I won my PIP tribunal appeal the other day and have been awarded enhanced daily living and enhanced mobility for an indefinite period.Does this mean that the DWP are unlikely to ever want to re-assess me again?
I think too much emphasis is being put on a potential time period.Point one: The court has definitively decided that you qualify for x and y under the criteria. There is no time limitation on this decision. There is no route of appeal to this decision.Point two: The courts are the ultimate arbiter of interpreting the law. The Home Sec. or his servants cannot overrule a court under any circumstances. This is constitutional.An impression is being given that the DWP might "lay low" for a while and then completely disregard the court's award decision. This is utterly false.Any changes would have to be approved by the court. As I said there is no route of appeal to a higher court. They capped it so and it works both ways. There can be no further action or case law as a Tribunal cannot do so.The only way to circumvent the situation would be, as I alluded, to repeal PIP and create something more open to manipulation.I am not a lawyer although I have won every one of the six cases I have had (don't ask.) No-one else here is a lawyer either and that should be kept in mind !
@Governments_A_Joke Hi shouldn' they pay you 564.40 was wondering why it states 544.24 mine also says same .
@Governments_A_Joke My award letter from the DWP, following Tribunal decision, states that DWP will contact me after Nov 2027.So, let's hope that DWP will do what they say in their letters and will not contact people before the date they state they will.
@Governments_A_Joke. What the tribunal did was revise the DWP decision. Once you’re outside the usual one month deadline it’s hard to challenge a tribunal decision. However, the reason you’re being paid is because of the subsequent DWP decision and that can be challenged as I have described.
Bear in mind that regular reviews was one of the original policy intents of PIP. Doesn’t mean they won’t back off from it though.
About the DWP letters, it is worth a complaint about this I feel, given the stress and anxiety caused by people being contacted about a review they would not expect at all based on the official information. You need to wait until you are reassessed to have grounds for complaint I suppose, but I'm sure you will keep that letter! WillRead more at https://community.scope.org.uk/discussion/38639/review-for-ongoing-pip-awards#ohXeToMtO5C7lvLz.99
Afraid I can’t possibly link to work cases as they are confidential.
I’m a manager within a welfare rights service and not available for face to face advice unless you’re in my geographical area. The ESA form is different in that it should stop regular reviews as they’ve been doing until late last year but it won’t stop the other reasons for a review.The cases I’ve come across today we’re early stages i.e. both just been told they’re up for review.
That doesn’t especially sound like a guess to me!
"...it was the judge who looked at the papers and decided there was a error of law because if the DWP change a award before the term expires they must state what the change of circumstances are which led to it and they cannot just say the change was the result of a award review."Read more at https://community.scope.org.uk/discussion/41814/long-journey-to-get-pip-award#4RTccDgcYuUCAotf.99
"...it was the judge who looked at the papers and decided there was a error of law because if the DWP change a award before the term expires they must state what the change of circumstances are which led to it and they cannot just say the change was the result of a award review."
Read more at https://community.scope.org.uk/discussion/41814/long-journey-to-get-pip-award#4RTccDgcYuUCAotf.99
The Tribunal judge said he wasn't fixing a term because by rheumatoid arthritis is never going to improve. But the medical geniuses at the DWP might think they know better. However, in 10 years time (the time after which ongoing awards usually are reviewed) PIP might have been overhauled into something approaching sanity. We can but hope...MWell thats good to read this morning Maltida. Think more people with rheumatoid arthritis should be given more than 3 years like my hubby got, as said is never going to improve. Hubby was on high rate when on DLA but like many was taken down to standard rate for PIP.Just glad he never had a mobility car as we would be without transport now. He could have,maybe should have appealed but didn't want to risk coming away with nothing!
Take care to present your views tactfully and remember that humour may be misinterpreted.