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Esther McVey, secretary of state for work and pensions, admitted yesterday that up to 220,000 claimants could have been affected by the DWP’s attempt to discriminate against people with mental health conditions claiming personal independence payment (PIP). The DWP are taking on hundreds of extra staff to try to identify and contact affected claimants.

New staff
Last week we highlighted the DWP’s shock decision not to challenge the court decisions in RF and MH.

These were cases in which the DWP tried to defend its attempts to make it much more difficult for claimants with mental health conditions to claim the mobility component of PIP.

At the time it was believed that around 160,000 claimants could have been affected by the DWP’s attempts to change the law.

However, in answering an urgent question in the Commons yesterday, McVey revealed that the DWP now believe that the number of claimants affected could be as high as 220,000.

McVey told MPs:

“Up to 220,000 people could be affected. That is why we are taking the process very seriously. We as a Department will reach out to those people, once we know exactly what we are doing.”

According to McVey each affected claimant should get a letter from the DWP and receive backdated PIP:

“The Department for Work and Pensions will undertake an exercise to go through all affected cases in receipt of PIP and all decisions made following the judgment in the MH case to identify anyone who might be entitled to more as a result of the judgment. We will then write to the individuals affected and all payments will be backdated to the effective date in each individual’s claim.”

The task is a huge one and the DWP are “actively recruiting hundreds of staff for this at the moment”.

Public cash v crowdfunding
McVey also revealed that the DWP had spent £181,000 of public money on fighting claimants in these cases. She added that:

“ . . . a Department as big as the DWP expects the costs of court cases to be that high, and they are comparable with those of other Departments engaged in similar judicial review cases.”

Claimants, on the other hand, had just £8,000 in crowdfunding – much of that donated by Benefits and Work readers – to fight their corner.

We’ll continue to publish updates on this issue as it becomes clearer exactly how the DWP now intend to interpret the law and what guidance they issue to decision makers, health professionals and to staff tasked with identifying claimants who have lost out.

We have now updated our PIP claims guide in the members’ area to take account of the DWP’s decision not to appeal.

Youi can read the emergency question and answers here.


#7 Daniel Merritt 2019-03-21 23:14
I lost my pip January 2019 MH and RJ overturned.a really still don't understand it.
+1 #6 ThisGovernmentsGoneToFar 2018-01-31 10:42
Battle ESA 2017 good news...There will be no—I repeat, no—face-to-face reassessments of awards.http://blacktrianglecampaign.org/2018/01/30/pip-back-payment-debate-today/
Thank you for the information above I've just read it in full and Sarah Newton has stated a few times in her statement regarding the above here is a section from that statement.

By Sarah Newton DWP
(This exercise will include screening the existing PIP caseload of some 1.6 million people to identify the group who may benefit, but the vast majority of claimants will not be affected. As the Secretary of State said last week, we currently estimate that up to 220,000 people will be affected by the judgment. For the group of people who may be affected, we will undertake a detailed review of their applications and awards. We will write to the individuals affected, and all payments will be back-dated to the effective date in each individual claim. There will be no—I repeat, no—face-to-face reassessments of awards. DWP case managers will be conducting a review of the existing information we hold, with a view to establishing whether claimants are entitled to more.)

I just hope justice prevails to one and all that have lost out because of this process.
#5 diane varley 2018-01-31 10:18
i always knew this would happen my husband had motobiliy part of pip for 12 years after a traumatic accident at work . he got standard rate pip didnt take mental health issues into consideration im not taking it for granted that his decision will be changed but for those whos will the expense of buying a car, tax and insurance which is high because of having no claims bonus will these people be compensated and also the people that couldnt afford transport .what about the poor people that have taken the own lives bless them and thier family . we didnt appeal after the reconsideration as we were told by dwp he may lose what he had been given and you give up as it made my husband so ill . gladly esther macvey will not have a easy ride she was one of the people who implemented pip
+1 #4 luluspice 2018-01-30 22:07
Battle ESA 2017 good news...There will be no—I repeat, no—face-to-face reassessments of awards.http://b lacktrianglecam paign.org/2018/ 01/30/pip-back- payment-debate- today/
+1 #3 ThisGovernmentsGoneToFar 2018-01-30 14:59
what about folk with mental health issues who were not awarded ANY points and got NOTHING? I am about to start hubby's appeal as MR was knocked back.
They are going to be looking through all cases of PIP that are live, and ones that where turned down under this farce surrounding those dates when this ruling changed.
#2 ThisGovernmentsGoneToFar 2018-01-30 14:57
While this is a good move to find out who should have got the right decision in the first place, and they say No one will have to have another assessment as I'm already on Enhanced for both for an ongoing period I'm now worried if we will now get re assed?

I know I should have got the extra points instead of 4 for that descriptor but I got 12 on the other Mobility desripror So I don't want any more hassle I cannot face going through to this crap again like many are afraid too? I see their going to look through all the PIP claims again. So I hope they leave me alone because I've now had enough. And I feel for the ones that have had to go through the trauma of this depressing problem this Government has caused to many of us.
#1 luluspice 2018-01-29 21:12
what about folk with mental health issues who were not awarded ANY points and got NOTHING? I am about to start hubby's appeal as MR was knocked back.

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