Leap Review

ggtazzy

Just a quick question to experts on here does anyone know what is the latest happenings on the leap review being carried out by DWP relating to mobility planning and following a journey and psychological distress  I wrote to them last year about my partner because I always believed she was entitled and she kept getting only 4 points for planning and following a journey they wrote back saying they had reviewed her claim under the leap review and no surprise she is not entitled but I am hearing that letter they sent out saying that  is bogus but they will not admit that yet I stupidly I did not challenge the letter at the time my partner has since been awarded enhanced mobility after her last review so i am sure she has always been entitled what can I do a year later now after binning the letter.

poppy12345

I'm unsure why you would think the latter was "bogus." They've been looking at claims for the following and planning a journey changes for quite sometime because i had a letter well over a year ago saying i wasn't entitled. (which i knew anyway) The maximum amount of time you have to request the MR/Tribunal is 13 months so if it was longer than this that she received the letter then there's nothing more she can do.

ggtazzy

I can not remember where I read it poppy but I think I have read somewhere that the letter they had sent out was not correct something about the way it was worded the thing i was reading was about a guy who had challenged and had 12,000 pounds back dated because they sent him the letter also saying they had reviewed his case but they had lied and had not reviewed it at all.

ggtazzy

We have heard from a claimant who contacted the DWP to ask for his award to be reviewed under the LEAP process.

Andrew (not his real name) has a severe mental health condition and is always accompanied in public as he is a danger to himself and others.

At his most recent planned PIP review he was awarded the enhanced mobility component on these grounds, and his condition has not changed for many years.

In early 2020 Andrew wrote to the DWP asking them to carry out a LEAP review, because he considered that he should be eligible for a back-payment of PIP.

Several months later, the DWP finally replied stating a review had been carried out over a year ago and enclosing a letter they claimed had been sent to him at the time. The letter explained there had been no change in his award as a result of the review.

Andrew replied saying that he had never received the letter and asked the DWP to look at the decision again.

In January 2021 Andrew applied to a tribunal after two mandatory reconsideration requests were simply ignored by the DWP.

When the case was accepted by HMCTS the DWP initially argued that it was out of time.

Andrew responded that he had never received the original letter, so the clock did not start ticking until he received the much later response to his request.

Andrew also raised the issue of the tiny proportion of reviewed cases getting an award, suggesting that no reasonable person acting reasonably could have made so few awards.

Suddenly the DWP agreed to carry out a mandatory reconsideration, thus causing the appeal to be struck out.

Soon after, £12,000 in back payments of enhanced rate PIP mobility component were paid into Andrew’s account.

[Deleted User]

If you think it’s wrong, then do an MR? 

ggtazzy

going to contact dwp at 9 when they open see when they sent me that letter that i stupidly binned could kick myself see if i have time.

poppy12345

When they review you because of those changes no new assessment will take place. They look at all the information from when the original decision was made and once this is done they will make a decision from that. They will then write to you to tell you they'[ve looked at your award again etc etc.

poppy12345

MarkN88 said:

If you think it’s wrong, then do an MR? 

That won't be possible if the 13 months deadline has passed.

ggtazzy

Benefits and Work has been provided with a copy of a letter from the DWP in which a decision maker admits that a review of the claimants PIP award had not been carried out, even though he had received a letter stating that it had.

The claimant received a LEAP letter last year stating that their claim had been looked at again in line with the decisions in the MH and RJ cases and that they were not entitled to any payment of arrears.

The claimant challenged this arguing that they were covered by the MH decision.

The DWP decision maker responded in writing, saying that:

‘Your request for the decision not to be awarded the mobility component to be looked at again when considered in the light of RJ/MH will require a reconsideration which was not carried out for this aspect of your claim.’

The DWP eventually lapsed the appeal by making an award of £12,000 of backdated enhanced PIP mobility component payments.

As in other cases we have seen, this claimant was fortunate enough to have knowledgeable support with their claim. How many other claimants who are entitled to similar substantial sums are missing out because they do not have the same support to challenge false and misleading statements by the DWP?

poppy12345

There's a big difference between yourself and this person. Your partner received a decision letter (and you put it in the bin) but this person didn't receive any decision letter. You need to find out when the letter was sent and if it's within the 13 months then request the MR.

ggtazzy

thats just it poppy can not remember the letter saying anywhere you have the right to challenge this decision or even if it was a decision letter or just that standard leap review letter which some people received anyway have already contacted dwp who say they are going to send me a copy of the letter but i will write and ask for one anyway.