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award without face to face PIP assessment
- Paulina8
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6 years 5 months ago #200254 by Paulina8
award without face to face PIP assessment was created by Paulina8
I had my original PIP claim awarded without a face to face assessment; one naturally claims not to be as ill as reality - part denial/part coping mechanism.
I did not score myself immobile but when the Austerity budget was done in 03/16 I received a personal visit, at home, to assess me when PIP was cancelled.
CAB scored me within 3 months 14 and 12 on DLA and mobility.
I have fought for 70 weeks and done 1st/Upper/and 2nd 1st tier tribunals-the last one for telephone hearing. I was finally awarded a PIP from the date stopped until 21 February 2017 only.
On 22/2/17 I made a 2nd PIP claim (my original 2 yr award would have ended December 2016, because I had no decision from Upper Tribunal.
I was therefore underpaid PIP from commencement and due to HMCT delays I made a second claim which stopped the 2nd 1st tier Tribunal ruling a continuation of PIP. The 2nd 1st Tier Tribunal ignored CAB assessment and continued paying me arrears at same rate ad first claim.
The ladt tribunal told me and noted in the case summary that I should apply for a mandatory reconsiderstion to teceive PIP beyond 22/2/17. I have done this but initially DWP still said NO to paying me beyond 21/2/17 - the date the 2nd claim began.
I have had to supply a med cert/well note saying my condition has worsened - it has - and am awaiting a further reply from DWP.
The CAB said many people had not been assessed for PIP but paid it anyway - probably like me, underestimating their illness and its effects.
What can I do?
I did not score myself immobile but when the Austerity budget was done in 03/16 I received a personal visit, at home, to assess me when PIP was cancelled.
CAB scored me within 3 months 14 and 12 on DLA and mobility.
I have fought for 70 weeks and done 1st/Upper/and 2nd 1st tier tribunals-the last one for telephone hearing. I was finally awarded a PIP from the date stopped until 21 February 2017 only.
On 22/2/17 I made a 2nd PIP claim (my original 2 yr award would have ended December 2016, because I had no decision from Upper Tribunal.
I was therefore underpaid PIP from commencement and due to HMCT delays I made a second claim which stopped the 2nd 1st tier Tribunal ruling a continuation of PIP. The 2nd 1st Tier Tribunal ignored CAB assessment and continued paying me arrears at same rate ad first claim.
The ladt tribunal told me and noted in the case summary that I should apply for a mandatory reconsiderstion to teceive PIP beyond 22/2/17. I have done this but initially DWP still said NO to paying me beyond 21/2/17 - the date the 2nd claim began.
I have had to supply a med cert/well note saying my condition has worsened - it has - and am awaiting a further reply from DWP.
The CAB said many people had not been assessed for PIP but paid it anyway - probably like me, underestimating their illness and its effects.
What can I do?
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- Gordon
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6 years 5 months ago #200279 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic award without face to face PIP assessment
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Forgive me but I am struggling to work out the sequence of events.
Sometime prior to 2016 you made a claim for PIP and received an award.
In early 2016 you were reassessed and received no award.
You appealed this and eventually received an award.
On 21 February you made a new claim for PIP, while your appeals will still being resolved.
You do not appear to have stated what the result of this new claim was but I assume you were refused again.
You have done an MR on this latest Decision and still have no award.
Is the above correct?
If it is then I am afraid it is correct that you have no PIP in payment, you need to request an appeal against the latest Decision (the new claim).
Even though the panel on your 2nd Tribunal made an award it applies from the date of the Decision appealed. As you made a new claim, a new Decision was made which supersedes all previous Decisions including those made by a Tribunal.
Gordon
Welcome to Benefits and Work
Forgive me but I am struggling to work out the sequence of events.
Sometime prior to 2016 you made a claim for PIP and received an award.
In early 2016 you were reassessed and received no award.
You appealed this and eventually received an award.
On 21 February you made a new claim for PIP, while your appeals will still being resolved.
You do not appear to have stated what the result of this new claim was but I assume you were refused again.
You have done an MR on this latest Decision and still have no award.
Is the above correct?
If it is then I am afraid it is correct that you have no PIP in payment, you need to request an appeal against the latest Decision (the new claim).
Even though the panel on your 2nd Tribunal made an award it applies from the date of the Decision appealed. As you made a new claim, a new Decision was made which supersedes all previous Decisions including those made by a Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Paulina8
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6 years 5 months ago #200300 by Paulina8
Replied by Paulina8 on topic award without face to face PIP assessment
yes you worked out my PIP mess! I wasn't reassessed in 2016 - just assessed 1st time independently!
I was misinformed that a 2nd claim would not interfere with 1st claim. Clearly it has.
I have a mess with ESA too: been on basic esa since 9/12/16. Assessed 14/8/17.....no grouping decision yet. Is this normal timescales? Everything DWP has touched has failed me miserably. I go onto an even lower rate in December 2017 as the DWP told me they have paid me 365 conts based days. I dont know what I will live on.
I was misinformed that a 2nd claim would not interfere with 1st claim. Clearly it has.
I have a mess with ESA too: been on basic esa since 9/12/16. Assessed 14/8/17.....no grouping decision yet. Is this normal timescales? Everything DWP has touched has failed me miserably. I go onto an even lower rate in December 2017 as the DWP told me they have paid me 365 conts based days. I dont know what I will live on.
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- Gordon
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6 years 5 months ago #200311 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic award without face to face PIP assessment
Paulina
I would check with the DWP as I would have expected you to have had a Decision on your ESA claim by now, if you were assessed mid August.
If you are placed in the Support Group then you payments will continue past the 365 days.
If you are placed in the WRAG then you can be asked to be assessed for Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
In fact even if you are put in the SG it worth your checking this as it might increase your payments.
Gordon
I would check with the DWP as I would have expected you to have had a Decision on your ESA claim by now, if you were assessed mid August.
If you are placed in the Support Group then you payments will continue past the 365 days.
If you are placed in the WRAG then you can be asked to be assessed for Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
In fact even if you are put in the SG it worth your checking this as it might increase your payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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