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DM stopped PIP and said I was overpaid?
- PBR Street Gang
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4 years 2 months ago #244297 by PBR Street Gang
DM stopped PIP and said I was overpaid? was created by PBR Street Gang
Hi
I recently went for an assessment and failed. I received a letter on the 27th Jan telling me that my PIP was stopping.
The last payment I received was on the 28th of Jan, and I have just noticed on the letter that the DM has said;
"Unfortunately, we have paid you to much money. You'll get a letter to tell if you need to pay any money back"
Are they suggesting that I should pay back all money since getting PIP in 2016?
Thanks in advance!
I recently went for an assessment and failed. I received a letter on the 27th Jan telling me that my PIP was stopping.
The last payment I received was on the 28th of Jan, and I have just noticed on the letter that the DM has said;
"Unfortunately, we have paid you to much money. You'll get a letter to tell if you need to pay any money back"
Are they suggesting that I should pay back all money since getting PIP in 2016?
Thanks in advance!
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4 years 2 months ago #244324 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DM stopped PIP and said I was overpaid?
Hi PBR Street Gang
No, what they are saying is that a decision has been made and your eligibility for PIP has now ended. If any monies are paid out after the decision date then this will be an overpayment
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP Mandatory Reconsideration & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report ( if you have not already done so, I would phone them but again follow up the request in writing). Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
No, what they are saying is that a decision has been made and your eligibility for PIP has now ended. If any monies are paid out after the decision date then this will be an overpayment
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP Mandatory Reconsideration & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report ( if you have not already done so, I would phone them but again follow up the request in writing). Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 2 months ago #244327 by PBR Street Gang
Replied by PBR Street Gang on topic DM stopped PIP and said I was overpaid?
Hi Gary
Thanks for the reply.
I believe your interpretation but please Gary make me wiser if you can and tell why they would use such loaded terms 'we have paid you to much money'
I hope you don't think I am questioning your reply but it just seems a bit of strange statement, if I don't owe them anything to begin with!
All the best and by the way I am working on the MR.
Thanks for the reply.
I believe your interpretation but please Gary make me wiser if you can and tell why they would use such loaded terms 'we have paid you to much money'
I hope you don't think I am questioning your reply but it just seems a bit of strange statement, if I don't owe them anything to begin with!
All the best and by the way I am working on the MR.
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4 years 2 months ago #244335 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DM stopped PIP and said I was overpaid?
Hi PBR Street Gang
I do not know why they would use the term 'we have paid you to much money' in their letter, I have seen this term used many times before but nothing came of it, as I said below if any monies are paid out after the decision date then this can be recovered as an overpayment.
Good luck with your MR and don't forget to use our guides.
Gary
I do not know why they would use the term 'we have paid you to much money' in their letter, I have seen this term used many times before but nothing came of it, as I said below if any monies are paid out after the decision date then this can be recovered as an overpayment.
Good luck with your MR and don't forget to use our guides.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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