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Changes in PIP Law letter second one...

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3 days 5 hours ago #305597 by raindaisy
Changes in PIP Law letter second one... was created by raindaisy
Hi BIS and everyone , again.

well aren’t we all very lucky to have a new government in , introducing new welfare reform for ppl with disabilities?
My husband and I still have to undertake the 10 year old reforms yet ! moving from DLA to PIP for OH , Ir ESA Migration to UC and now we have these new reforms to deals with!! don’t you just get fed up with it all, thank God for sites like this !! awesome job!!

So my PIP : 2nd letter from DWP . Looked recent award 2022 0nwards re MM vs DWP law. Stays the same. BUT :
This is my PIP history and MH disorder has been ongoing throughout with lots of difficulties.

Review 2016
decision date 18 July 2016
Awarded 2 pts for activity above . I met the criteria for 4 pts under the new law change . As we know all evidence was ignored or played down.
However , I scored 9pts total , Daily Living. Standard Rate applied. 2 extra points will bring it up to 11 . So no change on Daily Living rate .

Review 2018
decision date 1 feb 2019
Awarded 0 pts for activity above. I still met criteria .
Total Daily Living 6pts awarded.
Moving around 0pts. PIP ended. Payments stopped. This had massive knock-on effect on other benefits. nightmare . so stressful . I even considered suicide i got that low with all the stress of everything.
MR decision date 24 April 2019 result Daily Living 6pts , Moving Around 4 pts ( 0pts for engaging )
Appealed to Tribunal , went to the wire , DWP infamous phone call day before dwp deadline: New decision : 28 June 2019
Awarded 2 pts activity above. Daily Points total 11 points. Moving around 12 points . ( Planning 4 , Moving 8)
SR daily living , enhanced mobility awarded. ( thank You B&W)

Review 2022
Decision Date 21 June 2023
Awarded 0pts for above. Engaging.
Daily Living Points 11 pts . mobility 8pts ( minus 4 points for planning this time ) No change in MH . Still ongoing treatment and engagement with MH services. Still having difficulties. I disagreed with decision.
30 August 2023 MR : decision unchanged.
Appealed to Tribunal . Another to the phone call from DWP day before tribunal deadline.
Decision date: 10 October 2023
Daily Living 12 pts ( 0pts for engaging to face ) no change in MH , just ignored. More pts awarded towards personal care.
Mobility 12 pts ( 0pts planning , 12 pts Moving)
Enhanced on both rates ( Thank you B&W !)

Now in 2023 I got a LEAP letter , and as you imagine , I didn’t want to have to deal with the DWP again , I did ring, the decision maker wanted me to go through my award on the phone . I declined. My MH was not good at the time .

Received another letter from DWP last week.
It says : “Changes in PIP law . I have looked at your PIP award before 28 April 2022 and it is not affected.
Your PIP award from 28 April 2022 is correct . This is because these changes in PIP law were taken into consideration when deciding your award from that date .

I looked again at the information on your claim including any new information you provided at my request ..( they didn’t request any )
I looked again at all your PIP claims that maybe affected because of the following changes in the law on how PIP claims are decided.
MM vs DWP tribunal judgement This relates to how we consider the support someone needs to engage with other people face to face.
It goes on about prompting etc. I scored 2pts for the prompting etc as I experience long periods of depression and anxiety and I don’t go out for months on end.

Any advice? Looking at it the decision date in 2016 , another 2pts would still be 11pts.
But the decision date 2019 I was awarded Daily Living 11pts , including the 2 for engaging . If the 4 had been applied I would have received Enhanced rate ?
The review in 2022 to 2023 , I received zero points for anything towards MH , even with medical evidence, medication and my own account and supporting letter.
A review of that , would make no difference to the outcome of award .
Advice? Ask to look at 2019 again? I have all the documents including medical letters and medical reports from MH and HCP reports.

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1 day 22 hours ago #305678 by BIS
Replied by BIS on topic Changes in PIP Law letter second one...
Hi raindaisy

There's nothing I can tell you here. They've said they have already considered your award, and they believe they have awarded you the right number of points. You disagree, and if you want to challenge it you can do so - but you need to have an argument for why they are incorrect, in only awarding you 2 points instead of 4 for Activity 9. They have said you need prompting, but they are saying you don't need social support. You could argue that they ignored the evidence you sent in - but that may not be enough. Look for the reason why they keep ignoring your mental health.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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