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PIP Assessment to Tribunal how to complain

maxooo1maxooo1 Posts: 4Member Listener
Hi all, I am my son’s appointee. His pip was taken away last April, 9 months prior to his awards end date, due to lies by the asseser. We won the tribunal last Friday. My question is: how long until his payments re-start, how much if any back pay will he get, as they dated the new award from October 2018 for some strange reason, rather than the April he lost it. Also can I complain about the lies told by the asseser which lead to the whole fiasco in the first place as the judge said they couldn’t deal with the home visit, only look again at the points system. 
Thanks in advance 

Replies

  • paffuto10paffuto10 Posts: 83Member Pioneering
    @maxooo1

    Hello and welcome  :)

    Well done for winning the tribunal. 
    What a harrowing year you've just had, by the sounds of it. You and your son have my sympathy. 

    How did the loss come about, was it a Review?

    You should shortly receive letter stating when payments will commence and how much back pay. 

    Sorry, I don't understand why they're restarting from October rather than April. Weird.? 

    I'm not too sure (and too tired to look at the moment) but think it says on the PIP decision letter where to complain against the assessor. 

    I'm quite new here myself but there are advisors and I'm sure someone will be along to help.

    Enjoy your victory.!!  :D



  • maxooo1maxooo1 Posts: 4Member Listener
    Hi, thank you. Yes, it’s been terrible, first losing his PIP, then waiting 13 months for a court date. I had assumed it wasn’t happening as the DWP were against our appeal. It was through a review, yes.
    My son has ASD amongst other things & the assessor was 45 minutes late & then didn’t actually listen to anything we said. She claimed to see him open the front door & walk 10m, when he didn’t actually leave the sofa!! She also stated there are no aids within the home & they’re all over, so it was a disaster & makes me wonder if they ought to be recorded in future, that way all parties can agree that whatever is said is a true & accurate account. 
    We were just so relieved to win the tribunal that I didn’t really take in the date difference until the following day & wondered if they can only backpay a maximum of 12 months. 
  • JurphJurph Posts: 237Member Pioneering
    There's no maximum. The backpay is simply to the date of the decision.

    (I was paid for 84 weeks)

    It might be worth ringing HMCTS and asking them. I doubt the DWP will pay until it's correct.
  • maxooo1maxooo1 Posts: 4Member Listener
    @Jurph
    Thank you, I will do 
  • maxooo1maxooo1 Posts: 4Member Listener
    Update: I phoned HMCTS today & was told to write & ask for a note of correction re the April/May ‘18 date. They also told me to question the decision to date it October ‘18, rather than the date the original award ended. So my letter will go tomorrow & I will keep you posted on the results from both the DWP & the court
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