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Concerned about Sis's wanting enhanced mobility PIP

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  • born_again
    born_again Posts: 20,493 Forumite
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    edited 24 December 2022 at 1:43PM
     At a recent Tribunal. somebody was given an indefintie award.

    Do you have a source for that? The longest PIP award is 10 years, with a light touch review.
    https://forum.scope.org.uk/discussion/33845/indefinite-pip-awards

    Seems very much a play on words.


    Life in the slow lane
  • Muttleythefrog
    Muttleythefrog Posts: 20,427 Forumite
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    edited 24 December 2022 at 3:08PM
     At a recent Tribunal. somebody was given an indefintie award.

    Do you have a source for that? The longest PIP award is 10 years, with a light touch review.
    I suspect that's what they mean. However my understanding is that the PIP regulations don't include quantification on the matter and that the award lengths stand in DWP guidance. I think appeal in N Ireland case [2019] UKUT 30 (AAC) CPIP/1057/2018 (refer C29/21-22(PIP) for final tribunal decision) deals with the question of whether tribunals are constrained by that guidance and seem to conclude they are not and I think in that case ultimately they awarded indefinitely (finding a fixed term award inappropriate) as had been the case for DLA she previous got.

    But early in the day for me... I'd have to read with fresher eyes for clarity... struggling to read the Xmas cards I sent myself Rigsby style... lol
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  •  At a recent Tribunal. somebody was given an indefintie award.

    Do you have a source for that? The longest PIP award is 10 years, with a light touch review.
    I was present as an observer and heard the judge's decision.
     I will not be able to see the decision letter the claimant gets from DWP.
  • poppy12345
    poppy12345 Posts: 18,880 Forumite
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    Inappropriate to fix a term award from a Tribunal simply means 10 years for PIP.
  •  At a recent Tribunal. somebody was given an indefintie award.

    Do you have a source for that? The longest PIP award is 10 years, with a light touch review.
    I was present as an observer and heard the judge's decision.
     I will not be able to see the decision letter the claimant gets from DWP.
    I have what is called an ongoing award for my PIP. I can have a review at any time but chances are I won't before 10 years have been reached as they are aware my disability is going to at least stay the same and likely to get worse over time.

    I have gotten worse since my PIP was awarded, however after the fight I had initially to get DLA in the first place (before transferring to the equal amount for PIP with no problem) I am reluctant to contact them. I got enhanced mobility and standard daily living; nearly got enhanced for daily living and that was back when I worked.

    The big problem is you can have your award suspended (not sure if this is always the case) as they review and while they may just go 'this is correct no change', they may also decide you should get a lower award or revoke the award completely. In my opinion unless it is absolutely necessary to get it reviewed you should just leave it be.
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  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,333 Forumite
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    edited 3 January 2023 at 7:42PM

    The big problem is you can have your award suspended (not sure if this is always the case) as they review and while they may just go 'this is correct no change', they may also decide you should get a lower award or revoke the award completely. In my opinion unless it is absolutely necessary to get it reviewed you should just leave it be.
    They don't do anything to an award until they've made the decision.   The main problem is the decision is far too often not the correct one (and as you say, can be that there is no award), and then the person has to fight it whilst receiving lower or no money. 

    [People will often refer to that as 'suspended' because they anticipate getting the decision changed, which would then result in payment backdated to the decision date.]
  • kkkklinky
    kkkklinky Posts: 182 Forumite
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    Hi I'm the person that started this post ( I have changed account). Unfortunately my sister's PIP was refused when she was reassessed and she now gets no PIP at all. As I feared her obsession with getting full PIP, ending up costing her award. The constant exaggeration to get more points just became inconsistent and contradictory, to the point she lost it all. Thanks for all the helpful comments I received at the time. I just though I would update as someone had requested.
  • poppy12345
    poppy12345 Posts: 18,880 Forumite
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    kkkklinky said:
    Hi I'm the person that started this post ( I have changed account). Unfortunately my sister's PIP was refused when she was reassessed and she now gets no PIP at all. As I feared her obsession with getting full PIP, ending up costing her award. The constant exaggeration to get more points just became inconsistent and contradictory, to the point she lost it all. Thanks for all the helpful comments I received at the time. I just though I would update as someone had requested.

    THat's very unfortunate indeed. However, as was advised in the start of the thread (not getting at you here) reporting changes is always risky even if more points are possible. The most unfortunate part here is that it wouldn't have been possible for her to score enough points for Enhanced mobility.

    She can of course challenge the decision by requesting the MR.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,333 Forumite
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    kkkklinky said:
    Hi I'm the person that started this post ( I have changed account). Unfortunately my sister's PIP was refused when she was reassessed and she now gets no PIP at all. As I feared her obsession with getting full PIP, ending up costing her award. The constant exaggeration to get more points just became inconsistent and contradictory, to the point she lost it all. Thanks for all the helpful comments I received at the time. I just though I would update as someone had requested.
    She can of course challenge the decision by requesting the MR.
    She ought to at least challenge it to try and get her previous award. 

    Unfortunately if she has indeed exaggerated to try to get the enhanced rate then her credibility is thrown into question, very unhelpful to herself.

    I don't wish to speculate about your sister's condition but if this is at all related to it, and not simply her being stubborn, then maybe some sort of support to manage her benefits claims would be helpful.
  • Muttleythefrog
    Muttleythefrog Posts: 20,427 Forumite
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    edited 25 April 2023 at 8:48PM
    kkkklinky said:
    Hi I'm the person that started this post ( I have changed account). Unfortunately my sister's PIP was refused when she was reassessed and she now gets no PIP at all. As I feared her obsession with getting full PIP, ending up costing her award. The constant exaggeration to get more points just became inconsistent and contradictory, to the point she lost it all. Thanks for all the helpful comments I received at the time. I just though I would update as someone had requested.
    Damn..... I did fear this could happen especially given she was going to essentially be arguing a case against a correct descriptor.... and this could go on to call into question any reliability in what she claimed her difficulties. From your description I suspect I was right about my 'game theory' in that the way PIP assessments (and others) are set up alongside well known inconsistent decision making sort of encourages you to treat it like a game... or examination paper.... trying to score the most points you can from each 'question' or embellish to counter sceptical assessors. It's something I've literally been schooling myself against during a PIP review I did paperwork for in last week.... where they've considered my problems irrelevant previously I've this time not restated them and acknowledged basically agreement with everything of the last decision. Consistency I think is so important but like Spoonie I wonder too if they've been vulnerable due to their conditions to potential inconsistency or exaggeration.

    As above.... if reconsideration is option (and it should be if new decision) then it is something they should probably now pursue and then appeal tribunal if necessary.... to try to get the 'correct award' rather than a desired one.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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