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Thread: Question regarding PIP ending early

  1. #1

    Question Question regarding PIP ending early

    I was awarded pip for 3 years after taking it to a tribunal. But last September, I received a renewal form that I had to fill in & send back by the end of September. I stated in the renewal form that nothing had improved, but had gotten worse with a change in medication for the deterioration. But I still received a letter asking for me to go in for a assessment. I was frank & explained about everything & even said that I had won my appeal last time & this renewal was some 11 months early, as I still had 11 months of pip I was awarded. But after Christmas, I received a letter saying I scored 0 on everything "AGAIN" & they stopped my pip. I'm now at the tribunal stage again & just waiting for the hearing to be set.

    So, my question is, can DWP do this. Sending you a renewal form & telling you that you had to fill it in by x date & then wrongfully award you 0 points & stop it prematurely? Surely if you've been awarded it for 3 years, you should get it for 3 years, especially when a tribunal service made this ruling. To me, this looks like its a deliberate attempt to cut short entitled payments under the disguise of a renewal.

    Thanks in advance
    Last edited by VsUK1981; 02-08-2018 at 05:32 PM.

  2. #2
    This is standard practice. Renewal documents are sent out 12 months before the end of an award to allow time for assessment etc.. The new decision supersedes the original one and is implemented on the date of the new decision. All you can do is ask for MR and if necessary appeal. If you are successful your award will be backdated to the date of the decision.

  3. #3
    You won at the tribunal in the past, go for it again, you have nothing to lose !
    Call me Mike.

  4. #4
    Unfortunately yes they can do this.

    I won an appeal only to be reassessed two days after having done so - the letter was dated the date of my appeal, despite ESA being awarded for at least three years. Same thing happened. I don't trust the supposed length of benefits anymore. Every day I worry about being reassessed.

    I complained as did my MP at the time, the response was basically I'd not been seen for a long time by their 'medical professional' so required reassessing immediately by them. The appeal was the same am waiting on hearing about outcome of last form. I know the appeal judge was really angry id been reassessed so soon. No idea if they took that up or not though.

  5. #5
    Senior Member
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    I know nothing about laws as such but if a court tells the DWP to overturn a decision they have made and then the DWP then set about going through the same process again for no reason then that has to be contempt of court surely.

    At the least its persecution.
    .

  6. #6
    I honestly don't know.

    I do know it started happening when welfare rights organisations such as CAB lost funding and moved out of area. We have telephone helpline now but they won't provide any face to face or representation for appeals, literally the phone line is about telling you to go online to look up information, if there is a CAB they can book an appointment but you must live in an area which is covered.

    A lot of things which didn't happen before started happening the moment that change occurred. Our county is used for a lot of trials, closure of jobcentres has meant a lot of people cannot claim because they live too far away to meet requirements for attending the only remaining Jobcentre (that'll be worse when UC is full service). The responses have been about moving closer to the jobcentre, likewise there are no medicals done here now - argument being that people living here must travel to where they now are for hospital care so can travel there for benefit medicals as well.

    I know I feel bullied by the DWP as do others here. Welfare rights organisations are closing all over and what happens here will start happening elsewhere as there's no one to stop it.

    There's something like 200 people who claim out of work benefits (excluding ESA support group) in my county. Most of them will have been sanctioned. Talk to people about benefits here and the attitude is they don't have the strength or ability to keep a claim going, it's just too difficult. There are major issues with internet here and mobile phone signals (which will get worse when 3G is switched off as 4g just doesn't work here) these are essentials to claim, but geographically impossible. There are entire areas now without any tv signal since it went digital, even in the main town there are streets with no tv signal and no mobile signal.

  7. #7
    Regarding the PIP re-assessment, as stated by others, the DWP usually send out the forms around 12 months prior to the award running out. You are not alone with being in the situation of just having won at tribunal, only to receive immediately afterwards or near enough, forms to be assessed again, it happens for all benefits, but ESA and PIP, it appears to happen quite a bit.

    It also appears that, after being re-assessed, the award falls or disappears, thus the claimant has to go through the whole process of MR and appeal again.

    In the Regulations, the DWP, under their directive as acting on behalf of the Secretary of State, can have a claim re-assessed at any time, without reason.

    All I can hope is that you manage to get the situation resolved quickly. The fact you will get back pay, for your award in the end, is no comfort, you and others should not be going through this. After all they have just said (tribunal members), you qualified, and nothing is better, or has got worse, yet the DWP/Atos now say you do not get anything would appear to go against reasoned behaviour.

    As Bekki says, many of us, me included have been bullied by the DWP, so although it may not help a lot you are not alone, in feeling how you most probably do.

  8. #8
    Well I've been notified the tribunal have my appeal letter, so just have to wait for a time & place to be heard. I'm confident of getting it again. More so because every time I appeal & this is my 3rd appeal. They apologised for being made to go to appeal. I even change where I'm assessed, to one further afield, which made no difference.

    I think something needs to change. Because when my health deteriorated & I was no longer able to work. I was awarded 0 points for PIP. Appealed & I was awarded it for 1 year & it all went through rather quickly. So, still having 7 months left on my PIP award, basically right after the tribunal awarded me the PIP for one year. I received a renewal form. The resulting renewal scored me 0 points & I had it stopped. I had to go all the way to appeal & was awarded it for 3 years. Now again, 11 months early they've awarded me 0 points, but expected to have it overturned again. But so far, I've had 18 months of payments stopped because, of what I call a deliberate attempt to cut short payments by awarding 0 points.

    I also like how my assessors have all been physiotherapists, when my illness is mental illness & problems caused by diabetes type 1. Not once was I ever asked to do anything, they always had their backs to me typing away just asking questions. On one occasion, I was asked if I'm currently thinking about killing myself. I said no, he smirked & mumbled, not that depressed then.

    It's humiliating & degrading of the worst kind, by people who deliberately lie on these forms they fill in & nothing is done about it. But if we even tell a little fib on our forms & get caught, we're in court on benefits fraud.

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