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PIP - can DWP do this?......is it lawful?
- Sarah
- Topic Author
9 years 9 months ago #137879 by Sarah
PIP - can DWP do this?......is it lawful? was created by Sarah
I was awarded enhanced rate for both mobility & care in June last year at a tribunal after applying 10 months prior.
The award was to last until July next year and I've now been sent a new form to complete and now been asked to have a medical.....again!
Is this normal?
Surely they can not be all caught up? I thought there was a backlog of people waiting for appointments?
The award was to last until July next year and I've now been sent a new form to complete and now been asked to have a medical.....again!
Is this normal?
Surely they can not be all caught up? I thought there was a backlog of people waiting for appointments?
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- bro58
9 years 9 months ago - 9 years 9 months ago #137880 by bro58
Hi S,
I am afraid that it is normal procedure for a PIP recipient to receive review forms, etc a full year before the end of the PIP award date.
See : This Topic.
You should treat this review as if it was your first assessment.
If your assessment is to be carried out at a Consultation Centre and not at home, you should be aware that how you manage the return trip to/from the PIP Assessment Centre will be taken into account as part of the actual assessment.
You may be observed on approaching, leaving and whilst inside the centre.
Assumptions may be made by the assessor with regards to the above.
These assumptions could result in the assessor writing comments/recommendations within the PA4 PIP Medical Report which they compile and send to The DWP.
What to expect at your assessment is covered from Page 70 of our : PIP Claims Guide. (2nd Link on page)
Things do seem to have speeded up regarding PIP Assessments and reviews, mind you, we have the national roll out of transfers for all current DLA recipients to PIP starting from today for some Postcodes.
bro58
Replied by bro58 on topic PIP - can DWP do this?......is it lawful?
Sarah wrote: I was awarded enhanced rate for both mobility & care in June last year at a tribunal after applying 10 months prior.
The award was to last until July next year and I've now been sent a new form to complete and now been asked to have a medical.....again!
Is this normal?
Surely they can not be all caught up? I thought there was a backlog of people waiting for appointments?
Hi S,
I am afraid that it is normal procedure for a PIP recipient to receive review forms, etc a full year before the end of the PIP award date.
See : This Topic.
You should treat this review as if it was your first assessment.
If your assessment is to be carried out at a Consultation Centre and not at home, you should be aware that how you manage the return trip to/from the PIP Assessment Centre will be taken into account as part of the actual assessment.
You may be observed on approaching, leaving and whilst inside the centre.
Assumptions may be made by the assessor with regards to the above.
These assumptions could result in the assessor writing comments/recommendations within the PA4 PIP Medical Report which they compile and send to The DWP.
What to expect at your assessment is covered from Page 70 of our : PIP Claims Guide. (2nd Link on page)
Things do seem to have speeded up regarding PIP Assessments and reviews, mind you, we have the national roll out of transfers for all current DLA recipients to PIP starting from today for some Postcodes.
bro58
Last edit: 9 years 9 months ago by bro58.
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- Sarah
- Topic Author
9 years 8 months ago - 9 years 8 months ago #139485 by Sarah
Replied by Sarah on topic PIP - can DWP do this?......is it lawful?
Hi,
Quick recap: went to tribunal July 2014 & had mobility mark of 10 increased to 12 to receive higher rate.
Received a new form & assessment this June 2015 & told being reassessed as "normal".
Sent in very detailed form & tribunal award.
Now had my mobility down graded to 10 points again with immediate affect!!!!!
I'm seeking legal advice but wondered if anyone had experience of this as I don't consider this to be lawful over turning an award by the court & a year early!
I'm not starting the reconsideration process yet again.
Quick recap: went to tribunal July 2014 & had mobility mark of 10 increased to 12 to receive higher rate.
Received a new form & assessment this June 2015 & told being reassessed as "normal".
Sent in very detailed form & tribunal award.
Now had my mobility down graded to 10 points again with immediate affect!!!!!
I'm seeking legal advice but wondered if anyone had experience of this as I don't consider this to be lawful over turning an award by the court & a year early!
I'm not starting the reconsideration process yet again.
Last edit: 9 years 8 months ago by slugsta.
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- slugsta
- Offline
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9 years 8 months ago #139492 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic PIP - can DWP do this?......is it lawful?
Hi Enchanted,
Yes, I'm afraid this is legal. Unlike ESA and DLA, PIP can be reassessed immediately after the decision if it suits DWP to do so.
Yes, I'm afraid this is legal. Unlike ESA and DLA, PIP can be reassessed immediately after the decision if it suits DWP to do so.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bryando
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