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    Super Moderator BillK's Avatar
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    Exclamation DWP Review of PIP Claims After Supreme Court Ruling

    I am starting this thread with a post on behalf of my forum buddy Maxie-Girl. She is undergoing what seems like an intensive regime of chemotherapy and scans which are leaving her drained and unable to focus mentally for most of the time. I'll leave her to introduce herself when she is able. She had read about a recent Supreme Court ruling which meant that many PIP claimants may have had their claims wrongly refused or allowed at a wrongly reduced amount. The DWP are now expected to review PIP claims within a certain time 'window' to put the error right - but there is of course no incentive for the DWP to do this thoroughly, and we agreed that it would be advisable to look into it ourselves - with a view to alerting the DWP to our findings in Maxie's case if/when we think it may warrant a review. Here is a link to Steve Donnison's excellent 'Benefits and Work' (B&W) website (with their open permission) - where this ruling is summarised with a video explaining it in simple terms (scroll down the page):-

    https://www.benefitsandwork.co.uk/pe...claims-updates

    This is the explanation in more detail:-

    https://www.benefitsandwork.co.uk/im...ge_changes.pdf

    The ruling affects PIP claims where the Daily Living element was either not awarded, or awarded at the Standard rate only - and it applies to the DWP's interpretation of Daily Living Activity #9 - Descriptors b & c.

    Now, this ruling in itself is perhaps worthy of further discussion here - but we hit upon something which seems to change the game in this particular case.

    Maxie had been receiving PIP for some time, and made a renewal claim in 2017. She is still rummaging in her records for the original Decision Letter on that PIP renewal claim - but later in 2017 she requested a Mandatory Reconsideration (MR) of that decision, and she has found the Decision Letter for that. The decision was that the DWP would not change the original decision, and the letter included a breakdown of how the points had been scored. The points for the Daily Living Activities added up to 13, and the letter stated:-

    " Your total score for the daily living part of PIP is 13 points. This means you've been awarded the standard rate. "

    So - what is wrong with that statement ? Answers on a postcard, please...

    Yep - unless I have missed something - a score of 12 points or more should mean an award at the Enhanced rate, as far as my understanding of PIP goes. It's not just a simple typo, because in that Decision Letter the individual scores for each Daily Living Activity all add up to 13 points. Additionally, this is a decision made following a MR - which should surely have picked up on this apparent error if the MR had been conducted properly. This is why I think we need to try and find the original Decision Letter - because that would show that the original decision was flawed and should have been corrected by the later MR.

    So - on the one hand, the Supreme Court ruling is well worth checking out - perhaps with the help of the above links to the B&W explanatory pages. BUT - unless I have got this wrong - we should all thoroughly check our DWP Benefit Decision Letters when we get them, along with MR decisions as well.

    If Maxie is unable to find her original Decision Letter, then she should be able to get a free copy of it by sending a Data Subject Access Request (DSAR) to the DWP.

    In any event, though - the MR Decision Letter should be enough evidence, I reckon.

    Over to you, Maxie...
    Last edited by BillK; 11-11-2020 at 05:46 AM.

 

 

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