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Thread: Can DWP call me for assessment after I won my tribunal?

  1. #1

    Can DWP call me for assessment after I won my tribunal?

    I am autistic, have dyspraxia and severe social anxiety. I moved from DLA to PIP but my PIP claim was refused. I went to tribunal and was awarded PIP Daily Living component at the enhanced rate for 10 years from 2016. The tribunal told the DWP rep in court that they had one month to challenge the decision if they wished to do so. They did not.

    I have now received a letter calling me to a PIP assessment in 14 days' time. I don't understand how they can do this if I was given a 10 year award at the tribunal. Can anyone explain this please?

    Just to clarify, this IS definitely a PIP assessment, although a few days previously I ALSO got a Capability for Work Questionnaire from ESA....feeling a bit hounded by the DWP currently.

  2. #2
    Senior Member nukecad's Avatar
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    In a few words - YES they can.

    The tribunal usually only recommends an award length, the DWP don't have to take that recommendation.

    What did your PIP award letter from the DWP say about the length of your award?

    PIP awards have a set end date, and they reassess 12 months before that date.
    (There are also 'on-going' awards with no end date but a 10 year review date).

    So if the DWP had given you a 4-year award that would be a 2020 end date, and you could expect the reassessment form around now.

    You can see the details of how they set award lengths here:
    https://www.disabilityrightsuk.org/s...%20%282%29.pdf

    However - All of the above is trumped by regulation 11 of the PIP regulations 2013 which states:
    Re-determination of ability to carry out activities

    11. Where it has been determined that C has limited ability or severely limited ability to carry out either or both daily living activities or mobility activities, the Secretary of State may, for any reason and at any time, determine afresh in accordance with regulation 4 whether C continues to have such limited ability or severely limited ability.
    http://www.legislation.gov.uk/uksi/2...lation/11/made

    It's that "for any reason and at any time" that means they can reassess you whenever they want to.
    That's the law and the tribunal can't change that.
    Last edited by nukecad; 08-10-2019 at 10:45 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    UPDATE:

    The DWP actually cancelled this PIP assessment and stated that it had been issued in error. In the meantime, I contacted the Tribunal which had issued the award. I was told that because I had appealed the DWP's original decision not to award PIP and the subsequent 10 year ongoing award was made by a judge, the DWP (Secretary of State) cannot change the decision or reassess me because they were given 30 days to challenge the judge's decision and they did not do so. The DWP have confirmed that the review date for my ongoing condition and award is 6 months before my 10 year award ends. So I guess it's slightly different if a judge makes a decision, not the DWP.

  4. #4
    Senior Member nukecad's Avatar
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    The good news is that they have cancelled it.

    However what the court clerk told you is not strictly correct.
    Whilst the DWP usually listens to what the judge has ruled, and would need to have a good reason to go against it that regulation11 means that they can do.

    Judges interpret what the law says and means but they can't overwrite it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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