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Awarded PIP for almost 2 years :)

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7 years 3 months ago #129866 by sparkles5
Replied by sparkles5 on topic Awarded PIP for almost 2 years :)

Gordon wrote:

lester wrote: Surely not! I have been giving an award of 3 years with stated dates. I would think they would be treading on dodgey ground from both the legal and moral aspect.


Morality doesn't really enter into the discussion and I am afraid Regulation 11 allows the Secretary of State (in practice their agents the DWP) to initiate a re-assessment at any time and for any reason. I can't see how any re-assessment cannot result in a new Decision and that any new Decision would have affect from the date it is made. However, until someone has gone through this process we can only surmise on how it will operate.

Gordon


My award notice says:

"I've decided you're entitled to the daily living component of PIP at the standard rate from 8 Jan 2015- 8th Nov 2016 (both dates included)"

Later on in the letter it states:

"Although PIP has been awarded, you'll only be entitled if you continue to meet the conditions for benefit. We'll contact you after 9 November 2015 to make sure you are receiving the write level of PIP"

Later on it says:

"If your award of PIP has an end date, you'll be sent a letter around 14weeks before your award ends. This letter will explain how to claim again if you want to"


I am even more confused now, so when will I be reassessed, around November 2015 - one year before my claim is due to end, or 14 weeks before my award ends? Or do I have to be reassessed this November and then again 14weeks before the award ends? If so, why do they bother dating the claim for 22 months if they are going to re-look at it in a few months time? Seems crazy!

The guy on the phone said they will be in contact in November to re start the application process, he said that because it takes so long to gain drs reports and other evidence that they want to give themselves longer to look at the claim. I am utterly confused as why I have been given two time scales..

All very confusing... don't think the DWP understand the system themselves. :S

Gonna try ring tomorrow to get some clarity, really doesn't help my anxiety what is next, now i'm on edge that I might have to submit two claims in a year - as if filling in the form once isn't bad enough :(:(:(

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7 years 3 months ago #129873 by Gordon
Replied by Gordon on topic Awarded PIP for almost 2 years :)
Helen

Our understanding is that the vast majority of PIP claimants will be assessed one year in advance of their claim ending, exceptions to this will be those who only have a one year award and those with an on-going award, the former should expect to be re-assessed 14 weeks from the end of the one year, the latter will be assessed on an ad hoc basis, no timescales for this are available.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sparkles5

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7 years 3 months ago #129902 by sparkles5
Replied by sparkles5 on topic Awarded PIP for almost 2 years :)

Gordon wrote: Helen

Our understanding is that the vast majority of PIP claimants will be assessed one year in advance of their claim ending, exceptions to this will be those who only have a one year award and those with an on-going award, the former should expect to be re-assessed 14 weeks from the end of the one year, the latter will be assessed on an ad hoc basis, no timescales for this are available.

Gordon


Hi,

I have just come off the phone to DWP about it.

The guy was really helpful and spent ages reassuring me and explain it.

Basically I have been told that the current system is that a year in advance of the award expiring, they will send out another "how your disability affects you" form. You complete it with any new evidence and it will be looked at to see if your disability is the same/worse/better. He said its unlikely you'd need to have an assessment if your condition is judged to be the same, but you could have one if it got worse/better.

Based on the form/assessment/evidence provided you will
-STOP getting pip from the date your current award expires if they think your disability isn't affecting you as much as it was when you got the initial award
-Could be increased starting from the day after your current award expires as your disability has started to affect you more
-Could be decreased on the day after your current award expires if your disability has got better but you still qualify.

He said that I would definitely qualify for almost 2 years as the award states, and nothing on the form I put in in November this year will affect that. The claim would only stop if I rung up and said I no longer need PIP as my disability wasn't affecting me enough to qualify. They can't just take it away.

The bit on my award notice that says about being written to 14 weeks before the award is meant to end is if I was going to stop qualifying after submitting my new pip how your disability affects you form if they thought my condition had substantially got better.

So basically if he's right and I listened well enough, they can't take away an award just as they are 'renewing' it - it will always finish on the end date on the letter unless you state you no longer need the benefit as are so much better.

So confusing!

Hope this helps someone.

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7 years 3 months ago #129904 by Gordon
Replied by Gordon on topic Awarded PIP for almost 2 years :)
Helen

As I said in my original post, we will have to wait and see what happens, so far nobody on the forum has gone through this process to its end, however, I am still minded to disagree with the information you were told on the helpline, although I would be more than pleased to be wrong, a re-assessment that results in recommendation for a reduced award or the removal of one completely would create a clear over payment situation, something I don't think the DWP will allow to happen.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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