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Thread: PIP Mobility Mental Health Awards

  1. #1

    PIP Mobility Mental Health Awards

    Hi all

    Anyone waiting, or has a case like mine may like to respond any comments from others is also welcome.

    I had been aware of the change in law in 2017 regarding PIP Mobility in relation to Mental Health. The courts instructed DWP to change descriptor and review all awards associated with mobility mental health in 2017.
    I called PIP dept several times in the last few weeks because I was getting mixed messages about my having such a review based on my having my mobility taken away on review in early 2017, the mobility award I had got in 2016 following an appeal. Today, I finally got through to someone competent in the PIPI dept who explained the following:

    1.My award as it stands is showing on the system as being 'flagged' for review.
    2. The reason I have not yet heard from DWP is because my review has not been completed due to the fact the PIP dept has asked for more guidance from parliament (I assume the lawmakers.) on what to do in cases where an original award for mobility was made following an appeal.

    So, after nearly 2 years since the court ruling, the DWP are still not sure how to interpret it and folks like me are left waiting for a decision either way.

  2. #2
    Hi had both full pip awards.it was taken half away 13 months ago and only now do i have a date for hearing.Due to mental health im going have to request paper based

  3. #3
    Senior Member nukecad's Avatar
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    The DWP didn't start reviewing any cases until 25th June 2018. (The government were prevaricating about whether to appeal the JR).

    There are around 1.6 million cases to review, it's going to take a while.
    They are actually reviewing two different High Court judgements.
    Figures published in December 2018 showed they had only done 140,000 (10%) by then. (and just 1,000 had been revised and backpaid).
    https://www.gov.uk/government/public...-cases-cleared
    So unless they speed things up then its going to take another 4 or 5 years to complete them all, many will not even have started yet.

    I'd not heard about that 'award made following appeal' issue, but it shouldn't make any difference to the review finding.
    The review is about the unjust law as it stood in 2016/2017.
    And the tribunals themselves had to follow the unjust law at the time anyway, the review is about the law not about who made the decision.

    However I have no doubt that the government/DWP may be somehow trying to use it as an excuse to limit the amount of any backpayment to be made where relevant.
    If you recall they tried a similar tactic in an attempt to reduce backpayments with the IB-ESA cock up.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  4. #4

    PIP Mobility Mental Health Awards

    Quote Originally Posted by nukecad View Post
    The DWP didn't start reviewing any cases until 25th June 2018. (The government were prevaricating about whether to appeal the JR).

    There are around 1.6 million cases to review, it's going to take a while.
    They are actually reviewing two different High Court judgements.
    Figures published in December 2018 showed they had only done 140,000 (10%) by then. (and just 1,000 had been revised and backpaid).
    https://www.gov.uk/government/public...-cases-cleared
    So unless they speed things up then its going to take another 4 or 5 years to complete them all, many will not even have started yet.

    I'd not heard about that 'award made following appeal' issue, but it shouldn't make any difference to the review finding.
    The review is about the unjust law as it stood in 2016/2017.
    And the tribunals themselves had to follow the unjust law at the time anyway, the review is about the law not about who made the decision.

    However I have no doubt that the government/DWP may be somehow trying to use it as an excuse to limit the amount of any backpayment to be made where relevant.
    If you recall they tried a similar tactic in an attempt to reduce backpayments with the IB-ESA cock up.

    Yes, all very frustrating. I was told my current award had been flagged in August last year, and a final decision has been put on hold which explains why I haven't received a decision letter on any new review. The PIP Dept I spoke to admitted that there is confusion when people call in inquiring as many are showing as having been reviewed but, like mine, are actually on hold for the reasons I mentioned. I guess, like you said, its a ploy to avoid too many rebates going out at one given time.

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