- Posts: 3
× Members
PIP Backpay
- Cindy
- Topic Author
- Offline
Less More
4 years 2 months ago #256623 by Cindy
PIP Backpay was created by Cindy
Hi to everyone,
I have recently been helping a lady with many mental health issues. We contacted PIP in August 2020 asking form a review to take place. After many months of working through the system, she was given a new award on 21 January 2021.
Firstly, she was informed it would not be backdated as she had not informed the DWP of a change in her health within a month. Even though she requested the review.
Secondly on the matter of being able to plan and carry out a journey the Decision maker said "you cannot undertake any journey due to the severity of the psychological distress you would suffer". My understanding of that is that she should have received 12 points if she is unable to leave the home. She was only given 10 points which obviously places her in the low rate mobility bracket.
The same decision maker gave no points for her distress in engaging with other people face to face or her difficulty in communicating with other people.
My query is whether these issues should be given the same level of understandable distress as her leaving the home does. Also is there a way of getting her high rate mobility given the DM wording that she can never leave the home without severe psychological distress?
I have forwarded a request for a Mandatory Reconsideration based on the a above and other matters to be addressed but I wonder if there is anything else I should be trying for her.
Any advise or thoughts would be appreciated.
Cindy
I have recently been helping a lady with many mental health issues. We contacted PIP in August 2020 asking form a review to take place. After many months of working through the system, she was given a new award on 21 January 2021.
Firstly, she was informed it would not be backdated as she had not informed the DWP of a change in her health within a month. Even though she requested the review.
Secondly on the matter of being able to plan and carry out a journey the Decision maker said "you cannot undertake any journey due to the severity of the psychological distress you would suffer". My understanding of that is that she should have received 12 points if she is unable to leave the home. She was only given 10 points which obviously places her in the low rate mobility bracket.
The same decision maker gave no points for her distress in engaging with other people face to face or her difficulty in communicating with other people.
My query is whether these issues should be given the same level of understandable distress as her leaving the home does. Also is there a way of getting her high rate mobility given the DM wording that she can never leave the home without severe psychological distress?
I have forwarded a request for a Mandatory Reconsideration based on the a above and other matters to be addressed but I wonder if there is anything else I should be trying for her.
Any advise or thoughts would be appreciated.
Cindy
Please Log in or Create an account to join the conversation.
- BIS
- Away
Less More
- Posts: 9018
4 years 2 months ago #256627 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Backpay
Hi Cindy
If someone is unable to leave the home then they will only score 10 points because even if they had assistance they still wouldn't leave the home. This was confirmed by an Upper Tribunal - you can read about it on page 57 of the Guide to PiP claims and reviews.
In terms of points for communicating - look back at what has been written or said for this question. I have seen assessors argue that if someone never leaves the house they don't try and communicate with other people - and therefore don't experience psychological distress. Hopefully, you argued in your MR - that it is not because your friend doesn't want to communicate, but she needs help to do so and that is not available to her
If you haven't got the assessor's report - the PA4 - you need to get hold of it, because it will help you understand why your friend did not score for particular points and help you make your counter-arguments.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
If someone is unable to leave the home then they will only score 10 points because even if they had assistance they still wouldn't leave the home. This was confirmed by an Upper Tribunal - you can read about it on page 57 of the Guide to PiP claims and reviews.
In terms of points for communicating - look back at what has been written or said for this question. I have seen assessors argue that if someone never leaves the house they don't try and communicate with other people - and therefore don't experience psychological distress. Hopefully, you argued in your MR - that it is not because your friend doesn't want to communicate, but she needs help to do so and that is not available to her
If you haven't got the assessor's report - the PA4 - you need to get hold of it, because it will help you understand why your friend did not score for particular points and help you make your counter-arguments.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David