Can my wife have her PIP claim re-assessed?

[pumbles]

My wife currently receives PIP standard mobility.

 

Her claim expires in 2022, but her general health, mobility and mental health has declined. Is she able to be re-assessed mid claim, and is it worth trying. 

 

Just to add, she has now reached pension age (66)

 

Any advice would be much appreciated.

[speedfreek]

Yes she can!

 

So the question then becomes should she?

 

Well PIP has 2 levels and we all know points make prizes!

 

Therefore run a few online PIP tests, go through the descriptors with a fine tooth comb  and work out what her new point score would be and if it moves her up a level....... and if you have your arguments and evidence to back that up then - nothing ventured nothing gained (see * footnote)

 

If it doesn't then leave well alone! 

 

* (foot note) any re-assessment comes with risk of the loss of the whole award and having to wait until you win at appeal. If you have your arguments and evidence to back that up then when it gets heard a appeal (note not mandatory reconsideration - which is a joke at best) ; 

 

the DWP have to prove why they reduced an award

on top of that argue why the award should not be increased. 

 

I've won 3 DLA appeals doing the above and am expecting the same with my current DLA >>> PIP conversion - place doubt then argue your evidence focusing on your evidence and how it fits!

 

[pumbles]

Thank you speedfreek, I will start the process on Monday.

 

Once again CAG comes up trumps.

[honeybee13]

If you feel it's appropriate, you could click on the heart at the bottom right of speedfreek's post to say thank you.

 

HB

[pumbles]

I shouldn't have needed reminding, but thanks for the nudge honeybee

[honeybee13]

4 minutes ago, pumbles said:

I shouldn't have needed reminding, but thanks for the nudge honeybee

 

Well done, speedy deserved it.

 

HB

[MumblesMile]

Hi,

I am a welfare rights adviser.

Don't ask me what I'm doing on this forum at this time... I would second what Speedfreak said.

 

But also, please note that for a change of circumstances ie. deterioration in condition, after you turn 65 (unless you were entitled to DLA and this ended less than a year ago, and you were under 65 on 08/04/13) you WILL NOT be-able to move from standard rate to enhanced rate mobility of PIP.

 

I am not saying don't seek a review.

You can and you should, if she meets the conditions for a higher award.

But it sounds like this would need to be an award in the Daily Living Component element, rather than mobility.

 

As Speedfreak suggests, go through the criteria and work out how many points she qualifies for (for DLC and Mob: awards can go up, down or remain the same), and see if you think the risk is worthwhile.

 

I am sure the moderators will correct me if I'm wrong, but these guys deal with debt and consumer issues on the whole and few people here will be in a position to give benefits advice.

 

I would certainly do your own research.

The criteria for PIP DLC can be found at Table 2 of Schedule 1 of The Social Security (Personal Independence Payment) Regulations 2013- google it and click on the one at legislation.gov.uk. Make sure you open the latest available version rather than the original, as there have been significant changes in the law in the last few years.

 

If you need help, or unsure whether a review is worth the risk, please try to get some specialist advice.

If you have already gone through the criteria and noted how your partner meets them, this will help the adviser immensely.

 

Unfortunately funding for advice in this area is very limited atm so it will be difficult for the adviser to give a realistic assessment of your case in the limited time frame they likely have unless you have looked at and addressed these first: no legal aid is available in this area any more. But your local Citizens Advice, council Welfare Rights Unit, Law Centre, or MIND may be able to help.

 

Please bear in mind that (admin, I am sure you will correct me if I am wrong) this is a consumer advice forum and seems pretty hot on consumer and debt issues but few people here are likely to be benefit experts.

 

If you have a technical question about PIP entitlement then I would suggest you try rightsnet.org.uk forum.

People there have a huge knowledge of this kind of area of law.

 

But note they do not provide advise on the merits of individual cases or action needed to members of the public as CAG do, so it is no substitute to doing your own research about the legal test & preferably getting specialist advice.

 

Sorry for the length of post, force of habit trying to make sure every thing is covered.

 

Also CAG apologies if I have misunderstood your remit, this is my first post so I am pretty much a newbie.

[speedfreek]

Thank you for joining us!

 

Just one thing the rightsnet forum is closed to posting by all but subscription from a verified WELF organisation verified by said organisation so........

 

If you were what you say you were you'd know this!

 

Hey ho!