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Change of circumstances
- Darren Jones
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6 years 3 months ago #225226 by Darren Jones
PIP reassessment decision was created by Darren Jones
Applied for PIP and was awarded standard care & standard mobility in December 2015. Did not agree with the award, so submitted an MR which was not done until November 2017. Yes, 2 years to complete an MR. Decision remained unchanged, so I submitted an appeal and appeared before the tribunal June 2018. They increased my care element to enhanced for the full duration of the award, which was three years. So until December 2018.
Meanwhile in March 2018, DWP decided to reassess my claim and carried out a home assessment, the outcome of which was an award of standard care only for three years. However, following the tribunal decision three months later on the original claim, I was paid enhanced care & standard mobility until December 2018. Payment has now defaulted in line with the decision of April 2018, ie standard care only, against which, I submitted an MR one week after receiving the decision letter, but the MR has never been done.
Called the PIP helpline last week and after being on the phone for 1.5hours, was told the decision of the tribunal had superseded the request for an MR and therefore I had lost the right to an MR, even though the tribunal decision was regarding the original claim. I tried to get across that the tribunal ruling had nothing to do with the decision of April 2018, but the call handler failed to comprehend. Tried to point out that the tribunal cannot in law have made a ruling on a decision that had not been through the process of an MR, but the call handler just kept insisting, having spoken to a "senior case manager" that I had lost the right to an MR and instead offered to register an MR against her decision.
This probably comes as no surprise to some on this forum and especially the moderators, but I am left bewildered, exhausted and confused by the competency of people who are paid to understand the claims process and provide help/advice to applicants. Any advice/suggestions on how to progress would be greatly appreciated.
PS. my MP is about as much use as a chocolate teapot, so not prepared to put myself through that stress & anxiety again
Meanwhile in March 2018, DWP decided to reassess my claim and carried out a home assessment, the outcome of which was an award of standard care only for three years. However, following the tribunal decision three months later on the original claim, I was paid enhanced care & standard mobility until December 2018. Payment has now defaulted in line with the decision of April 2018, ie standard care only, against which, I submitted an MR one week after receiving the decision letter, but the MR has never been done.
Called the PIP helpline last week and after being on the phone for 1.5hours, was told the decision of the tribunal had superseded the request for an MR and therefore I had lost the right to an MR, even though the tribunal decision was regarding the original claim. I tried to get across that the tribunal ruling had nothing to do with the decision of April 2018, but the call handler failed to comprehend. Tried to point out that the tribunal cannot in law have made a ruling on a decision that had not been through the process of an MR, but the call handler just kept insisting, having spoken to a "senior case manager" that I had lost the right to an MR and instead offered to register an MR against her decision.
This probably comes as no surprise to some on this forum and especially the moderators, but I am left bewildered, exhausted and confused by the competency of people who are paid to understand the claims process and provide help/advice to applicants. Any advice/suggestions on how to progress would be greatly appreciated.
PS. my MP is about as much use as a chocolate teapot, so not prepared to put myself through that stress & anxiety again
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- Gordon
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6 years 3 months ago #225241 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP reassessment decision
D
The call centre staff are incorrect, for lots of reasons, you can either call again to request an MR of the 2018 Decision or write to the DWP office dealing with your claim.
Gordon
The call centre staff are incorrect, for lots of reasons, you can either call again to request an MR of the 2018 Decision or write to the DWP office dealing with your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Darren Jones
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- Darren Jones
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4 years 3 months ago #254719 by Darren Jones
Replied by Darren Jones on topic PIP reassessment decision
It is again time for my PIP reassessment and I have received the form today. However, I was notified last October that my award had been extended until December 2021. Very confused. Do I ignore the form, or fill it in anyway? Please advise
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- BIS
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4 years 3 months ago #254730 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Change of circumstances
Hi Darren
Many people have received extension letters and this is to help with the backlog of cases they are dealing with. However, one thing that hasn't changed is the DWP reviewing cases approximately 8 - 12 months before then award end date. Therefore although your award was extended to Dec 21, you would expect to receive the review letter now. You need to fill it in and send it back. Ask for an extension if you need more time.
BIS
Many people have received extension letters and this is to help with the backlog of cases they are dealing with. However, one thing that hasn't changed is the DWP reviewing cases approximately 8 - 12 months before then award end date. Therefore although your award was extended to Dec 21, you would expect to receive the review letter now. You need to fill it in and send it back. Ask for an extension if you need more time.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Darren Jones
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