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Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
- citizenschambers
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1 year 1 month ago #283959 by citizenschambers
Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL? was created by citizenschambers
I was diagnosed a paranoid schizophrenia many years ago. I also suffer from osteo arthritis, depression and other physiological and musculoskeletal conditions.
I received enhanced PIP for daily living and for mobility for many years.
My PIP award was reviewed and my daily living was reduced to standard rate whilst the mobility was completely taken away.
I appealed.
The appeal is in the process however I have received a letter stating that a decision has been made to reinstate my benefit to enhance daily living and enhanced mobility as before for a few more years and payment backdated.
Before, I had 4 points for Preparing Food, I received 2 points now.
Before I had 3 Points for Washing and Bathing, I received 2 points now.
Before I had 2 points for Managing a therapy that takes more than 14 hours and monitoring health condition, I received 1 point now.
The 2 points for taken away for Making a Budgeting Decision has been reinstated.
Please My Questions Are:
1. What are the implications of accepting this decision of enhanced daily living and enhanced mobility if my previous points as mentioned above were reduced but still has yet reached enhanced daily living and enhanced mobility?
2. Should I accept this offer or should I press ahead to appeal?
3. I have started work and work in a team of people but because of my Paranoid Schizophrenia and other illnesses, I believe that other people are talking about me. I suffer greatly, worry, panic, heart beating fast, breaking out in sweats before I meet and work a team (different team every day). I received 2 points for engaging with other people face to face. Because I work in a team, does this mean that I can cope with this activity despite daily my fears, worries, anxiety, panics etc. before I meet each team daily.
4. When the HP says there is no current specialist impute for mental health because of being discharged, how does one counter that argument because my GP is looking after my psychiatric medications.
5. I had 12 points for planning and following a journey but this has now been 10 points which becomes enhanced when Moving around points were added; I cannot really go to familiar places without someone accompanying me but I was granted points for not able to go to unfamiliar places without someone accompanying me.
-Should I challenge this decision of enhance, enhance made in my favour and drop the appeal?
-Do I let the sleeping dog sleep or continue with the appeal?
-Or do I accept it but put it on record with the department that I accept their change of mind but put it on record with them that I feel I have been deprived of some points in the relevant sections?
I received enhanced PIP for daily living and for mobility for many years.
My PIP award was reviewed and my daily living was reduced to standard rate whilst the mobility was completely taken away.
I appealed.
The appeal is in the process however I have received a letter stating that a decision has been made to reinstate my benefit to enhance daily living and enhanced mobility as before for a few more years and payment backdated.
Before, I had 4 points for Preparing Food, I received 2 points now.
Before I had 3 Points for Washing and Bathing, I received 2 points now.
Before I had 2 points for Managing a therapy that takes more than 14 hours and monitoring health condition, I received 1 point now.
The 2 points for taken away for Making a Budgeting Decision has been reinstated.
Please My Questions Are:
1. What are the implications of accepting this decision of enhanced daily living and enhanced mobility if my previous points as mentioned above were reduced but still has yet reached enhanced daily living and enhanced mobility?
2. Should I accept this offer or should I press ahead to appeal?
3. I have started work and work in a team of people but because of my Paranoid Schizophrenia and other illnesses, I believe that other people are talking about me. I suffer greatly, worry, panic, heart beating fast, breaking out in sweats before I meet and work a team (different team every day). I received 2 points for engaging with other people face to face. Because I work in a team, does this mean that I can cope with this activity despite daily my fears, worries, anxiety, panics etc. before I meet each team daily.
4. When the HP says there is no current specialist impute for mental health because of being discharged, how does one counter that argument because my GP is looking after my psychiatric medications.
5. I had 12 points for planning and following a journey but this has now been 10 points which becomes enhanced when Moving around points were added; I cannot really go to familiar places without someone accompanying me but I was granted points for not able to go to unfamiliar places without someone accompanying me.
-Should I challenge this decision of enhance, enhance made in my favour and drop the appeal?
-Do I let the sleeping dog sleep or continue with the appeal?
-Or do I accept it but put it on record with the department that I accept their change of mind but put it on record with them that I feel I have been deprived of some points in the relevant sections?
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- LL26
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1 year 1 month ago #283962 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
Hi citizenschambers,
It is always very annoying when you don't score all the points for all your heath conditions!
However, the bottom line here is that DWP are offering you the maximum award of benefit, which will be backdated - presumably to the date when your award was reviewed and your previous award was reduced. There is nothing more than you can gain from the tribunal.
There is no guarantee that the tribunal will make the same award so you could lose out. Depending where you live it could take several months for an appeal to be finalised, so although you will get the relevant backdated payment, it could take quite a long way for this to actually be paid ...if you succeed at tribunal!
My advice is to take the DWP offer, you can not possibly achieve more, and may achieve less, plus with all the hassle of having to have a tribunal hearing.
I'm not sure whether you are at the Mandatory Reconsideration stage or you have done that, and now wish to appeal? If you have done the MR -then this appears to have worked as DWP have revised the decision.
If you have completed the appeal application, and have done MR, then in accordance with the law, DWP must review all the appeal application, and again can revise their decision to avoid unnecessary appeals (ie to resolve these cases promptly where possible and thus to avoid costly hearings)
I am a little surprised that DWP has made 'an offer' - normally in these circumstances DWP would write and say that they have revised their decision, and hence the appeal has lapsed, but you have a right to go to appeal if you wish. However, it is likely that a standard letter is sent confirming the right to go to the tribunal, but if Enhanced Rate of both components is being paid there is nothing to appeal, and it is unlikely that the tribunal would consider the appeal, unless there was another issue such as the length of the award.
About the 'missing points' - once DWP has already awarded sufficient points to achieve Enhanced Rate they are not obliged to consider any more descriptors - sometimes they do, but they don't have. This could be one of the reasons why it appears that you have less points than you should.
Unfortunately there seem to be far too many Assessment Reports that play down or ignore obvious disabilities. It happens all the time, with many claimants, so please do not worry that it is personal. -It might seem that way but it isn't! Moreover, the Decision Maker clearly hasn't paid too much attention to the Report, otherwise he would not have awarded the highest level of benefit.
I appreciate that you are worried about your next review, even though it may be in several years. At the moment you have plenty enough points to sustain both components at Enhanced Rate, so even if other descriptor points are not awarded this will not affect your benefit. My concern is that if you write to DWP complaining about certain descriptors being incorrectly scored, you might confuse DWP, which could lead to them revising their decision again - you could lose some benefit, or (probably most likely) they will do nothing. They will probably have lost any letter by the time the next review comes in any event!
However, presumably you have a copy of the claim/review form which will show which descriptors you thought applied, and if there is a subsequent problem, you can refer to the historic paperwork to show eg ongoing disability. But that is for the next review.
Accept the 'offer', get the money, and then worry about the next review when need be. Let the sleeping dog lie, and don't poke the beast.
I hope this helps.
LL26
It is always very annoying when you don't score all the points for all your heath conditions!
However, the bottom line here is that DWP are offering you the maximum award of benefit, which will be backdated - presumably to the date when your award was reviewed and your previous award was reduced. There is nothing more than you can gain from the tribunal.
There is no guarantee that the tribunal will make the same award so you could lose out. Depending where you live it could take several months for an appeal to be finalised, so although you will get the relevant backdated payment, it could take quite a long way for this to actually be paid ...if you succeed at tribunal!
My advice is to take the DWP offer, you can not possibly achieve more, and may achieve less, plus with all the hassle of having to have a tribunal hearing.
I'm not sure whether you are at the Mandatory Reconsideration stage or you have done that, and now wish to appeal? If you have done the MR -then this appears to have worked as DWP have revised the decision.
If you have completed the appeal application, and have done MR, then in accordance with the law, DWP must review all the appeal application, and again can revise their decision to avoid unnecessary appeals (ie to resolve these cases promptly where possible and thus to avoid costly hearings)
I am a little surprised that DWP has made 'an offer' - normally in these circumstances DWP would write and say that they have revised their decision, and hence the appeal has lapsed, but you have a right to go to appeal if you wish. However, it is likely that a standard letter is sent confirming the right to go to the tribunal, but if Enhanced Rate of both components is being paid there is nothing to appeal, and it is unlikely that the tribunal would consider the appeal, unless there was another issue such as the length of the award.
About the 'missing points' - once DWP has already awarded sufficient points to achieve Enhanced Rate they are not obliged to consider any more descriptors - sometimes they do, but they don't have. This could be one of the reasons why it appears that you have less points than you should.
Unfortunately there seem to be far too many Assessment Reports that play down or ignore obvious disabilities. It happens all the time, with many claimants, so please do not worry that it is personal. -It might seem that way but it isn't! Moreover, the Decision Maker clearly hasn't paid too much attention to the Report, otherwise he would not have awarded the highest level of benefit.
I appreciate that you are worried about your next review, even though it may be in several years. At the moment you have plenty enough points to sustain both components at Enhanced Rate, so even if other descriptor points are not awarded this will not affect your benefit. My concern is that if you write to DWP complaining about certain descriptors being incorrectly scored, you might confuse DWP, which could lead to them revising their decision again - you could lose some benefit, or (probably most likely) they will do nothing. They will probably have lost any letter by the time the next review comes in any event!
However, presumably you have a copy of the claim/review form which will show which descriptors you thought applied, and if there is a subsequent problem, you can refer to the historic paperwork to show eg ongoing disability. But that is for the next review.
Accept the 'offer', get the money, and then worry about the next review when need be. Let the sleeping dog lie, and don't poke the beast.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: citizenschambers, anees292
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1 year 1 month ago #283973 by citizenschambers
Replied by citizenschambers on topic Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
Thank you very much for the advise.
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1 month 3 weeks ago #294915 by citizenschambers
Replied by citizenschambers on topic Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
Dear LL26
Thank you very much.
I just realized I did not thank you 11 months and 3 weeks ago; am sorry.
I must have worked up myself so much and I was overwhelmed and distressed.
Thank you once again for your detailed response. I took your advice.
Thank you very much.
I just realized I did not thank you 11 months and 3 weeks ago; am sorry.
I must have worked up myself so much and I was overwhelmed and distressed.
Thank you once again for your detailed response. I took your advice.
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1 month 3 weeks ago #294919 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
Hi citizenschambers
LL26 will not take it personally due to the volume of traffic we get on the forum.
We are pleased that you took LL26's detailed advice and hope that you are now less stressed and overwhelmed.
Gary
LL26 will not take it personally due to the volume of traffic we get on the forum.
We are pleased that you took LL26's detailed advice and hope that you are now less stressed and overwhelmed.
Gary
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1 month 3 weeks ago #294938 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Re SHOULD I ACCEPT THIS CHANGE OF DECISION AND DROP MY PIP APPEAL?
Hi citizenschambers,
Aha...Absolutely no problem! As Gary said I'm not offended at all. (But thank you for the belated thank you!🙂)
Many of our queries come from anxious and stressed claimants who are overwhelmed by the demands of the benefits system. The really important thing here is that you found the advice helpful, and having knowledge to move forward and be less anxious
Stay safe and try not to worry too much.
LL26
PS you know where we are if you do get worried again.
Aha...Absolutely no problem! As Gary said I'm not offended at all. (But thank you for the belated thank you!🙂)
Many of our queries come from anxious and stressed claimants who are overwhelmed by the demands of the benefits system. The really important thing here is that you found the advice helpful, and having knowledge to move forward and be less anxious
Stay safe and try not to worry too much.
LL26
PS you know where we are if you do get worried again.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
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