× Members

PIP conundrum

More
5 years 11 months ago #231269 by Cinta
PIP conundrum was created by Cinta
Hi, I had my PIP reassessed last year and was given 0 points and all money stopped. Mandatory reconsideration was also 0 points. Put in for appeal which would take 57 weeks, my advisor told me to make a new claim which I did. Out of the blue I had a phone call from the PIP people saying they had looked at my 'new evidence' and would reinstate the 8 + 8 for mobility award for 5 years. Despite my saying I could not discuss anything on the phone he plowed on making me a mouthwatering offer. The way he spoke it sounded like he would give me the same points back and he pointed out that I wouldn't have to go to appeal. However, when I received their letter I have been given points for items I had not ticked and clarified, neither in the old assessment or the new application and the backdated payment sent to my bank. He also told me he had disposed of my new PIP application and the letter states that their previous decision regarding the other descriptors would stay in place. I don't like having points given to me which are not based on my written account (despite the fact they are true but not as pressing as all the others) and somewhat feel very uneasy about all of this. How would I go about challenging their choice of descriptors. Their letter makes no mention of a Mandatory Reconsideration and only states that I can appeal at a tribunal. Do I have to go for another Mandatory Reconsideration based on this new award first or can I go straight to Tribunal? Because my health has deteriorated considerably I would would prefer my new application to be considered, would it be possible to have all descriptors be considered by the judges or can they only look at the ones currently awarded? Any insight into this would be much appreciated. With many thanks!

Please Log in or Create an account to join the conversation.

More
5 years 11 months ago #231302 by Gordon
Replied by Gordon on topic PIP conundrum
Cinta

Are you happy with the award you now have?

Do you reasonably believe that you should have a higher award?

The assessor and Decision Maker are trained in disability assessment and reviewing claims, if they believe that you should receive points for areas that you are surprised by then my comment would be that they are the "experts".

If you are happy with the award then there is no practical way for you to challenge the basis of the Decision, you can continue on to appeal, there is no requirement for another MR but understand you risk the possibility of losing the award that you have, although the Judge in charge of your appeal must warn you of this and allow you to withdraw your appeal.

If you reasonably believe that you should receive a higher award then you can request a new appeal but will still have the potential issues of the points you have been awarded, so you need to base your decision om the points that you think you should score.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.