PIP APPEAL: Hi, can anyone help me as I... - Fibromyalgia Acti...

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PIP APPEAL

Pablo199
Pablo199

Hi, can anyone help me as I’m going out of my mind. Long story short, I am awaiting a date for my pip tribunal, and received a phone call from DWP offering me care but no mobility. I declined and they said that it will go ahead to tribunal as before. Now I’ve received the “we have all the information we need about your pip claim to make a decision, we will write to you and you don’t have to contact us” letter I’m so confused as I received that letter MONTHS ago before MR and subsequent appeal bundle. Why have I received this? PLEASE HELP?!

30 Replies
oldestnewest

Thay are reviewing back to when DLA changed to PIP if you where one of the ones that transferred from DLA to PIP it could be something to do with this

Pablo199
Pablo199
in reply to Rose54

Thank you so so much for your response! I went from DLA to pip, was awarded zero but won both components at tribunal in sept 2016. I had the “checking if your award is correct” in February and went back down to zero. So am once again awaiting tribunal date. I just wondered why they had sent me the standard letter so far into appeal.

Hi Pablo it is as rose said .they do offer these kind of deals it could go in your favour at appeal .some people take the deal if they got offered both elements. Your mobility there is a rule change since DLA. It is upto 20 metres high rate and upto 50 metres standard rate or and mental health points combined if applies. If you enjoy do these distance to to appeal if you can take the deal .good luck at appeal

Pablo199
Pablo199
in reply to Ajay575

I’m not too sure how to use this site just yet. But thank you so much for your reply. I’ve answered to rose and hope it makes sense?

Ajay575
Ajay575
in reply to Pablo199

Yeh it does make more sense.no wonder they offered you care disgrace.theses review forms where meant to stop f2f not take away they will have to explain at appeal you should be fine .you been there before let them know your not happy disgrace .hope it goes ok for you

Pablo199
Pablo199
in reply to Ajay575

Thank you so much! I wish I had found this site before. It’s so comforting. Thank you again xx

That is a bog standard letter they send out to ALL those who apply for PIP SO please do not worry Put in in the file it belongs in 13 (ie the bin)

Pablo199
Pablo199
in reply to Heliboy911

Haha! Thank you. I received 1 right at the beginning and was wondering why they had sent another 1 so late into appeal.

Hidden
Hidden

Hello Pablo,

You can stop worrying. You don't have to do anything.

As you say, the DWP made you an offer. You declined the offer. Consequently, things now proceed to the Tribunal hearing. (In fact, that phone call is good news 👍. The DWP gets notified when you request a Tribunal hearing. They reviewed your case and, obviously, realised the Tribunal would award you at least the Care part of PIP. They got nervous and tried to negotiate. It shows your case is strong.)

Anyway, it's because the DWP wanted to have a go at negotiating that you're still waiting on a Tribunal date. Now you've rejected the offer, their computer will have notified the Tribunal Service to issue a hearing date, and that will also have triggered printing of that letter you received.

The reason you got that letter is that the DWP computer is set up to generate all sorts of meaningless letters. In fact, you'll probably get a few more meaningless letters over the coming week 🙄. It really is stupid, but every time a Decision Maker enters anything into the computer (such as that offer you declined) you get two or three computer-generated letters that are complete nonsense 🤗.

The only clever thing about the DWP computer (which has a really wicked 😈sense of humour) is how it manages to get those nonsense letters delivered on a Saturday morning 📬, so you'll have all weekend to worry 😰 before joining the stampede to phone the PIP enquiries line ☎️ first thing on Monday morning.

Pablo, let me tell you, I once got 11 --- that's right, ELEVEN --- of these nonsense letters on the same day! Yes, it was a Saturday morning 😁.

Anyway, all that letter means is that the DWP have got all the information they need (your rejection) and so they'll now make a decision (go to Tribunal), but the decision maker was too lazy to write a meaningful letter, and the computer isn't clever enough to say, "we tried to cut a deal with you, but you were too clever, and you rejected our sneaky offer". Instead, you got ANOTHER COPY of that STANDARD "We have all the information we need ..." letter that you got a few months ago. Ignore it. Ignore any similar letters. They're in the post already 😉.

Hope this helps.

Now go enjoy your weekend,

John

Pablo199
Pablo199
in reply to Hidden

Hi John. Thank you so much for taking the time to reply to me. It all makes perfect sense now. Well, as much as the DWP can make sense! I will patiently await my appeal date and ignore any upcoming letters from DWP. Thank you so much for raising my spirits and I Hope you have a lovely weekend x

VintageMustard
VintageMustard
in reply to Hidden

Such a concise and helpful reply! Did you work in this area at some point? I’m still on DLA, was awarded it for an indefinite period, and am wondering when I will be switched over to/forced to apply for PIP. I called the DWP and they weren’t able to help.

Hidden
Hidden
in reply to VintageMustard

Hi Mustard,

No, but I do have quite a bit of experience in dealing with the DWP and, in my career, I did a lot of legal research and write a lot of legal documents. It's about knowing how to real legislation, along with court rulings (case law), and knowing where to look.

I've also got a lot of spies inside the DWP, so can find things out 😉.

It's not just what you know, it's who you know 😎.

John

Hidden
Hidden
in reply to Hidden

Mustard, Regarding when you'll be switched from DLA to PIP, I'd guess not any time soon.

Due to a court ruling, the DWP are having to review all those they've already switched from DLA to PIP, as they messed up big time.

They're also up to their necks in trying to implement Universal Credit (UC), so my guess is they'll not be in any rush. As they say, "when you're in a hole, stop digging"; but this is the DWP, who aren't known for intelligence 🙄.

John

VintageMustard
VintageMustard
in reply to Hidden

Thanks for your reply. Does PIP or DLA continue after retirement age?

Hidden
Hidden
in reply to VintageMustard

Yes, providing you akready have a live claim, but you can't submit a new claim. Government website says:

You cannot make a *new* claim for Disability Living Allowance (DLA) or Personal Independence Payment (PIP) once you have reached State Pension age.

[But] If you were *already claiming* DLA or PIP, you can renew the claim even though you are over State Pension age, as long as you are claiming for the same health conditions and your last claim ended less than one year ago. (DLA claimants who were born before 8 April 1948 will not be transferred to PIP. Other claimants will be transferred to PIP).

John

VintageMustard
VintageMustard
in reply to Hidden

Thanks for your reply. I’ve never had to renew my claim. They did turn me down at first, so I appealed and was successful. I have bee in receipt of DLA since beginning of 2013, so almost six years.

Hidden
Hidden
in reply to VintageMustard

Sounds hopeful then 😋.

John

Pablo199
Pablo199
in reply to Hidden

Hi John, I was wondering if I could ask you a question? I’ve received a letter from Tribunal stating they have decided my case on my evidence as they thought an oral tribunal would be a waste of resources. They have awarded me care until 2023, and mobility to 2020. I’ve never heard of 2 different times for award. My question is, does this mean I’m going to be reassessed in 2019 for my whole award? As much as I’m so great full for the judge for awarding me without a hearing, I can’t relax knowing I have to go through it all again in a couple of months. I called the court and they wasn’t much help. Xx

Ajay575
Ajay575
in reply to Pablo199

Hi Pablo glad you got a result but not sure about the mobility .I personally would take the backdated money and get it out of the way.how could they not give you mobility until 2023 ? That would have done you too .I'm no sure about if you get reassed for whole award johntheguy may help you there.hope it works out ok

Pablo199
Pablo199
in reply to Ajay575

Thanks Ajay. I’m so happy and relieved don’t get me wrong, just confused as to wether I will be reassessed in 2019. It would mean feb!

Ajay575
Ajay575
in reply to Pablo199

Yeh same hear never seen that before and do not know about asssed for both strange .Feb too for mobility hopefully they do not give you f2f see if Hidden knows

Hidden
Hidden
in reply to Ajay575

Hi Ajay,

You ask "how could they not give you mobility until 2023 ?"

Quite simply, the two components can each be awarded for 1, 2, 3, 4, 5, or 10 years. In general less likely your condition is to improve, the longer you get.

Pablo's been awarded 5 years on his general needs, but only 2 on mobility. I've noticed the government is tightening the rules on mobility. Also, there's Pablo's age (199 is getting on a bit 😉), but the simple answer is that he'll have to contact the Tribunal Service and ask them.

John

Hidden
Hidden
in reply to Pablo199

Hi Pablo,

Great news on the Award 👍

Please be aware that I can only give an opinion based on what you wrote.

If the Tribunal awarded you "care until 2023, and mobility to 2020", then it means exactly what it says.

Why the Care part lasts longer than the Mobility? I've no idea. No doubt it has something to do with the PIP rules or your age. You can find out by phoning the Tribunal service and requesting a statement of reasons. You must do this within one month of receiving that letter. So phone now.

Does this mean you're going to be reassessed for the whole award in 2019? No. Not for the whole of PIP. It looks like you get the Care component for 5 years. But the Mobility will be reassessed after 2 years. Again, we're just guessing about why. Phone them and ask for that reasons letter.

As always, Pablo, it'll take an age for the reasons letter to arrive, but let's know when it does.

John

Pablo199
Pablo199
in reply to Hidden

Hi John. Once again, thank you so much for your reply. I had never heard of 2 different lengths of award before, so I called the tribunal service and the lady just kept saying “do you think it was a mistake”? So was wondering if it was a typo. (Wishful thinking) just cannot stand the whole f2f again in feb!

Hidden
Hidden
in reply to Pablo199

Hi Pablo,

So where did you leave it with the Tribunal service?

In other words, what have the Tribunal Service said they'll now do? Are they checking for an error or are they sending a statement of reasons? If they've not promised you what action they're taking, then phone them back and get them to give you a proper answer.

John

Pablo199
Pablo199
in reply to Hidden

Thanks again John. They told me to go to citizens advice to see what they suggest. She said she had no knowledge of the 2 different lengths so couldn’t advise, unless I wanted to ask judge to correct mistake. Not much help!

Hidden
Hidden
in reply to Pablo199

No.

Pablo, I think you are creating your own problems by attempting to discuss your questions with a telephone call centre. They don't know, so it's pointless asking them.

Pablo, phone the Tribunal Service (again) and tell them that you require a Statement of Reasons.

Don't discuss this with the telephonist, as s/he won't know the answer and s/he will probably lead you off into another pointless discussion. It is a waste of time asking "why" unless you're speaking with the person who made the decision(s). As you won't be put through to the Tribunal Service decision maker, simply ask them to send you a "Statement of Reasons".

Note: As you didn't get to a face-to-face Tribunal hearing, it's quite possible that two seperate people made the decisions for the Care and the Mobility components. That might be why they gave two dates. But, Pablo, we don't know. We won't know unless you obtain that Statement of Reasons.

You definitely DO NOT want them to review the decision(s)! So, be absolutely clear that you are phoning to request the Statement of Reasons and DON'T get drawn into any side discussions (and, yes, Pablo, I know you're the sort of person who wants to ask anyone and everyone, including the person you met at the bus stop or at the supermarket checkout. DON'T 🤐).

Tell them that your Benefits Advisor has instructed you to request a Statement of Reasons. Nothing else.

John

Hidden
Hidden
in reply to Hidden

Additional

Pablo, when you request that Statement of Reasons (SOR), tell them that you need the SOR because you are querying the two different end dates. That'll ensure the Judge's reply explains why they are not both 2023.

John

Thank you John. Again 😬 I will do so now

I know someone else where they have done it the wrong way round. Call n double check n they can put it back on track. X

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