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Will an appeal trigger an entire review of PIP?
- Gina
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2 days 17 hours ago #306703 by Gina
Will an appeal trigger an entire review of PIP? was created by Gina
I was refused the mobility element of PIP at my last review though I do get some daily living. My last review was in the last year. During this time my mobility has declined a great deal but I am afraid to appeal and ask again for the mobility component because I worry that that would be classed as a review and under the new rules I may not qualify for the daily living which I currently receive.
I know they aren't going to implement the new daily living point system until 2027 or 2028 (?) and so if you already receive it you will continue on it until your next review. But if an appeal/asking them to reconsider mobility means another review of the whole claim it really may not serve me well. So I am not sure what to do ? I don't want to jeopardise what I already have. As I am 65 and will claim pension next year I won't be able to claim any mobility after that. I read you can only claim mobility component of PIP up to pension age. I'm concerned if I don't try to claim again for mobility I will lose out and if I do try to claim I will lose out.
I hope that makes sense. Any advice ?
I know they aren't going to implement the new daily living point system until 2027 or 2028 (?) and so if you already receive it you will continue on it until your next review. But if an appeal/asking them to reconsider mobility means another review of the whole claim it really may not serve me well. So I am not sure what to do ? I don't want to jeopardise what I already have. As I am 65 and will claim pension next year I won't be able to claim any mobility after that. I read you can only claim mobility component of PIP up to pension age. I'm concerned if I don't try to claim again for mobility I will lose out and if I do try to claim I will lose out.
I hope that makes sense. Any advice ?
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- BIS
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1 day 19 hours ago #306716 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Will an appeal trigger an entire review of PIP?
Hi Gina
I need to clarify the different terms for you.
Your review was in 2024, and your award was for the daily living component only. You weren't happy with the result, but didn't choose to challenge the award. If you had wanted to challenge the award you would have asked for a Mandatory Reconsideration which claimants have to submit within one month of the date on the decision letter. You missed that one month deadline. Your next option is to submit a late request for Mandatory Reconsideration, which you can do within 13 months of the date on the decision letter. However, you have to give a reason for the late submission and it is up to the DWP whether they accept it or not. They don't often turn down a request, but it does sometimes happen.
Do not despair. You still have another option. You say in your post that your mobility has grown worse, and therefore you can write to the DWP and request a 'change of circumstances' - and this will trigger a review. When you make the request, you can ask for them to look at your mobility only; however, they may send you a review form and expect you to complete it all. The advantage of reporting a change of circumstances is that, should you be given a mobility award, it will be backdated to the date you reported the change of circumstances.
It's up to you what you choose to do next, but you may find it easier to do a change of circumstances, rather than a late Mandatory Reconsideration. If you do the late Mandatory Reconsideration, they can only make a judgment on the information they had at the time - they can't look at what has grown worse since.
With regard to the mobility component of PIP:
1. Once a person reaches State Pension Age, if they do not have a PIP mobility award in place, they cannot be awarded one.
2. If a claimant has a PIP mobility award in place before they reach State Pension Age - it will continue to be paid beyond SPA.
3 If a claimant has a standard PIP mobility award, it cannot be increased once they reach State Pension Age, eg they can never be awarded enhanced even if their mobility deteriorates.
Only you can decide what to do, but your chances are probably better with a change of circumstances over the late Mandatory Reconsideration.
BIS
I need to clarify the different terms for you.
Your review was in 2024, and your award was for the daily living component only. You weren't happy with the result, but didn't choose to challenge the award. If you had wanted to challenge the award you would have asked for a Mandatory Reconsideration which claimants have to submit within one month of the date on the decision letter. You missed that one month deadline. Your next option is to submit a late request for Mandatory Reconsideration, which you can do within 13 months of the date on the decision letter. However, you have to give a reason for the late submission and it is up to the DWP whether they accept it or not. They don't often turn down a request, but it does sometimes happen.
Do not despair. You still have another option. You say in your post that your mobility has grown worse, and therefore you can write to the DWP and request a 'change of circumstances' - and this will trigger a review. When you make the request, you can ask for them to look at your mobility only; however, they may send you a review form and expect you to complete it all. The advantage of reporting a change of circumstances is that, should you be given a mobility award, it will be backdated to the date you reported the change of circumstances.
It's up to you what you choose to do next, but you may find it easier to do a change of circumstances, rather than a late Mandatory Reconsideration. If you do the late Mandatory Reconsideration, they can only make a judgment on the information they had at the time - they can't look at what has grown worse since.
With regard to the mobility component of PIP:
1. Once a person reaches State Pension Age, if they do not have a PIP mobility award in place, they cannot be awarded one.
2. If a claimant has a PIP mobility award in place before they reach State Pension Age - it will continue to be paid beyond SPA.
3 If a claimant has a standard PIP mobility award, it cannot be increased once they reach State Pension Age, eg they can never be awarded enhanced even if their mobility deteriorates.
Only you can decide what to do, but your chances are probably better with a change of circumstances over the late Mandatory Reconsideration.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gina
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1 day 15 hours ago #306722 by Gina
Replied by Gina on topic Will an appeal trigger an entire review of PIP?
Thank you very much much Bis for your reply it's very helpful. My mobility has changed in last few months and so 'change of circumstances' would seem the best option as you say. I will have to think about it bearing in mind all you said.
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