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PIP Award - Review Period

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5 years 6 months ago #217510 by Porridge
Replied by Porridge on topic PIP Award - Review Period
Dear Gordon (and Neil), IF Neil were to appeal, could the lower tribunal over-ride this length of award, and instead award an ongoing award? (Assuming Neil were to appear in person, not appeal on paper and therefore that increase the chance that a much more qualified medical member were to be a member of the appeal team, say, an actual doctor that understood Neil’s condition, rather than the quite probably totally ignorant so called “medically qualified” individual that made this ludicrous and quite frankly cruel recommendation about the length of award at his PIP assessment)?

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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5 years 6 months ago #217519 by Gordon
Replied by Gordon on topic PIP Award - Review Period

Porridge wrote: Dear Gordon (and Neil), IF Neil were to appeal, could the lower tribunal over-ride this length of award, and instead award an ongoing award? (Assuming Neil were to appear in person, not appeal on paper and therefore that increase the chance that a much more qualified medical member were to be a member of the appeal team, say, an actual doctor that understood Neil’s condition, rather than the quite probably totally ignorant so called “medically qualified” individual that made this ludicrous and quite frankly cruel recommendation about the length of award at his PIP assessment)?


The award length is part of the Decision and therefore can be revised by an appeal panel.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 6 months ago #217574 by PC Pilot
Replied by PC Pilot on topic PIP Award - Review Period
Hi Porridge and Gordon,

Thank you Porridge for your kind words recognising how inappropriate this review period is in respect of the detailed evidence compiled (thank you again for the excellent guide) and even the assessors own words.

As Gordon has observed elsewhere on the forum it is unlikely that a MR would achieve anything and therefore (as Porridge suggested) appeal to Tribunal is likely the only realistic redress capable of having this limited review period overturned.

That then calls into question my own (greatly reduced - by PIP) resilience to pursue this aspect of the claim having already been awarded both Enhanced Daily Living and Enhanced Mobility. I very much recognise that this has not been the experience for many on these forums who have not been so fortunate.

Whilst clearly this is a relief to me personally, pursuing this 'Review Period' could easily be regarded by others as a frivolous step given the already considerable pressure for Tribunals to deliberate on these vitally important cases where the withdrawal (or reduction) of funding has brought dire consequences upon those concerned.

Being realistic, I should probably be grateful for the positive aspects of my award and not to put that at risk with a review which at best would achieve 'on-going' status but is still (as Gordon has again pointed out elsewhere) subject to reassessment at some point anyway. I appreciate that giving in like this is what they want but I do really have to consider getting my health back on track vs such a limited gain...I will just have to keep the worry about the review to come in 2021 in check as best I can.:(

In the meantime I hope that continued pressure on the government will result in the DWP being DIRECTED to apply (perhaps even retrospectively) 'ongoing awards' to claimants with recognised degenerative conditions already in receipt of Enhanced awards for both Daily Living and Mobility as the Minister stated in the house this June. I have already written to my MP to this effect and will update here when (if?) I hear anything positive.
The following user(s) said Thank You: Gordon, Waylay

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5 years 6 months ago #217603 by frmarcus
Replied by frmarcus on topic PIP Award - Review Period
I was diagnosed with generalised anxiety disorder in the military and medically discharged because of it in 2007. The Ministry of Defence has a raft of psychiatric records and has reviewed me every two or three years, finding no remission. Although I got a low award of PIP this year it was for the shortest review period - which made no sense 'cos medical literature clearly shows that this condition, if present for five or more years, is chronic and very unlikely to remit; DWP's own in-house medical literature confirms this, and I've submitted MoD literature confirming this.

With a psychiatric diagnosis of the condition in 2005, 13 yrs' med evidence and comprehensive treatment since, what more does DWP want to confirm that this is a long-term, chronic condition that is most unlikely to have improved in two-plus yrs' time? The f2f assessor was pleasant but appeared to be largely ignorant of mental disorder, so I'm unsurprised that she effectively made an unreasonable prognosis (nor had my military med records been requested, despite my advising that they should).

What I find silly is that DMs have their own guidance as to longevity/chronicity of conditions, provided by medical authority, which they appear to ignore in favour of assessors much less qualified to make prognostic judgements.

I've requested MR for a five-yr award, which seems a reasonable compromise between the longest, 10 yr, awards and shorter few-yr awards which seem to be the default.

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5 years 6 months ago #217611 by PC Pilot
Replied by PC Pilot on topic PIP Award - Review Period
Hi frmarcus,

Good luck with your MR hopefully sense will prevail and a more representative award review period be forthcoming. Above all, take care, I hope that the appeal process does not put you under too much strain and so impact on the issues which emerged whilst you were in military service to the nation.

Over the DM's I absolutely agree, I too cannot understand why the DM's lack any authority to go against assessors when clear incontrovertible medical evidence exists demonstrating the long standing nature of our conditions and the inevitable prognosis by experts. Yet, despite all of this the DM's appear always to choose to go with the 'expert opinion' of paramedics, nurses (including those with unsuited specialisations) and physiotherapists!! It is so frustrating :silly:
The following user(s) said Thank You: Waylay

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5 years 6 months ago #217630 by ThisGovernmentsGoneToFar
Replied by ThisGovernmentsGoneToFar on topic PIP Award - Review Period
Hiya Neil, as Sarah Newton reckons and has said they have update how PIP to be for claimants where improvement is not going to get better.

Her words below.

Additionally, in August 2018, we introduced updated guidance for Case Managers which will ensure that those who receive the highest level of support under PIP, and where their needs are unlikely to change or may get worse, will now receive an ongoing award with a light touch review at the ten year point.

See the wording in her reply to this Question. www.parliament.uk/business/publications/...s/2018-09-05/170851/

I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.

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