Me....So Ben, am I right in thinking that if i do not fill in the new application form for PIP that I was told I had to claim today it will just drop off the system.

Ben....Yes that is correct and I am sorry you have been given wrong information.

Wrong information?!?!?! From
Jane 25.4.19
Phyl 22.7.19
Sharon 25.7.19
Nicole 25.7.19
Rebecca 25.7.19
Hope I do not have to add Ben on this list when I complain, also hope Gemma is good to her word and everything will be sorted, but it does not give you a lot of confidence does it.

calcotti

It really is hopeless isn’t it. I really hope you get the review form.

WhenIam64

That makes no sense at all - the review process should be same regardless of whether the award in payment was set by the DWP or a tribunal. If what you have been told is correct the DWP once again seem to be making up procedure as they go along.

It may not [appear to] be logical, or [appear to be] administratively sensible but it makes sense legally.

Might be one to take up with a legal charity such as Advocate (https://weareadvocate.org.uk/).

calcotti

WhenIam64 wrote: »

.... it makes sense legally.

Could you explain your thinking for that statement. To me it makes no sense legally, regardless of whether a benefit claim decision is made by the DWP or the tribunal the legal basis for the entitlement is the same so I would expect future processes related to that benefit to be the same.

WhenIam64

See 04300 #1

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794831/dmgch04.pdf

The Tribunal has given a specific instruction with a finite end. It can be challenged to a higher court/tribunal but if it doesn't it will come to a natural end as it has here.

So at the end of the decision, does the DWP revert to its original decision or keep with the court one. If it does the former as they had a reasonable belief they were correct, then it will be challenged. If they do the latter, then they would be open to challenge that they did not investigate properly. See 43002.

A court judgement is based on the facts of the matter at the time and cannot bind another court (on the same/higher level). It can be persuasive. So it makes perfect (legal) sense to revisit the issue when the last assessment terminates.

bspm1

WhenIam64 wrote: »

See 04300 #1

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794831/dmgch04.pdf

The Tribunal has given a specific instruction with a finite end. It can be challenged to a higher court/tribunal but if it doesn't it will come to a natural end as it has here.

So at the end of the decision, does the DWP revert to its original decision or keep with the court one. If it does the former as they had a reasonable belief they were correct, then it will be challenged. If they do the latter, then they would be open to challenge that they did not investigate properly. See 43002.

A court judgement is based on the facts of the matter at the time and cannot bind another court (on the same/higher level). It can be persuasive. So it makes perfect (legal) sense to revisit the issue when the last assessment terminates.

I was not going to do anything DWP related today but this is confusing me.

I was awarded Standard mobility and Enhanced care, by the DWP after a face to face assessment, this award was up until the 9th November 2019.

I appealed this decision and at appeal, which i did not attend, was granted Enhanced Mobility, an increase from standard, care remained the same, enhanced, this award was due to run out the same date as the DWP date, 9th November 2019.

I expected to have a review, reassessment, face to face, why shouldn't I? My gripe has always been the difference in the time permitted to carry our a new assessment.

Anyway, enough DWP, it is sorted for the moment.

calcotti

WhenIam64 wrote: »

See 04300 #1

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794831/dmgch04.pdf

The Tribunal has given a specific instruction with a finite end. It can be challenged to a higher court/tribunal but if it doesn't it will come to a natural end as it has here.

So at the end of the decision, does the DWP revert to its original decision or keep with the court one. If it does the former as they had a reasonable belief they were correct, then it will be challenged. If they do the latter, then they would be open to challenge that they did not investigate properly. See 43002.

A court judgement is based on the facts of the matter at the time and cannot bind another court (on the same/higher level). It can be persuasive. So it makes perfect (legal) sense to revisit the issue when the last assessment terminates.

I'm not following your argument. Any PIP determination/assessment is based on the facts at the date of the assessment. Even though a tribunal takes place later it's role is still to make a determination of the entitlement at the date of the original decision (not the date of the tribunal hearing) and tribunals invariably check with claimants whether there have been changes since the original assessment and, if there have been, instruct the claimant to think back to the original assessment date. All PIP awards have an end date. So I still don't understand why you think a review need not take place if the end date was set by a tribunal, and the award simply allowed to end, whereas if the end date was set by the DWP a review would take place.

bspm1

REVIEW form arrived, thankfully I do not have to do a new application for PIP as informed by the very helpful? Officer on Thursday.