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  • FIRST POST
    • JFLAH
    • By JFLAH 12th Aug 18, 2:13 AM
    • 1Posts
    • 0Thanks
    JFLAH
    PIP Appeal overturned by change of circumstance?! HELP
    • #1
    • 12th Aug 18, 2:13 AM
    PIP Appeal overturned by change of circumstance?! HELP 12th Aug 18 at 2:13 AM
    Help appreciated. My friend was awarded standard Daily and standard mobility via a tribunal which she won, she was awarded both of these rates indefinitely.

    6 months later she became more unwell with her mobility and care so she contacted DWP to inform them of a change of circumstances. She asked for a review form but they insisted on sending her a completely new application - im not sure why?

    she sent off the new application and got a call from a decision maker to say she had been awarded the higher rate mobility but the daily living rate remained as standard. This all seems fine BUT they have only awarded her these rates for 12 months, with a review every 12 months.

    I dont understand why she was previously awarded both elements indefinitely on appeal and now the time scales have reduced significantly. The added fear is her age, at 62 she needs to be awarded PIP indefinitely in order for it to help her after she is 65.

    Can DWP overturn an appeals award decision? Especially if the original conditions remain but she now has more permanent mobility issues?

    Advice appreciated. We want to try to avoid another lengthy appeals process but fear it may be the case.
Page 1
    • _shel
    • By _shel 12th Aug 18, 5:52 AM
    • 1,289 Posts
    • 2,207 Thanks
    _shel
    • #2
    • 12th Aug 18, 5:52 AM
    • #2
    • 12th Aug 18, 5:52 AM
    Help appreciated. My friend was awarded standard Daily and standard mobility via a tribunal which she won, she was awarded both of these rates indefinitely.

    6 months later she became more unwell with her mobility and care so she contacted DWP to inform them of a change of circumstances. She asked for a review form but they insisted on sending her a completely new application - im not sure why?

    she sent off the new application and got a call from a decision maker to say she had been awarded the higher rate mobility but the daily living rate remained as standard. This all seems fine BUT they have only awarded her these rates for 12 months, with a review every 12 months.

    I dont understand why she was previously awarded both elements indefinitely on appeal and now the time scales have reduced significantly. The added fear is her age, at 62 she needs to be awarded PIP indefinitely in order for it to help her after she is 65.

    Can DWP overturn an appeals award decision? Especially if the original conditions remain but she now has more permanent mobility issues?

    Advice appreciated. We want to try to avoid another lengthy appeals process but fear it may be the case.
    Originally posted by JFLAH
    Yes they can. She asked for it to be reviewed and that's what they've done. Any new decision cancels out the previous. If she's not happy she needs to go through the mandatory review and appeals process again but she risks getting a lesser award as she's found out.
    Last edited by _shel; 12-08-2018 at 6:48 AM.
    • w06
    • By w06 12th Aug 18, 7:18 AM
    • 696 Posts
    • 1,006 Thanks
    w06
    • #3
    • 12th Aug 18, 7:18 AM
    • #3
    • 12th Aug 18, 7:18 AM
    Of course they can, your friend asked them to by reporting the change of circumstances.

    Incidentally PIP isn't awarded indefinitely. The longest awards are 'for an ongoing period' with review no earlier than ten years, the intention is that no-one can claim and continue claiming without ever being reviewed as they could on DLA
    • poppy12345
    • By poppy12345 12th Aug 18, 7:22 AM
    • 3,147 Posts
    • 3,062 Thanks
    poppy12345
    • #4
    • 12th Aug 18, 7:22 AM
    • #4
    • 12th Aug 18, 7:22 AM
    he contacted DWP to inform them of a change of circumstances. She asked for a review form but they insisted on sending her a completely new application - im not sure why?
    Originally posted by JFLAH
    It was a change of circumstances and not a review. When someone reports a change of circumstances a PIP2 form (or new application as you stated), is always sent. shel is correct, any new decision overrules the Tribunal one.
    • calcotti
    • By calcotti 12th Aug 18, 9:53 AM
    • 133 Posts
    • 65 Thanks
    calcotti
    • #5
    • 12th Aug 18, 9:53 AM
    • #5
    • 12th Aug 18, 9:53 AM
    she needs to be awarded PIP indefinitely in order for it to help her after she is 65.
    Originally posted by JFLAH
    If she was not getting PIP already she would not be able to make a new claim after 65 but if she already has it she can continue to get it but it will be subject to periodic review.
    • hb2
    • By hb2 12th Aug 18, 4:22 PM
    • 68 Posts
    • 65 Thanks
    hb2
    • #6
    • 12th Aug 18, 4:22 PM
    • #6
    • 12th Aug 18, 4:22 PM
    Long-term awards are (theoretically, at least) given for stable conditions. Your friend reported a change of circumstances and a shorter award reflects the fact that her condition is not stable.
    • micky2phones
    • By micky2phones 14th Aug 18, 10:25 PM
    • 327 Posts
    • 265 Thanks
    micky2phones
    • #7
    • 14th Aug 18, 10:25 PM
    • #7
    • 14th Aug 18, 10:25 PM
    Of course they can, your friend asked them to by reporting the change of circumstances.

    Incidentally PIP isn't awarded indefinitely. The longest awards are 'for an ongoing period' with review no earlier than ten years, the intention is that no-one can claim and continue claiming without ever being reviewed as they could on DLA
    Originally posted by w06
    Hi, beat me to it was going to say much the same, just seen the date and im two days behind whoops lol
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