A rather nasty twist on a PIP review situation

Posted , 4 users are following.

My PIP is due to expire on 20 May next. I duly filled in,submitted further medical evidence and returned the form by the due date. It got delayed in the Christmas post. Okay, so I phoned DWP and the said 'don't worry' it will get into the system eventually. It did.

By March I had heard nothing so I phoned DWP again. It was in the system and was with Independent Assessors (formerly ATOS). So, I phoned I.A. on 11 March. They said I would be having a F2F.

And then Coronovirus.

So today I phoned I.A. again only to be told my case along with another 44K cases had been recalled by the DWP for decision. They told me to ring DWP which I have just done. The conversation went like this:

Me: I realise the world has been tipped upside down but could someone please explain to me, personally, what is happening with my review case.

Him: That's right, you will not be having a F22, neither will you be having a Telephone Assessment. We will be making our decision directly.

Me: So, what happens if you decide 'Nil Points' based on no F2F or 'telephone chat'?

Him: Well, Its M.R. then.

Me: Isn't that rather discrimination against 44K people trapped in treacle?

Him: 'So what?'

Me: Rather patronising don't you think?

Him: So?

Me: I take it this call is being recorded?

Him:. Blallalabbbabbaaabbbbaba

Me: For once speechless....

Any thoughts/ideas/comments/suggestions anyone because I feel sure Nil Points is on its way...

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  • Edited


    Yes my thoughts...... a lot of DWP advisers give bad advice and i wouldn't believe anything they tell you.

    A PIP decision can't be made unless an assessment report is written and returned to DWP by Independent assessment services.

    All f2f assessments are suspended for at least 3 months. They will either do a telephone assessment, a paper based on (if they have enough of information to write the report) or they will wait until f2f assessments are back up an running again.

    If a decision hasn't been made by the time your award is due to end then they should extend that award so that you're not left financially worse off during the pandemic.

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    • Posted

      Thanks Denise. However, it gets worse. Today my husband received a letter from the Carers Allowance team to say that when my PIP runs out on the 19 May, so will his Underlying Entitlement. I'm assuming this will impact adversely on our housing benefit and council tax reduction. Also, it would appear the Carers allowance team are disregarding the fact that I, and thousands of others possibly in the same position, are disregarding the DWP's promise to continue to pay anyone trapped in the COvid-19 trap because F2F's cannot happen, or indeed in my case a 'telephone assessment'.

      Any thoughts?

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    • Posted

      Yes, the letter from Carers allowance will be automatically generated because your PIP award is ending in May.

      My advice still stands on the PIP decision, it can't be made without the assessment report being returned to DWP.

      May i ask if you were awarded by a Tribunal for your existing claim or were you awarded by DWP?

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    • Posted

      Thanks again Denise. ATOS have returned my file to DWP without them carrying out a F2F or telephone assessment and the DWP say they will make the decision themselves. Which begs the question why have AtoS Etc in the first place if DWP all of a sudden feel capable of doing them themselves. No mention was made by them of carrying out a paper based assessment but in conclusion that must be what the man meant. So, yet again I find it implausible that they can (if they do) award NIL points. I shall of course request an immediate copy of the decision report and a MR. As Tom indicates it will be a long job. So,, with that in mind should I consider applying for ESA bearing in mind my work limitations and the fact that I am my husbands carer so could only work upto £140 per week. And if I did that how is our housing benefit likely to be effected? Also, if I don;t get PIP and don't pursue ESA, how does that affect our housing benefit. (My husband gets high rate AA by the way).

      My PIP circumstances were an original refusal based on minus one point. I asked for the report, studied it and returned it with Factual lnaccuracies. To be honest their original report was full of holes, so it was fairly easy to do a concise counter argument. Which, after a telephone discussion I was awarded the extra one point which meant I was able to get the Standard lower rate daily living, even though most of my health issues relate to mobility issues caused by prosthesis.

      I know I am most likely jumping the gum, but I have learnt the hard way not to expect anything. However, I submitted my review claim mid December and every step of the way I have had to be the one to do the chasing. No letter about my review claim has been received. And in the interim I was diagnosed with cancer, underwent radical surgery and radiotherapy. And the side effects still affect my day to day living, and my consultant has said will do for a long time to come. Yet, I have been given no opportunity to put that forward. I am so disheartened the only way out that I can see is to try and get a job (that should be fun in todays climate) hence my question about ESA, which I know nothing about.

      As ever Denise, I cannot thank you enough.

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    • Posted

      I think you are really over thinking things here. It's very highly likely that a paper based assessment has taken place. I've never ever heard of anyone being refused PIP based on a paper assessment.

      Your ESA question. The only ESA that's possible to claim right now is New Style ESA and for this you need to have paid enough NI contributions from working in tax years April 2017 to March 2019. If you haven't paid enough then you won't be able to claim it. You can only claim this if you have a limited capability for work because of a health condition. You can't claim it based on being your husbands carer. You wil l also need a fit/sick note from your GP to be able to claim this. Also if you're claiming carers allowance then you won't be able to claim New style ESA at the same time because they are classed as overlapping benefits.

      Other than that the only other benefit is Universal Credit. To claim for limited capability for work through this you will need to sent in sick/fit notes from your GP. As it's a means tested benefit then you will need to claim as a couple with your partner. If you claim UC then your housing benefit will continue for 2 weeks and then transfer over to UC. Use a benefits calculator to check entitlement.

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  • Posted

    Nil points its what most people get on a manatory reconcideration me included i had my appeal tribunal booked on 7th april 20 now its been cancelled till who knows waited 11 months already was previouly on dla for an indefinite award which lasted 19 years then a woman turns u p at my house and gives me 0 points so my left hemelpliga from birth means nothing good luck to you hope it goes well and keep safe and well.

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    • Posted

      Hi Tom,

      Mary's claim hasn't been refused, she currently has an award but it's due to end and a decision hasn't yet been made on the review.

      As you may already know appeal hearings in person are suspended until further notice. If you have a rep then you could be in a for very long wait. If you don't have a rep then it could be a telephone hearing but how long you'll be waiting is anyone's guess.

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