PIP mobility component "due to overwhelming psychological distress"

gabrov

Does anyone have experience with loosing this component of benefit and never had it reinstated, please?
My wife used to get the DLA mobility component, however, she  lost it when transfering to PIP in 2017, because it was deemed then that psychological distress does not apply for this part of the benefit.

You may be aware the law has since changed as it was found discriminatory. I phone DWP on  numerous occasions over past few years and they kept telling me all claims are being reviewed and my wife will get back paid if she fulfills the criteria. I was worried we would slip through the net somehow and kept asking if there's anything we can do to speed up the process/provide documents. Because our claim went to the tribunal I distinctly remember the judge in the courtroom saying that my wife can't get this benefit as the law had changed and cannot be awarded any more for psychological distress. I was told every time there's nothing that needs to be done.

However, no money, no letters no nothing to this day. Yesterday my wife phone again as our heating oil ran out and we were wondering if we might get the money anytime soon. The advisor from the DWP phoned back and said that our case will never get looked at because the decision was made by the tribunal court and that the DWP can't reverse this decision even though at the time it was unlawful. 

It really came as a bomb shell as we were relying on this money to come in but now I don't know where to turn or what the law is just confusion. Has anyone been in the same situation/knows the law regarding this?
Thanks
Gaber Gabrov  

cantcope

You'd have to reapply with a change of circumstances (if there have been any) however this still wont guarantee your wife would get it. PIP is a different benefit to DLA.
You can't ever rely on a benefit you dont yet receive nor have been told you will get. DWP saying you'll get it IF she meets the criteria doesn't automatically mean she does in their eyes.

pmlindyloo

gabrov said:

Does anyone have experience with loosing this component of benefit and never had it reinstated, please?
My wife used to get the DLA mobility component, however, she  lost it when transfering to PIP in 2017, because it was deemed then that psychological distress does not apply for this part of the benefit.

You may be aware the law has since changed as it was found discriminatory. I phone DWP on  numerous occasions over past few years and they kept telling me all claims are being reviewed and my wife will get back paid if she fulfills the criteria. I was worried we would slip through the net somehow and kept asking if there's anything we can do to speed up the process/provide documents. Because our claim went to the tribunal I distinctly remember the judge in the courtroom saying that my wife can't get this benefit as the law had changed and cannot be awarded any more for psychological distress. I was told every time there's nothing that needs to be done.

However, no money, no letters no nothing to this day. Yesterday my wife phone again as our heating oil ran out and we were wondering if we might get the money anytime soon. The advisor from the DWP phoned back and said that our case will never get looked at because the decision was made by the tribunal court and that the DWP can't reverse this decision even though at the time it was unlawful. 

It really came as a bomb shell as we were relying on this money to come in but now I don't know where to turn or what the law is just confusion. Has anyone been in the same situation/knows the law regarding this?
Thanks
Gaber Gabrov  

I disagree with the previous response.
This is about the change in law about the criteria for the mobility part of PIP which came into force in Jan 2018.
The DWP should be looking at all claimants who were affected by this and reviewing their cases.
From what you have said your wife's case should be looked at.
The problem you have encountered is the part in bold.
I am wondering if it is worth telephoning again and getting a different advisor.
I have looked for information about changing a tribunal decision in these circumstances and can find nothing helpful, sorry.
So, what to do now.
First, telephone again and ask to be put through to a manager regarding 'not being able to change the tribunal decision'. Ask them what legislation prevents this (have paper and pen ready for the reply)
If they do not budge and still maintain that your wife's case will not be looked at then you are going to need specialist advice.
You could try your local Citizens Advice.  They may have a benefits specialist who can support you or, at the very least, they should signpost you to someone who can help.
If all else fails, then contact your local MP.
It seems very strange that your wife may now be eligible for the mobility component because of the change in legislation but the DWP cannot move forward because that decision was made by a tribunal.
Do let us know the outcome and good luck.

theducky

The threshold and evidence needed to be awarded for this due to OPS is high and You would need to prove that it is more than anxiety. 

poppy12345

theducky said:

The threshold and evidence needed to be awarded for this due to OPS is high and You would need to prove that it is more than anxiety. 

Have you not read what what was written? The OP has already stated that the Tribunal panel had said she already qualified but because of the rules at the time, she couldn't be awarded it.

Callum

They are presently reviewing cases where this judgement affects the case and people are having awards reinstated. I’d contact them to enquire of how this would affect your claim. 

https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

[Deleted User]

@Callum did you not bother to read the thread? 

Callum

_shel said:

@Callum did you not bother to read the thread? 

Yes. And I know the DWP do not always provide accurate information at point of contact. I also know the decision can be superseded by a decision maker. 

Tribunal decisions

If the decision was made by a tribunal, a decision maker can change it by supersession if the tribunal didn't know or made a mistake about a material fact. A material fact is a fact that will directly affect the decision on your claim.

A tribunal decision can also be changed if it is now wrong because of a Court of Upper Tribunal decision in another case.

If the decision is changed by supersession, the extra money you're owed will be paid from the date the change is made.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/changing-a-dwp-benefit-decision-after-you-ve-appealed/

gabrov

Thank you all for your replies. The problem with phoning again is that my wife now can't deal with the stress any more and me being foreign I get pretty much nowhere with them as they fob me off and i can't challenge them but thank you I think this is sensible adivce to ask what the actual law is. We have contacted our local MP who asked for permission to access the files on our behalf which hopefully will make a difference.

One thing I'm still confused with the letter that they mention in the link posted above: "Once we have looked at your claim again we will write to you to let you know the outcome. Because of the large number of cases that DWP will need to review, it may take some time for you to get this letter."

Does this mean everyone gets this letter? Has anyone seen this letter? We haven't and everytime I phone the DWP seems to be saying about this letter and that everyone will be told if their case was looked at again or not. Just sods law, my wifes PIP have now come up for a review which is just going to add more stress.

poppy12345

gabrov said:

Does this mean everyone gets this letter? Has anyone seen this letter? We haven't and everytime I phone the DWP seems to be saying about this letter and that everyone will be told if their case was looked at again or not. Just sods law, my wifes PIP have now come up for a review which is just going to add more stress.

Only those that had a decision on or after 28th November 2016. Yes, i've seen one because they looked at my award again. Following and planning a journey doesn't apply to me. The letter stated "we have looked at your claim again etc etc"

pmlindyloo

Callum said:

_shel said:

@Callum did you not bother to read the thread? 

Yes. And I know the DWP do not always provide accurate information at point of contact. I also know the decision can be superseded by a decision maker. 

Tribunal decisions

If the decision was made by a tribunal, a decision maker can change it by supersession if the tribunal didn't know or made a mistake about a material fact. A material fact is a fact that will directly affect the decision on your claim.

A tribunal decision can also be changed if it is now wrong because of a Court of Upper Tribunal decision in another case.

If the decision is changed by supersession, the extra money you're owed will be paid from the date the change is made.

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/changing-a-dwp-benefit-decision-after-you-ve-appealed/

Well done finding this. 
I suspect that the OP's wife's case will eventually be looked at because, as you say, someone at the DWP has 'got it wrong'.
The OP now has got his MP involved so hopefully everything will be resolved.