Removal of established PIP benefit.
Posted , 5 users are following.
Does anyone think the 'powers that be' are deliberately taking the PIP benefit from claimants before they are 64 even though they have been receiving it (established and confirmed by the dreaded assessment and DWP decision makers etc for many years)? I received PIP following a face to face assessment, medical evidence and the DWP decision. I have deteriorated since the first medical but have since had this taken from me when I reached 62, following yet another assessment. As I cannot reapply shortly because of my age,is this deliberate? I cannot find out why they have removed my PIP, just that "you do not qualify for PIP now". There is no evidence, as to what the DWP mean, on the contrary, medical evidence proves I have deteriorated. Am I being cynical? How many other over 60s are having their PIP removed? It is true that anyone over 64 cannot reapply I believe? Is this deliberate, it has been a nightmare for me, they are not accountable to anyone - a conspiracy! Does not help people who are already ill both physically and mentally.
1 like, 9 replies
denise15811 Collie_Dog
Posted
Hi,
I don't think it's anything to do with your age. You won't be the first and certainly won't be the last person in your age group or younger ones to lose their PIP. It happens all the time. Just like those that have their awards increased at review, you can also have your award decreased or it can stay the same.
The upper age for PIP is 65. Once you reach your 65th birthday then you can't re-apply. This doesn't mean that you can't ask for the Mandatory reconsideration then Tribunal though. You have the same rights as anyone else.
When was your decision made? If it was within the last month then you can request the MR. You need to put this in writing stating what you disagree with and where you think you should have scored those points. If you haven't got a copy of the assessment report then ring DWP and ask them to send you this. This will tell you exactly why an award wasn't recommended and why. The assessment report is much longer and more detailed than the decision letter and is very useful when asking for the MR.
Most MR decisions remain the same. Only 20% of them are successful. Expect to take it to Tribunal. You have nothing to lose and this will be your last chance to get the Enhanced mobility back. It's a very long process so please be aware of that too.
I see this was a PIP review. What award did you have previously and have you lost everything after this review decision? Did you send in more evidence to support the review? Also are you claiming for mental or physical health?
Collie_Dog denise15811
Posted
They refused my review in December 2016 and stopped my benefit there and then, out of the blue, even though medical evidence and common sense proved I have deteriorated, I am still going through the appeals process but it seems futile, as it is impossible to ask why and receive any answers. I was advised to apply again for a new application.
I was granted the lower rate PIP in the beginning, assessed by an Occupational therapist, who carried out a home assessment; she was excellent and knew exactly what she was talking about etc.
I claim for both mental and physical health issues, which are not helped by this fiasco unfortunately. It is so wearing especially when Specialists are being ignored by these people!
Collie_Dog
Posted
They refused my review in December 2016 and stopped my benefit there and then, out of the blue, even though medical evidence and common sense proved I have deteriorated, I am still going through the appeals process but it seems futile, as it is impossible to ask why and receive any answers. I was advised to apply again for a new application.
I was granted the lower rate PIP in the beginning, assessed by an Occupational therapist, who carried out a home assessment; she was excellent and knew exactly what she was talking about etc.
I claim for both mental and physical health issues, which are not helped by this fiasco unfortunately. It is so wearing especially when Specialists are being ignored by these people!
denise15811 Collie_Dog
Posted
No problem. You can't re-apply after the age of 65. There's nothing stopping a claimant from challenging that decision though. With the first step in the process being the MR and then Tribunal if that's not successful. If you lose that Tribunal and you're over 65 then that's the end of the road as far as PIP is concerned because as i said you can't re-apply. It then becomes Attendance Allowance. If the MR or Tribunal are successful then you will continue with your award until the next review. The process then starts over again.
So you haven't had a PIP award since December 2016 and you're still waiting for your Tribunal hearing, is that right? If so then 70% of those who appear is person have a decision in their favour, so it's not futile by any means.
If you're thinking of re-applying before your Tribunal hearing then please do think carefully before doing this. A new application will most likely mean another assessment and you could be refused again and any new decision will over rule any Tribunal decision you have for your previous claim. You need to think very carefully before re-applying as you could possible shoot yourself in the foot so to speak. It's very risky in my opinion.
If you are still waiting for a tribunal hearing, that's a very long time to wait. Are you planning on appearing in person? If you've asked for a paper based decision then your chances are much less than that 70%.
The whole process is wearing for everyone, you're definitely not alone there.
Collie_Dog
Posted
No wonder the DWP are encouraging me to start a new application, 'below the belt' strategy!
Can't manage to discus errors in the nurse's report and following DWP decisions throughout.
Followed the procedure to the letter.
The case is hopefully in the hands of ICE, both against the assessors, then ATOS and the DWP Officers.
Had an attended Tribunal, it was just a 'farce' ignoring medical facts and evidence and concluding without proof or even the realms of possibility etc. The Doctor there said he watched us arrive and I walked into the court without stopping. I did stop once and then sat in the foyer for 5 minutes to catch my breath, he said "I must have not been able to see because of the pillar" and so it went on, I was so annoyed, if they are going to spy on patients, they should at least have the decency to get their facts right!
It is degrading when told you are "lying about conditions". Most upsetting when in such severe chronic pain, causing everyday managing problems causing me not to cope. This sends the mental health into turmoil. and despite the medical specialists intervening the DWP appear to be ignoring all the evidence as stated.
The DWP will not even tell us why they think I am no longer entitled to the PIP I was awarded all those years ago, as I have deteriorated health-wise?
denise15811 Collie_Dog
Posted
I'm not sure i fully understand what you're saying. You talk about the DWP, assessors and ATOS and then you say about a Tribunal that you attended? Are you saying you lost your Tribunal and have found an error in law in making that decision, so you took it to Upper Tribunal? This process can take a very long time which would be the reason why you've waiting since December 2016.
The reason i'm confused is because a Tribunal is totally independent to DWP or anyone else. Once the MR decision has been given then it moves to Tribunal and a claimant then has nothing more to do with DWP or the assessors.
Collie_Dog denise15811
Posted
Yes there are errors of law being investigated but I'm concerned about the cost of taking this further. ICE are investigating the case both of ATOS and DWP Officers who did not report accurate information and did not follow the rules laid down etc. Throughout I have been unable to challenge the inaccurate points which aided this decision. They promised to send an Officer to the Appeal Court but no one turned up.
The Upper Tribunal seem to cooperate better with a solicitor as they don't ignore them. ATOS and the DWP officers are still 'in the picture' because they did not adhere to the law and did not provide adequate evidence for reaching their decisions.
It is written that I am exaggerating/lying (not acceptable and very distressing for me) about my condition, despite several spinal and other operations being necessary, lots of medical evidence and support from specialists proving that I do suffer from chronic pain. Tried to telephone but DWP computers are down I was told after hanging on for over 30 minutes to try again in 2 hours and so it goes on. My MP is involved and very helpful but these people appear to be able to do what they want and are not accountable to anyone. I feel like a criminal but suggest if I was I would be treated better than I have been because after 30 years plus of full time work, at 62 I am too ill to manage with even everyday tasks, I am called a liar by the Appeal Court.
denise15811 Collie_Dog
Posted
I'm sorry you have to go through this. I had a feeling there were errors in law with this because i couldn't make sense of what you were saying.
Errors in law are really only dealt with by people who know what they are doing and unfortunately i have no experience with this. I really don't have any advice for you, sorry.
I do however wish you good luck with this. As for a new claim my advice for that still stands, it's risky because any new decision will out rule and decision made in the future by a Tribunal. Good luck.
Collie_Dog denise15811
Posted
Thank you Denise, it has me in a 'whirl', feel as though it is all futile anyway and when not well things are so much worse and feel more intense.