PIP mobility component "due to overwhelming psychological distress"

calcotti

DWP guidance states that DM cannot revise FtT decison on grounds of error of law 
See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843708/adma4.pdf
"What decisions can be superseded on the grounds of error of law
A4243  Some decisions of a DM can be superseded when the decision was wrong in law. The decision can be superseded either on an application or on the DM’s own initiative. These are any decision
1.  on a claim for a relevant benefit 
2.  under relevant acts 
3.  as in 1. or 2. which has been revised
Note: A decision of the FtT or UT cannot be superseded by the DM on these grounds."

However it also says
"A4241  Changes to legislation can constitute a relevant change of circumstances....
A4255  An FtT’s or UT's decision can be superseded where
1.  the decision arose from ignorance of or mistake as to some material fact or
2.  it was made after the appeal was stayed or
3.  there has been a relevant change of circumstances or
4.  medical evidence has been received from an approved HCP or HP (or other person approved by the Secretary of State)."

I think in this case it is a change in legislation so DM can supersede because there has been a change in law which is a relevant circumstance.

gabrov

Thank you calcotti for this information much appreciated.

Alice_Holt

Like the others on here, I think the DWP person you spoke to is incorrect.
So, what to do to get the DWP to reconsider -
Getting your MP involved is very worthwhile, but I also suggest:
a) Send an Mandatory Decision Request to the PIP department:
https://www.gov.uk/mandatory-reconsideration
Quote the DWP guidance calcotti has supplied, and say you are appealing against the decision not to reconsider the PIP claim in light of the changes in the relevant laws. 
I'm not absolutely sure if this is an appealable decision, but start with the supposition that it is.  Copy to your MP, and make it clear on the form that your MP is involved.

b) Make a complaint:
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure
Again copy in your MP, and make it clear on the letter that your MP is involved. This should cover the situation if the MR is refused. 
Copy the responses to your MP.

The aim is to get the matter to a DWP employee who has more knowledge / discretion than the individual you spoke to, and get confirmation that the case will be reviewed.