- Posts: 8
× Members
PIP appeal with no PIP2 form
- Boss
- Topic Author
- Offline
Less More
3 days 6 hours ago #304677 by Boss
PIP appeal with no PIP2 form was created by Boss
Hi everyone,
Am assisting a lady who applied for PIP for her 17 year old son with learning difficulties, adrenal insufficiency and benign neoplasm. She never completed the PIP2 form and was not awarded because "we asked you to send us some further information and did not receive it on time."
A MR was made in which his difficulties and care needs were outlined together with supporting evidence from his doctor, hospital and social worker. This too was not awarded but appeal rights given.
An appeal was made. A few weeks after this a DWP officer called the lady and made an offer for the ER of daily living and SR of mobility which she gladly accepted.
However, she was called the following day and informed that it was a mistake by the officer to make the award offer and as such there was no PIP award.
She has continued with the appeal. The worry is: can this go ahead even though she did not send in the PIP2 form?
Your input is very appreciated and will significantly reduce the family's anxiousness.
Thanks.
Am assisting a lady who applied for PIP for her 17 year old son with learning difficulties, adrenal insufficiency and benign neoplasm. She never completed the PIP2 form and was not awarded because "we asked you to send us some further information and did not receive it on time."
A MR was made in which his difficulties and care needs were outlined together with supporting evidence from his doctor, hospital and social worker. This too was not awarded but appeal rights given.
An appeal was made. A few weeks after this a DWP officer called the lady and made an offer for the ER of daily living and SR of mobility which she gladly accepted.
However, she was called the following day and informed that it was a mistake by the officer to make the award offer and as such there was no PIP award.
She has continued with the appeal. The worry is: can this go ahead even though she did not send in the PIP2 form?
Your input is very appreciated and will significantly reduce the family's anxiousness.
Thanks.
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1486
2 days 9 hours ago #304700 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP appeal with no PIP2 form
Hi Boss,
I think what has happened here is technically you have done an MR and appeal on the refusal to award benefit because the form wasn't sent back.
Basically DWP have no information so no award! As opposed to DWP disagree with the information sent in and award zero points.
However the tribunal can make any award that DWP could have lawfully made. So, firstly you can simply ask the tribunal to allow you to claim, and possibly from the date the claim was instigated. (So if a telephone claim was made 1st January and the form wasn't returned by 1st Feb DWP would close the claim - maybe giving a few days grace. If you had good reason why the form wasn't returned then you can argue at MR for the claim to be allowed- otherwise the only way forward is to re-claim and start again. So the appeal at tribunal shoukd be able to allow a claim ( in this example) to go back to 1st Jan. The tribunal does have the power to consider what award should have been made (as this is clearly a decision DWP could legally make.) However, I think you need to make it absolutely clear that you want this to happen and also that you go through each descriptor, effectively recreating the PIP 2 form. You can say eg 'no points required, this activity can be managed ' or alternatively explain that the claimant eg 'needs assistance' and explain why. Give examples of what goes wrong and what help is neded and why.Say how many points should be awarded.
If you have any medical evidence send this in too.
I hope this helps.
LL26
I think what has happened here is technically you have done an MR and appeal on the refusal to award benefit because the form wasn't sent back.
Basically DWP have no information so no award! As opposed to DWP disagree with the information sent in and award zero points.
However the tribunal can make any award that DWP could have lawfully made. So, firstly you can simply ask the tribunal to allow you to claim, and possibly from the date the claim was instigated. (So if a telephone claim was made 1st January and the form wasn't returned by 1st Feb DWP would close the claim - maybe giving a few days grace. If you had good reason why the form wasn't returned then you can argue at MR for the claim to be allowed- otherwise the only way forward is to re-claim and start again. So the appeal at tribunal shoukd be able to allow a claim ( in this example) to go back to 1st Jan. The tribunal does have the power to consider what award should have been made (as this is clearly a decision DWP could legally make.) However, I think you need to make it absolutely clear that you want this to happen and also that you go through each descriptor, effectively recreating the PIP 2 form. You can say eg 'no points required, this activity can be managed ' or alternatively explain that the claimant eg 'needs assistance' and explain why. Give examples of what goes wrong and what help is neded and why.Say how many points should be awarded.
If you have any medical evidence send this in too.
I hope this helps.
LL26
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