Letter received from DWP re PIP review.

Hi Gordon,
Thanks for your response.
The nurse that wrote the report had access to neither.
With regards to the OT, they are mental health OT’s, so it’s not about aids, had first meeting with them in my home and it’s things like, if you find it impossible to go into a public place ie shops they will chaperone me to a familiar place and discuss your fears, what’s going on etc, so they are putting together a care plan so the goal would be able to do things like that with their presence, in the hope that one day I could do it unaided in the future. I was allocated this service as at the moment I rely on my mum and sister so it was to not only reduce the burden on them but reduce my dependency on them also. The CBT hasn’t started yet, the first appointment was to assess my needs and wether I would be suitable or not, I have been informed by the OT’s that this service is inundated and I probably won’t get an appointment for this therapy to begin til after Xmas. Just to make you aware, I had CBT before and it was unsuccessful. I was hoping this would support my appeal that I cannot follow a journey to a familiar place without another person and also the fact it’s an OT. Many thanks.

Hi Gordon/BIS,

Looking for your much needed help again if I may, would be gratefully appreciated.

Quick reminder of timeline,

24/12/2018 - PIP2 questionnaire arrives.
19/03/2019 - Call DWP to inform CPN nurse has now been allocated. ( on my PIP2 I had informed them I was on the waiting list.
26/03/2019 - Letter from IAS Requesting further information.
29/04/2019 - Received text from DWP “we have received the written report” ( confused by this as who had they requested info from? Was expecting a home visit. Why had they not read on my review form about CPN. Called and was told that a PBR had been done and the HP had contacted a CBT from 2016 who told them he was no longer involved in my care.)
29/04/2019 - 1st complaint submitted to IAS.
No asssesment report has ever been provided by the HP who was responsible for the above part despite numerous requests.
29/04/2019 - Same day!! Mysteriously another PBR was done by another person.
14/05/2019 - Award letter received STD Daily and now STD Mobility ( 1st claim was awarded zero for everything, submitted MR, prior to this being looked at asked for assessors report (back then I didn’t know you could do this) turned out DM couldn’t count, HP had put 8 for STD Daily zero for mobility, but DM had missed out a descriptor, DWP sorted it out on the phone so MR wasn’t even considered, never even got a response.
04/06/2019 - MR submitted.
28/06/2019 - Further evidence submitted.
12/08//2019 - MR rejected by DWP.
12/09/2019 - Appeal submitted.

I have received my bundle from DWP.
On their statement of “facts” they have put “Miss .......... PIP award was looked at again taking MH v SSWP (2016) UKTAT 0531 (AAC) : into consideration this tribunal judgement relates to the meaning of the descriptors within mobility activity 1, planning and following journeys.
This change applies from 28/11/2016. The rate of PIP was not affected.

My question is, why then on the 14/05/2019, they decided STD mobility when never been awarded before on 1st application, ignored MR etc, circumstances hadn’t changed, had medical evidence to back this up from 2016 which was no different from what my CPN submitted in 2019.
I had raised the new legislation in my MR and I fear they “chucked” STD mobility at me to shut me up hoping I would go away. They only awarded it from the date of my PIP 2 not the date of my original claim.

On the conclusion they write:
If the tribunal decide an award of PIP is appropriate, their attention is drawn to the fact that the effective date of any award be dependent on the regulation used to supersede the awarding decision, and its associated considerations. The effective date of any award the Tribunal decide is appropriate, may therefore be different to the effective date of the decision under appeal, as set out in sections 1 and 3, of this appeal response. The tribunal are respectfully asked to explain how the effective date of the award was arrived at in their decision notice”.

Are the DWP implying to the tribunal that if I was awarded they will not backdate any payments?

Also within the statement of facts, they write “ 02/07/2019 - F2F assessment report received, date of document 29/04/19. No F2F occurred, another rushed through PBR as I had made a complaint.

Also on the statement of facts was “ Miss ........ is entitled to ESA”. One of the bundle was my appointment letter for F2F at home with one of their GP’s for ESA dated July 2017 but no copy of the report.

Why is that included? It has nothing to do with my PIP appeal.

Any help would be gratefully appreciated.

Kind regards.

Thanks for your response Gordon,

There was nothing in assessment report to say why I gained STD Mobility, thus the reason why I am concerned this was only put in place because I brought up the legislation in MR and them doing so prevents them having to backdate payment to original claim. I might be sceptical but it does raise suspicion.

Sorry Gordon but I don’t quite understand what you mean in your second sentence “effective date for the decision from what they expect” what does this mean please?

How long do I have to respond?

Many thanks