DWP changing the decision of a previous tribunal decision?

PTSD1972

Hi all, I'd really appreciate any advice here. I fought for and won an enhanced award on daily living, not enough for mobility. This was about 18 months ago and I was awarded 5 years on the DL payments. I recently had a change in circumstances and I'm required to update the DWP. I had a new full assessment and my daily living entitlement has been reduced to standard. I'm astounded as my condition and situation had deteriorated, and they are aware of this. My question is are the DWP effectively allowed to overturn a previous tribunal decision ( I'm assuming they can) and does have experience of this? I'm going to go for a mandatory reconsideration, obviously. I'm just so tired of fighting and trying to prove my situation. The tribunal awarded me and could clearly see my daily struggles. It's all so frustrating! Thank you for any help. 

Alice_Holt

Yes, if you ask for a new assessment because of a C of C the DWP's new decision will then override the previous Tribunal decision.

It is not uncommon for the DWP to reduce awards following a C of C notification. That's a risk you take in notifying a C of C. This is why it's vital to get accredited advice before contacting the DWP, and be sure that the C of C should result in additional points and a higher award.

I keep emphasizing this on the forum, and yours is an example of the clear risks in notifying a worsening condition, especially when you are in receipt of the enhanced rate.

Now, you are going to have to go through the MR / appeal route again. 
Include a copy of the tribunal decision letter with your MR and explain fully why the points awarded for DL remain relevant.

HillStreetBlues

Agree with the above, also length of the award can change as well.

PTSD1972

Hi, the issue is I didn't request a new assessment, I simply notified them of quite a significant new diagnosis, that could easily impact on my award. At no point is that what I expected. Thank you for clarifying the legalities though. I'm only a few points away from enhanced so hopefully it will be ok. 

poppy12345

PTSD1972 said:

Hi, the issue is I didn't request a new assessment, I simply notified them of quite a significant new diagnosis, that could easily impact on my award. At no point is that what I expected. Thank you for clarifying the legalities though. I'm only a few points away from enhanced so hopefully it will be ok. 

You didn't need to ask, when you report changes to your health condition they will automatically send out a new form. 

PTSD1972

poppy12345 said:

PTSD1972 said:

Hi, the issue is I didn't request a new assessment, I simply notified them of quite a significant new diagnosis, that could easily impact on my award. At no point is that what I expected. Thank you for clarifying the legalities though. I'm only a few points away from enhanced so hopefully it will be ok. 

You didn't need to ask, when you report changes to your health condition they will automatically send out a new form. 

I was under the impression that you had to tell them of any changes? Are you suggesting that it may be better to keep health changes to myself? It's a difficult situation to navigate. 

HillStreetBlues

PTSD1972 said:

poppy12345 said:

PTSD1972 said:

Hi, the issue is I didn't request a new assessment, I simply notified them of quite a significant new diagnosis, that could easily impact on my award. At no point is that what I expected. Thank you for clarifying the legalities though. I'm only a few points away from enhanced so hopefully it will be ok. 

You didn't need to ask, when you report changes to your health condition they will automatically send out a new form. 

I was under the impression that you had to tell them of any changes? Are you suggesting that it may be better to keep health changes to myself? It's a difficult situation to navigate. 

You only need to inform them if a change possibly means you would only be entitled to a lower or no award. This is because of it could be classed as benefit fraud, claiming more than you are entitled too.
If a change mean a possible increase of an award, it's up to that person if they want want to inform. This is because there is no such "crime" as not claiming all benefits you are entitled too.

peteuk

You had an enhanced daily activity awarded to you for a set period, you choose to advise them of a new diagnosis.  This wouldnt change the daily activity award as there is no room for it to go further.   Therefore the risk is, as youve found out a re-assessment and a reduction of points awarded.  Equally, when I was PIP assessing I was taught not to look at tribunal decision.

Does the new diagnosis affect your mobility award?

Not specifically for the OP but for others reading this.  As HillStreetBlues has pointed out you only really need to advise DWP of a change in circumstances if your health conditions have improved and so likely to reduce the PIP award.  You do run the risk of a new assessment, so if on a standard award its always good to consider the situation as although you may believe it may lead to an enhanced assessment, it can also lead to a reduction 

Spoonie_Turtle

peteuk said:

Not specifically for the OP but for others reading this.  As HillStreetBlues has pointed out you only really need to advise DWP of a change in circumstances if your health conditions have improved and so likely to reduce the PIP award.  You do run the risk of a new assessment, so if on a standard award its always good to consider the situation as although you may believe it may lead to an enhanced assessment, it can also lead to a reduction 

Yes exactly - and furthermore, only if the improvement has lasted long enough and will likely continue, not just a temporary improvement even if it's for a few months.

Robbie64

Spoonie_Turtle said:

peteuk said:

Not specifically for the OP but for others reading this.  As HillStreetBlues has pointed out you only really need to advise DWP of a change in circumstances if your health conditions have improved and so likely to reduce the PIP award.  You do run the risk of a new assessment, so if on a standard award its always good to consider the situation as although you may believe it may lead to an enhanced assessment, it can also lead to a reduction 

Yes exactly - and furthermore, only if the improvement has lasted long enough and will likely continue, not just a temporary improvement even if it's for a few months.

Indeed. The criteria for a worsening of a health condition to enable any higher payment of PIP to be made is that the worsening of a condition must have existed for 3 months and be likely to last for another 9 months. This approach should also be taken for an improvement in a condition - the improvement should have been present for 3 months and be expected to last for another 9 months.

PTSD1972

Thank you all for your advice. The reality is I've been awarded higher rate for mobility now, which is a positive. I'm challenging the reduction of daily living. My condition is chronic and exponentially getting worse over time, as agreed by the Drs at the tribunal. I've sent off my mandatory reconsideration and included the 5 year award from the tribunal. It's up to them now. I was awarded 8 points so I can only hope it increases to 12. My condition is never going to improve, sadly.