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THANK YOU - but will DWP follow the Tribunal?
- Bev
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8 years 4 months ago #162757 by Bev
THANK YOU - but will DWP follow the Tribunal? was created by Bev
First of all, a very big THANK YOU for the support on the forum and the excellent guides.
My sister was only awarded 5 points at her initial assessment for PIP, increased to 7 points for daily living (i.e. still nothing) and 10 points for mobility (i.e. basic rate) on mandatory reconsideration, but was awarded ENHANCED RATE for both sections at our recent Tribunal and with the comment that "it would be inappropriate to set a term" on both parts of PIP.
For anyone facing a Tribunal, our board were very well-prepared, had clearly read our submissions and at the hearing were very gentle with us, giving my sister time to answer the questions (she has a brain injury so can be slow in processing information). Although the paperwork looks and feels intimidating, please be encouraged that you can do it.
As my sister's abilities vary day to day, we found the PIP Diary as suggested in you guide very helpful - we did one immediately after the initial assessment and the Tribunal commented that this was very helpful in showing them what the picture was at that time.
My current query is that, the day before the Tribunal, we received a letter to say that my sister was to be re-assessed for PIP as we were now 18 months from her initial assessment (yes, the whole process did take that long). After the Tribunal, I phoned DWP to say what the Tribunal decision was, but was simply told that the case would need to be reviewed as the DWP had 28 days to appeal. We have now had the letter through setting the assessment date for next week. It doesn't appear that the DWP have appealed - do they have to follow the Tribunal decision (particularly on not setting a term)? Is this just a case of the paperwork not catching up with where we are? I don't really want to put my sister through the whole assessment thing again if we don't need to - last time it fatigued her so much that she was ill for days afterwards.
Bev
My sister was only awarded 5 points at her initial assessment for PIP, increased to 7 points for daily living (i.e. still nothing) and 10 points for mobility (i.e. basic rate) on mandatory reconsideration, but was awarded ENHANCED RATE for both sections at our recent Tribunal and with the comment that "it would be inappropriate to set a term" on both parts of PIP.
For anyone facing a Tribunal, our board were very well-prepared, had clearly read our submissions and at the hearing were very gentle with us, giving my sister time to answer the questions (she has a brain injury so can be slow in processing information). Although the paperwork looks and feels intimidating, please be encouraged that you can do it.
As my sister's abilities vary day to day, we found the PIP Diary as suggested in you guide very helpful - we did one immediately after the initial assessment and the Tribunal commented that this was very helpful in showing them what the picture was at that time.
My current query is that, the day before the Tribunal, we received a letter to say that my sister was to be re-assessed for PIP as we were now 18 months from her initial assessment (yes, the whole process did take that long). After the Tribunal, I phoned DWP to say what the Tribunal decision was, but was simply told that the case would need to be reviewed as the DWP had 28 days to appeal. We have now had the letter through setting the assessment date for next week. It doesn't appear that the DWP have appealed - do they have to follow the Tribunal decision (particularly on not setting a term)? Is this just a case of the paperwork not catching up with where we are? I don't really want to put my sister through the whole assessment thing again if we don't need to - last time it fatigued her so much that she was ill for days afterwards.
Bev
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- Gordon
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8 years 4 months ago #162767 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic THANK YOU - but will DWP follow the Tribunal?
Bev
I am sorry but this is unlikely to be good news.
The PIP legislation specifically allows the DWP to reassess a claimant at any time and for any reason, even if they do take the Tribunal recommendation for what appears to be a On Going award into account I think it unlikely that it will happen before the new PIP2 is required to be returned by, therefore you must complete and return any new PIP2 or you risk the claim being closed.
The PIP2 must be completed in detail and you should submit all evidence that you have available, even if it has been submitted before. You can use the Tribunal result as evidence, but it refers to the time of the original Decision so you will still need to show that it is relevant to your sister's condition as it is now.
I would contact your sister's MP, it may be possible to get the assessment withdrawn, if this happens then make sure you get it writing if at all possible.
Contacting your MP
Gordon
I am sorry but this is unlikely to be good news.
The PIP legislation specifically allows the DWP to reassess a claimant at any time and for any reason, even if they do take the Tribunal recommendation for what appears to be a On Going award into account I think it unlikely that it will happen before the new PIP2 is required to be returned by, therefore you must complete and return any new PIP2 or you risk the claim being closed.
The PIP2 must be completed in detail and you should submit all evidence that you have available, even if it has been submitted before. You can use the Tribunal result as evidence, but it refers to the time of the original Decision so you will still need to show that it is relevant to your sister's condition as it is now.
I would contact your sister's MP, it may be possible to get the assessment withdrawn, if this happens then make sure you get it writing if at all possible.
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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