- Posts: 13
× Members
Whether to challenge length of PIP award?
- Lymie
- Topic Author
- Offline
Less More
9 months 3 weeks ago #287043 by Lymie
Whether to challenge length of PIP award? was created by Lymie
No PIP 2016 - stopped after Mandatory Reconsideration
No PIP 2019 - denied at Tribunal level
Reapplied same day decision received, awarded Enhanced Care, Standard Mobility. Same at MR. Paper Tribunal awarded Enhanced both for 3 years.
Review form completed last year, just received decision. Enhanced both for another 3 years.
Recently dx'd AUDHD in mid 50s. How that affects me is unlikely to change.
Chronic Lyme Disease since 1992. Unknown I had this for 17 years then self treated since, but energy restrictions remain. Unlikely to improve.
I've only had my Motability car just over a year and was terrified of receiving only Standard Mobility and having to give car back whilst I appealed. It's changed my life.
Is it worth a challenge on award length considering I'll be in same position re car at next review?
Also. I'd still like to challenge no award from 2016 onwards on the basis I was not believed by DWP or Tribunal. I've heard of an "Any time review." Any knowledge of this? Any precedent in law?
Thank you.
No PIP 2019 - denied at Tribunal level
Reapplied same day decision received, awarded Enhanced Care, Standard Mobility. Same at MR. Paper Tribunal awarded Enhanced both for 3 years.
Review form completed last year, just received decision. Enhanced both for another 3 years.
Recently dx'd AUDHD in mid 50s. How that affects me is unlikely to change.
Chronic Lyme Disease since 1992. Unknown I had this for 17 years then self treated since, but energy restrictions remain. Unlikely to improve.
I've only had my Motability car just over a year and was terrified of receiving only Standard Mobility and having to give car back whilst I appealed. It's changed my life.
Is it worth a challenge on award length considering I'll be in same position re car at next review?
Also. I'd still like to challenge no award from 2016 onwards on the basis I was not believed by DWP or Tribunal. I've heard of an "Any time review." Any knowledge of this? Any precedent in law?
Thank you.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8347
9 months 3 weeks ago #287050 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Whether to challenge length of PIP award?
Hi Lymie
You cannot challenge your 2016 award. Claimants have to challenge within one month of the date on the decision letter or put in for a late Mandatory Reconsideration within 12 months of the date ob the decision letter.
"Any time review" is not what you think it may be. It means that whatever the length of a claim that a claimant has been awarded, the DWP has the right to review it at any time, even if they have an ongoing (10-year award).
You can contact the DWP and tell them you are happy with your award, but you would like them to look at the length of your award, explaining that your condition is unlikely to improve. Be aware - there is a risk to this. They could ignore your instruction that you are happy with your award, and they could look at your entire claim again. You cannot guarantee that they will make the same decision again - especially as you have had to fight so hard. I have only known a handful of people successfully get their award length extended. PIP award lengths have been deliberately shortened.
The decision on whether you want to challenge the award length is up to you. People who have been successful obviously think it was the right thing to do.
BIS
You cannot challenge your 2016 award. Claimants have to challenge within one month of the date on the decision letter or put in for a late Mandatory Reconsideration within 12 months of the date ob the decision letter.
"Any time review" is not what you think it may be. It means that whatever the length of a claim that a claimant has been awarded, the DWP has the right to review it at any time, even if they have an ongoing (10-year award).
You can contact the DWP and tell them you are happy with your award, but you would like them to look at the length of your award, explaining that your condition is unlikely to improve. Be aware - there is a risk to this. They could ignore your instruction that you are happy with your award, and they could look at your entire claim again. You cannot guarantee that they will make the same decision again - especially as you have had to fight so hard. I have only known a handful of people successfully get their award length extended. PIP award lengths have been deliberately shortened.
The decision on whether you want to challenge the award length is up to you. People who have been successful obviously think it was the right thing to do.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lymie
Please Log in or Create an account to join the conversation.
- Lymie
- Topic Author
- Offline
Less More
- Posts: 13
9 months 3 weeks ago #287189 by Lymie
Replied by Lymie on topic Whether to challenge length of PIP award?
Thank you, just what I thought really. It's just such an expense of mental and physical energy to go through every 3 years.
Regarding the previous claims. If I were to ask the DWP to review under ththe two High Court cases for points claimants weren't previously awarded but should have been (Sorry, forget the cases, one is for mental health mobility) AND chuck the extra of "considering I now know I have a lifelong condition: said same things in all claims in different ways: should have received points elsewhere", do you think it's worth a shot?
I'm assuming they haven't bothered to review my claims under the court cases as on one I received zero points and the other barely any points, so even a positive outcome wouldn't give me a retrospective award.
Regarding the previous claims. If I were to ask the DWP to review under ththe two High Court cases for points claimants weren't previously awarded but should have been (Sorry, forget the cases, one is for mental health mobility) AND chuck the extra of "considering I now know I have a lifelong condition: said same things in all claims in different ways: should have received points elsewhere", do you think it's worth a shot?
I'm assuming they haven't bothered to review my claims under the court cases as on one I received zero points and the other barely any points, so even a positive outcome wouldn't give me a retrospective award.
Please Log in or Create an account to join the conversation.
- Lymie
- Topic Author
- Offline
Less More
- Posts: 13
9 months 3 weeks ago #287190 by Lymie
Replied by Lymie on topic Whether to challenge length of PIP award?
Sorry, just to add.
I think the DWP would struggle to downgrade my current award if I challenge length. That's because I ticked "No change" and added detail where the way I live and manage my health is different, most in the mobility aspects e.g. no longer using walking sticks for pain but still limited energy and walk slower than my previous healthy average.
I think the DWP would struggle to downgrade my current award if I challenge length. That's because I ticked "No change" and added detail where the way I live and manage my health is different, most in the mobility aspects e.g. no longer using walking sticks for pain but still limited energy and walk slower than my previous healthy average.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David