× Members

PIP - Told "You'll continue getting paid", then "You won't"

  • Enigma123
  • Topic Author
  • Away
More
3 days 23 hours ago #312644 by Enigma123
Hello,

I'll try and not produce a wall of text here, but my story is a bit complicated.

I went on PIP with a 3 year award, which ended in December just gone. I had my AR1 review form last May, which i filled in at the time and returned. My original award was for mobility as i had end stage osteoarthritis in both hips. By the time i had my AR1, i was around 6 months post 2nd surgery, and my condition was obviously now different. I had sciatica in one leg, and i'd developed what i thought was some kind of impingement in my shoulders during my daily physio, which is what i put in my AR1 form

A couple of months later, i hurt my right hip badly while exercising which left me in pain standing on that leg. I got an appointment to see the surgeon booked in for a few weeks later. As my shoulders were getting worse, i saw my GP to ask for referal to get an MRI or x-ray.

On the day of my hip injury hospital appointment, they called and cancelled it due to "staff shortages". Then, right before xmas, i had a text from the DWP to go to an in person WCA right after new year. As i had no hospital reports to back my claim up, plus it had snowed making it difficult to get into the town centre for me, i phoned and asked to cancel my claim. I literally just couldn't face the thought of going into the town centre, just to be prodded around and told "there's nothing wrong with you", especially without the backup of a doctors report. I got a letter some days later saying my claim would end, but, if i changed my mind i had 1 month to ask for it to be reinstated.

Within that month, i had my appointment for the shoulder clinic. My diagnosis was much more serious than i'd thought - end stage arthritis both sides, only "cure" being joint replacements. When i got home, i called the PIP number, and said i'd changed my mind and wanted to go ahead with things.

Sorry for all the text, but this following part is my problem i'm hoping someone can advise on. Later that afternoon after asking to go ahead with my claim, i had a call from a case manager. He said "I'm calling to let you know everything's been put in motion, you'll receive a letter soon. Oh, and, just so you know - you will continue getting your regular payments". I wasn't expecting that, but was very grateful. But, no payment came through on my normal date. I assumed it might just be a different day. A letter did arrive though, saying i've asked for a mandatory reconsideration, which i thought was odd as i hadn't actually had a decision against me, i'd just cancelled the claim.

This month (Feb), my hospital report on my shoulders came. I still hadn't been paid my PIP as promised, so i called to ask about that, and also to check the address to send evidence in to. That was last Friday (20th). I was transfered to a case manager. She said "Oh no, you don't get paid waiting for a M.R". I pointed out i'd been called before and told that i WOULD, so she put me through to another case manager. This guy read through my notes, then said "Yes there's been a mix up and you WILL be getting paid. I've sorted that, it will take 2 to 3 days to come through". It didn't.

So one week on, i've just come off the phone to another case manager. He said he needed to call me back as it looked complicated and he wanted to read through my notes. I told him the name of the last case manager, he said "Yes, i see his notes". The call back was to tell me "No sorry, you won't be getting paid as it's going through a mandatory reconsideration". I pointed out that i'd not actually been denied PIP or failed a WCA, it was me who'd cancelled, PLUS, two different previous case managers had told me "Your payments WILL continue". He said, "Sorry, that was wrong". So i'm now over £600/month down. I'm on UC, LCWRA, so to lose that much is a huge drop. Were the first two case managers in the wrong here, or was todays case manager wrong? Is there anything i can even do?

Thank you in advance.

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

More
4 hours 35 minutes ago #312690 by BIS
Hi Enigma123

If a claimant has a review and their award had previously been enhanced and dropped to standard, they would continue to get paid at the standard rate even if they submitted a Mandatory Reconsideration. If they won the MR - the award would be backdated and they would receive advanced.

If a claimant has a review and their award was previously enhanced or standard, and they then lost their award for both parts, the money would stop immediately. They would receive no money while the Mandatory Reconsideration was taking place. If they won the MR, the award would be backdated.

Now your case is different because you told the DWP that you wanted to cancel your claim fater you had sent back a review form and then you changed your mind. However, what is not clear to me is why the DWP are saying that you are going through the Mandatory Reconsideration process. You didn't attend a face-to-face review - so I would expect you to be at that stage.

I'm sorry - but I don't have an answer for you here, because it's not something I've come across. I don't know whether any of our members have found themselves in a similar position. I would ring the DWP (again) and ask why you are not being assessed and why your money has not been reinstated, or, if it is reinstated, whether it will be backdated.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Enigma123

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

Moderators: GordonlatetrainBISCatherine12345ChrisDavidKeelyJasmine